On June 20, in a headline-making decision, the United States Supreme Court reversed class certification in Dukes v. Wal-Mart, which had threatened to become the largest-ever employment class action against a private employer. Dukes proposed to certify a nationwide class of approximately 1.5 million current and former Wal-Mart employees, a breathtaking gambit by plaintiffs’ counsel to make new law under Rule 23 of the Federal Rules of Civil Procedure. If the plaintiffs’ lawyers had succeeded, employers today would face a significant liability threat from class actions of any size or shape, regardless of evidence of the employer’s centralization or legal violations. With the Dukes decision, however, the Supreme Court brought Rule 23’s interpretation back down to earth and provided instructive guidance for employers seeking to avoid and successfully defend against class actions.

For the full analysis, click here.

Should you have any questions, please contact Harry Johnson, Stewart Manela, Michael Stevens, Carla Feldman, a member of Arent Fox’s Labor & Employment Group, or the Arent Fox attorney who handles your matters. Thank you.