United States Fourth Circuit

Dismissal of a class action sex discrimination and equal pay suit without leave to amend, is reversed in part and remanded, where: 1) the district court's denial of leave to amend the complaint was based on an erroneous interpretation of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), and the denial was thus an abuse of discretion; and 2) without resolving the class certification issue, the matter is remanded for the district court to consider whether, based on the proper interpretation of Wal-Mart, the proposed amended complaint satisfies the class certification requirements of Federal Rule of Civil Procedure 23.

Appellate Information

• Decided 10/16/2013
• Published 10/16/2013

Judges

• GREGORY

Court

• United States Fourth Circuit

Counsel