Vanderbilt Law Review En Banc, Vol. 63, p. 91, October 2010
14 Pages Posted: 27 Sep 2010 Last revised: 30 Sep 2015
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.
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
Suggested Citation: Suggested Citation
Burch, Elizabeth Chamblee, Introduction: Dukes v. Wal-Mart Stores, Inc.. Vanderbilt Law Review En Banc, Vol. 63, p. 91, October 2010; FSU College of Law, Public Law Research Paper No. 466. Available at SSRN: https://ssrn.com/abstract=1683643