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October 2011
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THE U.S. SUPREME COURT REJECTS CERTIFICATION OF CLASS WHERE PLAINTIFFS CANNOT SATISFY "COMMONALITY" REQUIREMENT
THE UNITED STATES SUPREME COURT HOLDS THAT LOSS CAUSATION NEED NOT BE PROVEN TO OBTAIN CLASS CERTIFICATION

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THE U.S. SUPREME COURT REJECTS CERTIFICATION OF CLASS WHERE PLAINTIFFS CANNOT SATISFY "COMMONALITY" REQUIREMENT

By Aaron Stone

On June 20, 2011, the United States Supreme Court issued its much-anticipated opinion in Wal-Mart Stores, Inc. v. Dukes, et al., reversing a federal district court's 2004 order certifying a nationwide class of female employees of Wal-Mart stores. The plaintiffs were three women currently or formerly employed by Wal-Mart who alleged sex discrimination in Wal-Mart's pay and promotion practices.

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THE UNITED STATES SUPREME COURT HOLDS THAT LOSS CAUSATION NEED NOT BE PROVEN TO OBTAIN CLASS CERTIFICATION

By Jim Hynes

On June 6, 2011, the United States Supreme Court issued its decision in Erica P. John Fund, Inc., fka Archdiocese of Milwaukee Supporting Fund, Inc. v. Halliburton Co., et al., unanimously holding that a plaintiff in a purported securities class action brought under §10(b) of the Securities Exchange Act of 1934 does not need to prove loss causation in order to obtain class certification.





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