Merrill Lynch v. McReynolds

Issue: (1) Whether the Seventh Circuit’s certification of a disparate impact injunction class conflicts with this Court’s decision in Wal-Mart Stores, Inc. v. Dukes, which rejected certification of a nationwide class that, like this one, asserted disparate impact claims based on employment policies requiring the exercise of managerial discretion; and (2) whether the Seventh Circuit erred in holding, in conflict with other circuits, that Federal Rule of Civil Procedure Rule 23(c)(4) permits class certification of a discrete sub-issue when the claim as a whole does not satisfy Rule 23(b) and hundreds of individual trials would be needed to determine liability.

Briefs and Documents

Certiorari-stage documents

• Opinion below (7th Cir.)
• Petition for certiorari
• Brief in opposition
• Amicus brief of Product Advisory Council, Inc. et al.
• Amicus brief of Equal Employment Advisory Council
• Amicus brief of DRI - The Voice of the Defense Bar
• Amicus brief of Pacific Legal Foundation
• Reply of petitioner
• Supplemental brief of respondents
• Supplemental brief of petitioner