Oral Argument in Wal-Mart v. Dukes: Class Certification Appears Unlikely as Justice Kennedy Raises Internal Inconsistencies in Plaintiffs’ Argument

by Arthur Silbergeld and Jessica Boar of Bingham McCutchen LLP Counsel for Plaintiffs' time before the Supreme Court during oral argument on Tuesday morning probably felt more like years than an hour. The Court pounded Plaintiffs' counsel with questions regarding the suitability of the...

Supreme Court: No 1st Amendment Protection For Government Employee’s ‘Petition’

[UPDATED: 6/21 9:03 p.m.: Case number corrected] WASHINGTON, D.C. - (Mealey's) A government employer's actions alleged to be retaliatory are not limited by the First Amendment's petition clause unless the employee's petition is related to a matter of public concern, the U.S. Supreme...