In the case of Wal-Mart v. Dukes, the Supreme Court did not issue a decisive ruling on the case. Instead, the Court held that the lawsuit could not proceed as a class-action lawsuit due to a lack of commonality. The Court determined that the plaintiffs did not sufficiently demonstrate a common question of law or fact that could be resolved through a single class action. The key commonality the Supreme Court missed was that around 1.5 million women who worked at Walmart were all saying they faced unfair treatment because of their gender.

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