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Total Articles: 5

High Court Rules Against Certification Of Class

The U.S. Supreme Court recently ruled that a case brought on behalf of some 1.5 million female current and former employees of Wal-Mart should not have been certified as a class action. According to the Court, the plaintiffs were required to show that their claims depended on a common contention of such a nature that it was capable of classwide resolution - in this case, evidence that Wal-Mart "operated under a general policy of discrimination." But, the Court found that "[o]ther than the bare existence of delegated discretion, respondents have identified no `specific employment practice' - much less one that ties all their 1.5 million claims together."

Supreme Court Limits Discrimination Class Actions in Wal-Mart Ruling

In a major victory for employers, on June 20 the U.S. Supreme Court held that a sex discrimination lawsuit brought on behalf of up to 1.5 million current and former female Wal-Mart employees could not be maintained as a class action. Wal-Mart Stores, Inc. v. Dukes. This ruling will make it much more difficult for plaintiffs’ attorneys to maintain class action lawsuits alleging that a class of employees has been subjected to a “common policy” or practice of discrimination.

High Court Rules Against Certification of Class of 1.5 Million Workers

On June 20, 2011, the U.S. Supreme Court ruled that a case brought on behalf of some 1.5 million female current and former employees of Wal-Mart should not have been certified as a class action. According to the Court, the plaintiffs were required to show that their claims depended on a common contention of such a nature that it was capable of classwide resolution – in this case, evidence that Wal-Mart "operated under a general policy of discrimination." But, the Court found that "[o]ther than the bare existence of delegated discretion, respondents have identified no 'specific employment practice' – much less one that ties all their 1.5 million claims together."

Wal-Mart Stores, Inc. v. Duke -- A Sigh of Relief

Analysis will come later as all I have done is read the highlight and the line up of judges. Judge Scalia's majority opinion was joined in some parts by all justices, while Justices Ginzberg, Breyer, Sotomayor and Kagan dissented from some.

Court Certifies 1.5 Million Member Class in Sex Bias Case (pdf).

Finds Common Issues of Fact and Law Support Class Action.