In a recent op-ed for The National Law Journal, Professor Robin Effron discussed the implications of Wal-Mart Stores Inc. v. Dukes, a class action suit involving 1.5 million female Wal-Mart employees who claimed salary discrimination. The Supreme Court ultimately ruled in favor of the defendant, explaining that the class action complaint did not meet commonality requirements. Professor Effron disagrees with the decision, saying "This reading of "common question" is problematic, and not simply because it is at odds with the text of the rules. It ignores the possibility that investigation and resolution of common issues in a single proceeding can be beneficial to the parties and the judicial system, even if individual issues remain or even predominate."
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