by Art Gutman Ph.D., Professor, Florida Institute of Technology
On June 20, 2011, the Supreme Court ruled against the Dukes Plaintiffs in Wal-Mart v. Dukes. The ruling was unanimous to the point that the plaintiffs wrongly used Rule 23(b)(2) for class certification. But there is more ........five justices favored ending the class certification argument and a minority of four would have returned the case to the lower court to determine if the class could be certified under Rule 23(b)(3). The arguments are complex, and I will have more to say about them later in the week.