Subscribe Subscribe   Find us on Twitter Follow POL on Twitter  



6-5 en banc ruling in favor of class certification in Dukes v. Wal-Mart

One hopes the Supreme Court will correct this travesty of a decision; we've extensively discussed the earlier litigation. Judge Kozinski's dissent is concise and to the point about the opinion's abuse of due process issues in its construction of Rule 23:

Maybe there'd be no difference between 500 employees and 500,000 employees if they all had similar jobs, worked at the same half-billion square foot store and were supervised by the same managers. But the half-million members of the majority's approved class held a multitude of jobs, at different levels of Wal-Mart's hierarchy, for variable lengths of time, in 3,400 stores, sprinkled across 50 states, with a kaleidoscope of supervisors (male and female), subject to a variety of regional policies that all differed depending on each class member's job, location and period of employment. Some thrived while others did poorly. They have little in common but their sex and this lawsuit.

I therefore join fully Judge Ikuta's dissent.

Related Entries:



Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.