This Article explores the ramifications of Wal-Mart approximately five years after the case was decided. While five years hardly provides definitive data on how the case will be interpreted, it is possible to identify trends in the cases that have been decided to date—trends that are likely to provide insight into the future of class action claims. That future suggests that there will be fewer, and perhaps no, nationwide class actions in cases that do not involve a clear challenged practice (any such cases are likely to be disparate impact cases) and that the prospect for class certification will turn on the strength of the claim presented and the jurisdiction where certification is sought. All three of these conditions— no nationwide class actions, the importance of the merits, and the jurisdiction—were present prior to the Supreme Court decision and represent only a modest change in direction. Equally important, class claims based on subjective employment practices remain viable despite the evident hostility to those claims reflected in Wal-Mart.
Selmi, Michael and Tsakos, Sylvia
"Employment Discrimination Class Actions After Wal-Mart v. Dukes,"
Akron Law Review: Vol. 48
, Article 4.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol48/iss4/4