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7 Key Points From The Supreme Court's Wal-Mart v. Dukes Class Action Opinion

Jon Hyman Yesterday, the Supreme Court unanimously reversed the certification of the class action in Wal-Mart Stores, Inc. v. Dukes . 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 corporate...

High Court Decision In Wal-Mart Case A Blow To Class Actions

WASHINGTON, D.C. - (AP) Mounting a large-scale bias claim against a huge company will be more difficult in light of a Supreme Court decision that found no convincing proof of discrimination on which to allow a class action against retail giant Wal-Mart on behalf of as many as 1.6 million women. Full...

Wal-Mart v. Dukes Is No Death Blow To Women's Rights In The Workplace

Jon Hyman 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...

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 [ Wal-Mart Stores v. Dukes - an enhanced version of the opinion is available...

Duane Morris Alert: Supreme Court, In Wal-Mart Employment Discrimination Case, Changes 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...

Conservatives Limit Consumer, Rights Class Action Lawsuits

WASHINGTON, D.C. - (AP) The Supreme Court's conservative majority made it harder for people to band together to sue the nation's largest businesses in the two most far-reaching rulings of the term the justices are wrapping up on Monday. The two cases putting new limits on class-action lawsuits...

Will Supreme Court's Wal-Mart Ruling Affect Securities Class Action?

In the wake of the U.S. Supreme Court's landmark June 20, 2011 decision in Wal-Mart Stores v. Dukes , numerous commentators have asserted that the case could have a significant impact on future class actions. For example, one law firm's memo about the case stated that the decision "should...

Veteran Supreme Court Reporter Analyzes Roberts Court's Form Of 'Judicial Activism'

PHILADELPHIA - Does the U.S. Supreme Court under Chief Justice John G. Roberts Jr. engage in judicial activism? Yes, according to a reporter who has covered the high court for more than 50 years. But, he says, that's not a negative quality, or unusual. And he has a pretty narrow definition of "activism...

U.S. Supreme Court Cites Moore's And Modern Federal Jury Instructions

Two flagship publications in Matthew Bender's Federal Litigation product line, Moore's Federal Practice and Modern Federal Jury Instructions , were cited in recent U.S. Supreme Court decisions. In the landmark employment law case Wal-Mart Stores, Inc. v. Dukes (2011 U.S. LEXIS 4567, June 20...

If At First You Don't Succeed: Smaller Class Of Women Accuses Wal-Mart Of Gender Discrimination

By Eric Meyer 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...

Behrend v. Comcast: 3rd Circuit Affirms Class Certification In Antitrust Case

By Louis M. Solomon Our immediately prior posting addressed the issue of how a single case in a multiparty, multidistrict litigation raising industry-wide antitrust claims was plucked out and sent to arbitration. How a plaintiff manages around that result is a question not just of international litigation...

Abbey Spanier LLP: 7th Circuit Clarifies Class Action Certification And Commonality, Distinguishing Dukes

By Joshua Druckerman Imagine, for a moment, that a company told its employees that they could not record overtime hours, even if they were eligible for overtime compensation. Not exactly the nicest thing to do, right? Now imagine this company also forced its employees to work through unpaid breaks...

U.S. Supreme Court Rules Class Certification In Antitrust Case Improper

By Joan Grossman WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on March 27 ruled 5-4 that a district court may not certify a class action under Federal Rule of Civil Procedure 23(b)(3) without resolving whether the class has introduced admissible evidence, including expert testimony, to...