The Supreme Court decided to go against plaintiffs in Walmart v. Dukes due to failing to meet rule 23s commonality Scalia stated that the claims made by the women did not outline a common issue or solution because of the multiple stores claims being unparalleled, therefore no common ground was reached to make their case. They also made a mistake by filing rule 23 (b) (2) instead of 23 (b) (3).

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