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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...

The 7 Key Points for Employers from the Supreme Court’s Wal-Mart v. Dukes Opinion

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...

Supreme Court Reverses Certification Of Wal-Mart Gender Class

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...

Supreme Court, in Wal-Mart Employment Discrimination Case, Changes the Landscape of Class Action Litigation

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...

Wal-Mart v. Dukes Does Not Equal Barefoot and Pregnant

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...

Foley & Lardner Alert: Supreme Court Raises Bar for Class Action Plaintiffs in Wal-Mart v. Dukes

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 class certification. The case was brought by three female Wal-Mart employees (current...

Employment Law – Class Action Update

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...

Apparently It’s a Short Trip from Wal-Mart to Breast Feeding

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 discrimination...

Williams Mullen Alert-Class Dismissed: Supreme Court Rejects Title VII Class Certification in Wal-Mart v. Dukes and Provides Guidance on Important Class Action Issues

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...

Decertification and the Effect of Wal-Mart v. Dukes

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...

Wal-Mart Stores, Inc. v. Dukes, 2011 U.S. LEXIS 4567 (June 20, 2011)

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...

Wal-Mart Stores, Inc. v. Dukes: Whither Class Actions?

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...

90,000 Women Claim Wal-Mart Discriminated Against Them

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 common injury. If, at first, you don't succeed, file this Complaint in California on behalf of a class of only...

Healthcare, what? Eyeball 3 other pending employment law bills

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...

Has Florida Supreme Court Rejected Wal-Mart v. Dukes Class Certification Analysis?

by E. Colin Thompson and J. Trumon Phillips 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...

9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action

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. ...