The dust is still settling after the U.S. Supreme Court handed down its decision in the Dukes v. Wal-Mart case. In its decision, the Court held that 1.5 million women could not be certified as a class against the retailer. Federal Civil Procedure Rule 23(a) requires that any party seeking class action certification must demonstrate [...]
Archive for the ‘Employment Law’ category
Epilogue: Dukes v. Wal-Mart
August 17, 2011Supreme Court Issues Wal-Mart vs. Dukes Ruling
June 20, 2011Today, the Supreme Court issued its much anticipated Wal-Mart v. Dukes ruling. In a few days, I’ll post a more in depth analysis of the decision, particularly as it applies to the Court’s dismissal of the plaintiffs’ central sociological theory, which alleged that Wal-Mart’s corporate culture promoted employment discrimination. The Court ultimately held that this [...]
Betty Dukes v. Wal-Mart – Part II
December 22, 2010In the prior post, I mentioned the case of Dukes vs. Wal-Mart, where the trial and appellate courts certified more than a million women in a class-action lawsuit alleging employment discrimination at Wal-Mart stores across the United States. If you are the defendant corporation, you now face the scenario in which millions of individuals allege [...]
Betty Dukes v. Wal-Mart – Part I
December 15, 2010Can 1.5 million women stand together in a class-action suit to sue Wal-Mart for employment discrimination? That’s the narrow legal issue that the U.S. Supreme Court recently agreed to decide by reviewing the Ninth Circuit appellate case Betty Dukes v. Wal-Mart. This specific issue gets to the heart of what is known as a class-action [...]
