Introduction: Dukes v. Wal-Mart Stores, Inc.
Elizabeth Chamblee Burch
University of Georgia Law School
Vanderbilt Law Review En Banc, Vol. 63, p. 91, October 2010
FSU College of Law, Public Law Research Paper No. 466
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
Date posted: September 27, 2010 ; Last revised: September 30, 2015