Since the Supreme Court decided Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), last year, the lower courts have been sorting out its implications. The case, stated broadly, stands for the proposition that Rule 23(a)(2)’s commonality requirement forecloses class certification in a multi-site or mult-store case, unless the defendant uses a policy common to the sites that is said to violate applicable substantive law.