In Wal-Mart Stores Inc. v. Dukes, No. 10-277, the U.S. Supreme Court will address the standards for class certification in employment discrimination lawsuits. The ruling will likely impact the adjudication of class certification motions in other areas of law as well. It should be of particular interest to ERISA litigators.
Employment discrimination and ERISA lawsuits present similar class certification issues. In both contexts there are common issues that make class certification seem appealing at first glance: in employment cases, whether there is a pattern or practice of discrimination; and in ERISA cases, whether the plan fiduciaries acted imprudently. Yet there are also individual issues of liability and relief in each context that call into question the appropriateness of class treatment. Not surprisingly, therefore, in both the employment and ERISA contexts, courts have divided on the standards for adjudicating class certification motions.
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