RBS Citizens, N.A. v. Ross
Petition granted, judgment vacated and case remanded for further consideration in light of Comcast Corp. v. Behrend on April 1, 2013
Issue
(1) Whether it is consistent with Wal-Mart Stores, Inc. v. Dukes to hold that a defendant to a Federal Rule of Civil Procedure 23(b)(3) class action has no right to raise statutory af?rmative defenses on an individual basis if the classseeks "only" monetary relief; and (2) whether a district court can conclude that the Rule 23(a)(2) commonality requirement is satis?ed when a class claims the denial of overtime pay, without resolving whether dissimilarities in the class would preclude it from establishing liability on a class-wide basis.
Recommended Citation: RBS Citizens, N.A. v. Ross, SCOTUSblog, https://www.scotusblog.com/cases/rbs-citizens-n-a-v-ross/