Mandatory Class Action – a class action in which the court does not allow class members to opt out

mandatory class action:

(1959) A class action in which the court does not allow class members to opt out.  *  Class actions under Fed. R. Civ. P. 23 (b)(l) and (b)(2) are sometimes certiiied as mandatory class actions, whereas class actions under subsection (b)(3) are not.” [1]

Wal-Mart Stores, Inc. v. Dukes, 131 S.Ct. 2541, 2558 (2011):

      A small group of women who alleged discrimination on the basis of gender filed a suit against Wal-Mart Stores, Inc. (D).  The action was sought to be changed to a class action, with the certified class represented by the original small group of women who sued the company. This class was the largest ever class.

(1) The Federal Rules 23(a)(2) lays down a “commonality” criterion for class certification, under which more than one million women with a common employer will have to prove they were all subject to the same discriminatory employment policy, to be certified as a class.
(2) The Federal Rules of Civil Procedure 23 (b)(2) cannot be used to certify a claim for monetary relief unless this is incidental to the declaratory or injunctive relief sought.


[1]:  Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: CaseBriefs, “Wal-Mart Stores, Inc. v. Dukes”:


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