The Society for Human Resource Management recently published our article, “Wal-Mart Stores, Inc. v. Dukes: Has It Lived Up to the Hype?” regarding the impact of the Supreme Court’s decision in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541. The article is available here.
While there has been a lot of buzz and questions regarding implications of the Wal-Mart decision, our article explains how the Supreme Court’s ruling has indeed lived up to its reputation. Analyzing the impact of the Wal-Mart decision on workplace class action lawsuits, plaintiffs’ counsel workarounds, and settlements, we break down the key issues and predict how they may impact class actions in the future. We also discuss trends stemming from the decision, such as fewer meg -class actions, smaller settlements, and the broad application of Wal-Mart. Our conclusion is the Wal-Mart Stores, Inc. v. Dukes is proving to be one of the seminal modern class action decisions for employers.