What does the death of U.S. Supreme Court Justice Antonin Scalia mean for the future of class action litigation? The justice penned three majority opinions that shaped the class action landscape, but now the court must grapple with key issues that linger.
In 2011 Scalia authored the majority opinion in AT&T v. Concepcion, which held that arbitration agreements that require consumers to waive their class action rights are valid. A few months later, Scalia wrote for the majority in Wal-Mart v. Dukes, decertifying a nationwide employment class action alleging gender bias across the country. There Scalia found that the workers’ individual claims overwhelmed common, classwide issues. In Comcast v. Behrendin 2013, Scalia instructed lower courts to consider whether plaintiffs have a viable model to show classwide damages before certifying a class action.
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