The Supreme Court held in American Electric Power that federal common law, via the Clean Air Act and EPA's rule-making process under that Act, displaces the public nuisance claims brought against major electrical utilities. By an equally divided court, the Court upheld the 2d Circuit's conclusion that the plaintiffs had standing to assert the public nuisance claims and that they did not present a political question. Justice Sotomayor recused herself.
In Wal-Mart v. Dukes the 9th Circuit is reversed. The claims were improperly certified as a class action. There was insufficient proof that Wal-Mart acted under a general policy of discrimination by sex in its employment practices. The claims for backpay are individual claims and are not entitled to class certification. Justice Scalia wrote for the Court, joined by Chief Justice Roberts and Justices Thomas, Kennedy, and Alito. Justices Ginsburg, Breyer, Sotomayor, and Kagan joined portions of the Court's opinion. Justice Ginsburg also wrote separately, joined by Breyer, Sotomayor, and Kagan in a concurring and dissenting opinion.
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