Family Dollar Stores, Inc. v. Scott

(1) Whether the Fourth Circuit contravened Wal-Mart Stores, Inc. v. Dukes by holding that discretionary decisions by hundreds of supervisors can serve as the basis for a nationwide class action because "Wal-Mart is limited to the exercise of discretion by lower-level employees, as opposed to upper-level, top-management personnel"; and (2) whether a court of appeals may exercise "pendent appellate jurisdiction" to review an unappealable interlocutory ruling that requires the court to decide legal and factual issues distinct from the ruling over which it has jurisdiction and unrelated to the power of the district court to enter the appealable order.