The supreme court decided that they will no longer proceed with the class action lawsuit regarding gender discrimination against Walmart, the court justified their decision based off two deciding factors. The first factor being “commonality” the justices decided the plaintiff (Duke) didn’t provide sufficient evidence in regard to the discrimination that affected all class members generally. The discriminatory practices were assigned to individual managers who were spread across the Wal-Mart chain. The second factor being “back pay”, the court believed back pay wasn’t suitable for class action under rule 23 b (2). Duke’s claim was under b (2) and the court states that the woman’s demand for back pay could only belong in a b (3) claim. It was rules as a misclassification.