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December 2010

Supreme Court Grants Cert in Wal-Mart Class Action

The Supreme Court has granted certiorari in the landmark wage and hour class action case Wal-Mart Stores, Inc. v. Dukes, case no 10-277. The review is limited to two issues:

Petition GRANTED limited to Question I presented by the petition. In addition to Question I, the parties are directed to brief and argue the following question: "Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a)."

Question I was "Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) - which by its terms is limited to injunctive or corresponding declaratory relief - and, if so, under what circumstances.

If you'd like to review the petition-related documents, you can check them out at the links below:

Opinion below (9th Circuit)

Petition for certiorari

Brief in opposition

Amicus brief of Intel

Amicus brief of the U.S. Chamber of Commerce

Amicus brief of the Defense Bar

Amicus brief of Retail Litigation Center, Inc.

Amicus brief of Altria Group et al.

Amicus brief of the Equal Employment Advisory Council

Amicus brief of Pacific Legal Foundation

Amicus brief of Washington Legal Foundation

Amicus brief of California Employment Law Council

Petitioner's reply