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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...

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...

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...

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...

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...

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...

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. ...

High Court: Class Certification in Antitrust Case Was Improper

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court today 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 show that the case is...

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...

Comcast v. Behrend Sets a Higher Bar for Class Certification

by Jennifer Driscoll-Chippendale On March 27, 2013, the U.S. Supreme Court continued its recent trend of imposing more stringent standards for class certification in Comcast Corporation v. Behrend , 569 U.S. ___ (2013) [lexis.com subscribers may access the opinion] . At issue was whether the proponents...