Employment Discrimination Class Actions: Why Plaintiffs Must Cover All Their Bases After The Supreme Court's Interpretation of Federal Rule of Civil Procedure 23(a)(2) in Wal-Mart v. Dukes

Abstract

Analyzes the Supreme Court's decision in Wal-Mart v. Dukes affirmed the trend already witnessed in several federal circuit courts of appeal as well as Texas state courts of applying a more rigorous analysis to the class certification procedural requirements. Argues the Court should rely upon the text of Rule 23(a)(2)-which requires only a single common question of law or fact-and explicitly eliminate any notion of implied predominance from the commonality analysis.