Introduction: Dukes v. Wal-Mart Stores, Inc.

Abstract:     
This short introduction to Dukes v. Wal-Mart Stores, Inc. aims to explain the case and to set the table for what promises to be thought-provoking roundtable discussion hosted by Vanderbilt Law Review En Banc. Accordingly, what follows is a concise overview of the legal background and current debate over the two procedural issues that the Ninth Circuit explored in detail – how to evaluate Rule 23(a)(2)’s commonality when common questions heavily implicate the case’s merits, and when a Rule 23(b)(2) class can include relief apart from injunctive or declaratory relief without endangering due process.

Number of Pages in PDF File: 14

Keywords: Dukes v. Wal-Mart Stores, Inc., class actions, due process, Title VII, employment discrimination, hybrid class action, Phillips Petroleum v. Shutts

JEL Classification: K41

Accepted Paper Series