U.S. Supreme Court rejects class action against Wal-Mart

The Supreme Court today reversed the Ninth Circuit and pulled the plug on what would have been the largest-ever employment discrimination class action.  The Court rejected certification of a class of up to 1 million current and former female employees of Wal-Mart.  According to Justice Scalia, writing for the Court, Wal-Mart's decentralized employment practices make it impossible for the class to meet the "commonality" standard of FRCP 23, and claims for back pay are generally not available under FRCP 23(b)(2), which allows for injunctive or declaratory relief.

See the opinion in Wal-Mart v. Dukes here.  See our earlier coverage of the case here.