- What did the Supreme Court decide in the Wal-Mart case? And more importantly, how did it justify its decision? (HINT: the key word here is “commonality” (and how it related to “class-action lawsuit”). Try to understand what this legal terms means, as it is key to the court’s decision).
In Wal-Mart v. Dukes (2011), the U. S Suprem Court in its wisdom struck out the class action lawsuit filed by women against Wal-Mart for discrimination at the workplace. The Court made this decision based on the legal criterion of commonality which means that the plaintiffs must have legal or factual arguments to present. The plaintiffs argued that Wal-Mart was prejudiced but the court found out that the discrimination was not rampant in all the stores and this made the case not to be a class action lawsuit. The Court found out that the plaintiffs had not satisfied the legal requirement of commonality as the discrimination was not made pursuant to a policy but at the discretion of the managers. Therefore, the class action lawsuit was barred. By this decision, the court placed much emphasis on the issue of commonality in class action cases thus making it difficult for large number of people with different characteristics to file for a case against a company for alleged violation of their legal rights.