1. 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 the Wal-Mart v. Dukes case, the Supreme Court ruled that a group of women could not be certified as a valid class of plaintiffs to sue against a class-action lawsuit against Walmart. The Court’s ruling justified its decision by making commonality a challenge for the plaintiff to win the case. In this case, the plaintiff (Dukes) failed to meet Rule 23’s commonality requirement which includes the class must be so numerous that joinder of all members is impracticable, there must be questions of law or fact common to the class, typicality, and adequacy of representation. The commonality is related to a “class-action lawsuit” because for a class action to proceed, litigants must first meet Rule 23’s requirements.

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