Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 31 Conference; we do not expect the Justices to issue any decisions on the merits.
Our list of "Petitions to watch for that Conference is here.

Wal-Mart v. Dukes

Docket No. Op. Below Argument Opinion Vote Author Term
10-277 9th Cir. Mar 29, 2011
Tr.Aud.
Jun 20, 2011 5-4 Scalia OT 2010

Holding: The certification of the nationwide class of female employees was not consistent with Federal Rule of Civil Procedure 23(a), which requires the party seeking class certification to prove that the class has common questions of law or fact; moreover, the plaintiffs' claims for backpay were improperly certified under Federal Rule of Civil Procedure 23(b)(2), because claims for monetary relief cannot be certified under that provision when the monetary relief is not incidental to the requested injunctive or declaratory relief.

Judgment: Reversed, 5-4, in an opinion by Justice Scalia on June 20, 2011. Justices Ginsburg, Breyer, Sotomayor, and Kagan joined the opinion as to Parts I and III. Justice Ginsburg filed an opinion concurring in part and dissenting in part, which Justices Breyer, Sotomayor, and Kagan joined.

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