by Arthur Silbergeld and Jessica Boar of Bingham McCutchen
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...
[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...
Yesterday, the Supreme Court unanimously reversed the
certification of the class action in Wal-Mart Stores, Inc. v. Dukes ( discussed here ) . Recall that Dukes
sought the certification of a nationwide class of 1.5 million female Wal-Mart
employees allegedly denied pay and promotions because of a...
WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on
June 20 reversed certification of a class of more than 1 million current and
former female employees of the nation's largest retailer after finding that
certification was not consistent with Federal Rule of Civil Procedure 23(a) ( Wal...
On June 20, 2011, the U.S. Supreme Court issued its
decision in Wal-Mart Stores v. Dukes ( an enhanced version of the opinion is available to lexis.com
subscribers. ), which overturned certification of a class of 1.5 million
current and former female Wal-Mart employees alleging gender discrimination...
I thought that I had my final say on Wal-Mart v. Dukes yesterday . Then, I read more of
the commentary on the decision. For example, this clip from MSNBC argued that
the Wal-Mart case marks the end of women's equality in the workplace:
Or consider this quote, courtesy of Joanne Bamberger at...
On June 20, 2011, the United States Supreme Court sided
with Wal-Mart in a long-awaited decision regarding standards that apply to
class action cases. The new opinion makes it harder for plaintiffs to obtain
The case was brought by three female Wal-Mart employees
I talked last week with Steve
Berstler , the producer and anchor of LexisNexis® Legal News audio podcasts,
regarding the Supreme Court's decision in Wal-Mart v. Dukes . The
highlights of our conversation are featured in the Legal News Podcast for June 21, 2011 .
As discussed in the podcast...
Last Friday, Labor Secretary Hilda Solis released the
following statement about the Dukes v. Wal-Mart decision on the DOL's Work in
Progress blog :
The Court's decision in the Walmart lawsuit made no
ruling on whether America's largest employer engaged in unlawful pay
By: A. Peter Brodell, Turner A. Broughton
& Joseph R. Pope
On June 20, 2011, the United States Supreme Court issued
its much anticipated Wal-Mart v. Dukes, 2011 U.S. LEXIS 4567 [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE...
And so it begins. Wal-Mart v. Dukes [ an enhanced version of this opinion is available to lexis.com
subscribers / unenhanced version available from lexisONE Free Case Law ] has already
changed the course of class actions in 2011. In Cruz v. Dollar Tree Stores,
Inc. , the Northern District of California...
LexisNexis Overview: Employees'
Title VII sex discrimination class action claims against a nationwide employer
could not be certified under Fed. R. Civ. P. 23(a)(2) due to lack of
commonality; the employees did not offer adequate proof that the employer
operated under a general policy of discrimination...
In Wal-Mart Stores, Inc. v.
Dukes, the Supreme Court ruled that a class in a massive gender discrimination
case had been improperly certified under Federal Rule of Civil Procedure
23(b)(2), both because common questions were lacking under Rule 23(a)(2), and
because the class had sought individualized...
Back in June, the United States Supreme Court ruled that a class of 1.5 million women could not pursue gender
discrimination claims together against Wal-Mart because they lacked a
If, at first, you don't succeed, file this Complaint
in California on behalf of a class of only...
I heard that there was some Supreme Court decision last week about healthcare. Want the scoop? Google it.
They zig, I'll zag with the scoop on some other pending employment-law legislation of which employers should take note.
Courtesy of the Washington DC Employment Law Update , pay attention...
by E. Colin Thompson and J. Trumon
The Florida Supreme Court has issued a decision that
plaintiffs' lawyers will surely argue makes certification of class actions
easier in Florida state courts than in federal and other state courts.
In its per curiam decision entered in Soper v...
On March 4, 2013 the Ninth Circuit issued a second
opinion in the action, Wang
v. Chinese Daily News ( Wang II ) , in which it reversed the class
certification it had previously affirmed and remanded the matter for further
consideration of Rule 23(a) commonality and Rule 23(b)(3) predominance.