CASE STUDY 7.2 WAL MARTS WOMEN EXAM
SCRIPT 2026 COMPLETE QUESTIONS AND
SOLUTIONS
◉ What did the respondents seek in their lawsuit against Wal-Mart?
Answer: Injunctive and declaratory relief, punitive damages, and
backpay on behalf of a nationwide class of female employees.
◉ How many female employees were represented in the class action
against Wal-Mart? Answer: Approximately 1.5 million.
◉ What did the District Court find regarding the class certification?
Answer: The respondents satisfied Federal Rule of Civil Procedure
23(a) and Rule 23(b)(2) requirements.
◉ What was the Ninth Circuit's conclusion regarding commonality
in the case? Answer: Respondents met Rule 23(a)(2)'s commonality
requirement.
◉ What is Rule 23(a)(2) concerned with? Answer: It requires that
the class has common questions of law or fact.
,◉ What did the Supreme Court hold regarding the certification of
the plaintiff class? Answer: It was not consistent with Rule 23(a) due
to lack of commonality.
◉ What is required for a class to have commonality under Rule
23(a)(2)? Answer: Proof of common questions that can be resolved
classwide.
◉ What did the Supreme Court say about Wal-Mart's corporate
policy? Answer: Wal-Mart's policy forbids sex discrimination, but
evidence of a general discrimination policy was insufficient.
◉ What did the respondents use as evidence of discrimination in
Wal-Mart? Answer: A sociologist's analysis claiming Wal-Mart's
corporate culture made it vulnerable to gender bias.
◉ What did the Supreme Court decide about backpay claims under
Rule 23(b)(2)? Answer: Backpay claims were improperly certified
under Rule 23(b)(2) as they are not incidental to injunctive relief.
◉ What does Rule 23(b)(2) apply to? Answer: It applies only when a
single, indivisible remedy would provide relief to each class member.
,◉ What is the significance of individualized monetary claims in class
actions? Answer: They belong in Rule 23(b)(3) which provides
procedural protections for such claims.
◉ What did the Supreme Court say about the Ninth Circuit's
handling of backpay claims? Answer: The Ninth Circuit erred in
trying to replace necessary individual proceedings with Trial by
Formula.
◉ What is the role of a district court in determining individual
relief? Answer: It must conduct additional proceedings to determine
the scope of individual relief after establishing a pattern of
discrimination.
◉ What was the outcome of the Supreme Court's decision? Answer:
The Ninth Circuit's decision was reversed.
◉ Who delivered the opinion of the Court in this case? Answer:
Justice Antonin Scalia.
◉ What was the date of the Supreme Court's decision in Wal-Mart
Stores, Inc. v. Dukes? Answer: June 20, 2011.
◉ What is the citation for the Wal-Mart Stores, Inc. v. Dukes case?
Answer: 564 U.S. 338 (2011).
, ◉ What does the term 'disparate impact' refer to in employment
law? Answer: A policy that disproportionately affects a protected
group, even if not intentionally discriminatory.
◉ What is meant by 'disparate treatment' in the context of
discrimination? Answer: Intentional discrimination against an
individual based on their protected characteristics.
◉ What is the significance of the term 'commonality' in class action
lawsuits? Answer: It refers to the requirement that class members
share common legal or factual issues.
◉ What does 'Trial by Formula' refer to in the context of class
actions? Answer: A method where a court attempts to determine
class-wide relief based on a sample of claims.
◉ What procedural protections are associated with Rule 23(b)(3)?
Answer: Predominance, superiority, mandatory notice, and the right
to opt out.
◉ What did the Supreme Court conclude about the evidence
provided by the respondents? Answer: It fell short of providing
significant proof of a general policy of discrimination by Wal-Mart.
SCRIPT 2026 COMPLETE QUESTIONS AND
SOLUTIONS
◉ What did the respondents seek in their lawsuit against Wal-Mart?
Answer: Injunctive and declaratory relief, punitive damages, and
backpay on behalf of a nationwide class of female employees.
◉ How many female employees were represented in the class action
against Wal-Mart? Answer: Approximately 1.5 million.
◉ What did the District Court find regarding the class certification?
Answer: The respondents satisfied Federal Rule of Civil Procedure
23(a) and Rule 23(b)(2) requirements.
◉ What was the Ninth Circuit's conclusion regarding commonality
in the case? Answer: Respondents met Rule 23(a)(2)'s commonality
requirement.
◉ What is Rule 23(a)(2) concerned with? Answer: It requires that
the class has common questions of law or fact.
,◉ What did the Supreme Court hold regarding the certification of
the plaintiff class? Answer: It was not consistent with Rule 23(a) due
to lack of commonality.
◉ What is required for a class to have commonality under Rule
23(a)(2)? Answer: Proof of common questions that can be resolved
classwide.
◉ What did the Supreme Court say about Wal-Mart's corporate
policy? Answer: Wal-Mart's policy forbids sex discrimination, but
evidence of a general discrimination policy was insufficient.
◉ What did the respondents use as evidence of discrimination in
Wal-Mart? Answer: A sociologist's analysis claiming Wal-Mart's
corporate culture made it vulnerable to gender bias.
◉ What did the Supreme Court decide about backpay claims under
Rule 23(b)(2)? Answer: Backpay claims were improperly certified
under Rule 23(b)(2) as they are not incidental to injunctive relief.
◉ What does Rule 23(b)(2) apply to? Answer: It applies only when a
single, indivisible remedy would provide relief to each class member.
,◉ What is the significance of individualized monetary claims in class
actions? Answer: They belong in Rule 23(b)(3) which provides
procedural protections for such claims.
◉ What did the Supreme Court say about the Ninth Circuit's
handling of backpay claims? Answer: The Ninth Circuit erred in
trying to replace necessary individual proceedings with Trial by
Formula.
◉ What is the role of a district court in determining individual
relief? Answer: It must conduct additional proceedings to determine
the scope of individual relief after establishing a pattern of
discrimination.
◉ What was the outcome of the Supreme Court's decision? Answer:
The Ninth Circuit's decision was reversed.
◉ Who delivered the opinion of the Court in this case? Answer:
Justice Antonin Scalia.
◉ What was the date of the Supreme Court's decision in Wal-Mart
Stores, Inc. v. Dukes? Answer: June 20, 2011.
◉ What is the citation for the Wal-Mart Stores, Inc. v. Dukes case?
Answer: 564 U.S. 338 (2011).
, ◉ What does the term 'disparate impact' refer to in employment
law? Answer: A policy that disproportionately affects a protected
group, even if not intentionally discriminatory.
◉ What is meant by 'disparate treatment' in the context of
discrimination? Answer: Intentional discrimination against an
individual based on their protected characteristics.
◉ What is the significance of the term 'commonality' in class action
lawsuits? Answer: It refers to the requirement that class members
share common legal or factual issues.
◉ What does 'Trial by Formula' refer to in the context of class
actions? Answer: A method where a court attempts to determine
class-wide relief based on a sample of claims.
◉ What procedural protections are associated with Rule 23(b)(3)?
Answer: Predominance, superiority, mandatory notice, and the right
to opt out.
◉ What did the Supreme Court conclude about the evidence
provided by the respondents? Answer: It fell short of providing
significant proof of a general policy of discrimination by Wal-Mart.
