Wal-Mart v. Dukes Research Paper Example | Topics and Well Written Essays - 750 words

Wal- marketplace v. Dukes - Research Paper ExampleThe case passed through the regularise court, ninth Circuit, ninth Circuit en banc and finally to the US lordly Court in which the Supreme Court reversed the decision of the ninth Circuit en banc on numerous grounds which attracts bowelless support on my part. 1. Arguments in favor of the Supreme Court decision There are numerous actors for the correctness of the decision of the Supreme Court, which whitethorn be found on the judgment itself as passed by the Supreme Court, and summed up as follows I) There must be a common mode of example discretion which should be present throughout the comp either and the respondents in this case were unable to show it. It was unimagined to conclude by the justices that all the managers would exercise discretion in a common way without any common direction. (Wal Mart 15-16). II) The statistical show up which was provided by the respondents was insufficient to prove their theory on a class wid e basis even if it is interpreted that they were correct prima facie (Wal Mart 16). III) As per traffic pattern 23(a) (2), it was to find out whether even a single common question existed between the class in order to determine commonality for a class activity and found by the court that as the respondents could not provide any convincing evidence to show that a companywide discriminatory and promotion indemnity existed, the existence of any common question is not established (Wal Mart 19). IV) The respondents also provided anecdotal evidence in support. Respondents submitted about 120 affidavits, which is equivalent to 1 for every 12,500 members in this case. Half of the reports are voiceless only on six states and half of all the States have only one or dickens cases of sexual discrimination. 14 States have no anecdotes. Even if all the accounts are taken to be aline it does not show that the whole company operates under a common policy of discrimination (Wal Mart 18). V) If the plea for monetary relief of the respondent under Rule 23 (b)(2) Civil Procedure is taken into consideration ,it was not correct as Federal Rule of Civil Procedure 23(b)(2) is for injunctive or asserting(prenominal) relief and not for monetary relief (Wal Mart 20). VI) Commonality requires more than an alleged common irreverence of the same law (Hyman). The mere claim that they have suffered a Title VII injury wint be enough to give rise to class action they must have rough common contention in addition (Wal Mart 9). As such the respondents action under Rule 23 was not proper. 2) Impact of the decision on future cases Despite the level-headed accuracy and justification of the Supreme Court decision the decision may have some self-aggrandising impact so far future cases on the same issue are concerned. The impact may be summed up as follows I) The courts decision of reversing the case can harm the enforcement of urbane rights and employment discrimination laws. The Supreme Courts decision of decertifying the Dukes class action may contact it hard for other plaintiffs to bring class actions depending on the courts reasoning (Wal Mart v. Dukes 10). II) The point is that in the instant case the Supreme did not rule on merits of the plaintiffs claims and this may be the reason that Wal Mart may face thousands of individual or multiple-plaintiff lawsuits alleging that a particular manager had discriminated against women (Murray 2). III) It will be difficult for the plaintiffs to obtain class certification in all cases. After the decision on this case, it