Duking It Out in Antitrust Price-Fixing: Class Actions After Dukes

In Wal-Mart Stores, Inc. v. Dukes, the United States Supreme Court rejected class certification in a gargantuan gender discrimination case against Wal-Mart. The primary issue, as the Supreme Court framed it, was whether the showing by the plaintiffs-present and former female employees-met Rule 23(a)(2)’s “commonality” requirement. More specifically, could the litigation be said to present “questions of law or fact common to the clas