UPDATE: SUPREME COURT ISSUES RULING IN WAL-MART V. DUKES

On Monday, the United States Supreme Court issued its much anticipated decision in Wal-Mart v. Dukes.  As expected, the decision was a victory for the retail giant.  The Court denied the plaintiffs the right to proceed as a class on the grounds that the class failed to meet the commonality requirement, since the action was based on literally thousands of individual employment decisions made over a number of years at various locations throughout the country, rather than upon a single, unifying policy.  As such, the decision is likely to have somewhat of a chilling effect on class action discrimination litigation—no doubt a victory for employers.