THE NEOPHYTE LAWYER: YEAR ONE
YEAR ONE, DAY 34: WAL-MART STORES, INC. V. DUKES, ET AL.
I’ve been too busy to write a full blog entry for today. But I did want to at least make mention of the big legal news of the day: the U.S. Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, et al. In a big win for Wal-Mart, the Court reversed the appellate court’s class certification.
Basically, for the civilians out there, in a class action suit, there has to be some “glue” that holds the members of the class together. The Supreme Court said that in this case, there was not enough glue. The proposed class of plaintiffs was simply too big.
As some folks have pointed out, this does not mean that Wal-Mart was not guilty of gender-based discrimination; the decision focused on the class certification question. But it does seem as if it will be increasingly difficult to file large class action suits in the future. This may make it harder to force large employers such as Wal-Mart to address systemic patterns of discrimination.
I’ll probably come back to address this issue in a later post. I need to think about what the ruling says and what impact it will have. But in the meantime, here are some links to what other folks have said (so far):
WAL-MART STORES, INC. v. DUKES ET AL. – United States Supreme Court Decision
High Court Limits Wal-Mart Sex Bias Case – Salt Lake Tribune
The Catch-22 of Wal-Mart Discrimination – The PopTort
Supreme Court Throws Out Huge Discrimination Suit Against Wal-Mart – L.A. Times
Breaking: Supreme Court Rejects Class Action Against Wal-Mart – Connecticut Employment Law Blog
U.S. Supreme Court Rejects Gender Discrimination Class Action Against Wal-Mart – Labor & Employment Law Blog
BREAKING NEWS: SCOTUS Reverses Class Certification in Dukes v. Wal-Mart – Ohio Employer’s Law Blog
U.S. Supreme Court rules in Wal-Mart Stores Inc. v. Dukes – Work Matters Blog