The Eighth Circuit reversed a decision by a federal judge in the Northern District of Iowa to award attorney fees and costs to the defendant-employer in EEOC v. CRST Van Expedited, Inc. following a series of rulings which effectively dismissed sexual harassment claims brought by the EEOC on behalf of 270 women.

Wal-Mart Stores v. Dukes, “one of the most expansive class actions ever,” is important to examine because it represents a comprehensive analysis of the “commonality” and “predominance” standards in Rule 23 and because arbitration rules incorporate both the “commonality” and “predominance” standards found in Rule 23.