Supreme Court Grants Cert in Wal-Mart Class Action
December 06, 2010
The Supreme Court has granted certiorari in the landmark wage and hour class action case Wal-Mart Stores, Inc. v. Dukes, case no 10-277. The review is limited to two issues:
Petition GRANTED limited to Question I presented by the petition. In addition to Question I, the parties are directed to brief and argue the following question: "Whether the class certification ordered under Rule 23(b)(2) was consistent with Rule 23(a)."
Question I was "Whether claims for monetary relief can be certified under Federal Rule of Civil Procedure 23(b)(2) - which by its terms is limited to injunctive or corresponding declaratory relief - and, if so, under what circumstances.
If you'd like to review the petition-related documents, you can check them out at the links below:
Amicus brief of the U.S. Chamber of Commerce
Amicus brief of the Defense Bar
Amicus brief of Retail Litigation Center, Inc.
Amicus brief of Altria Group et al.
Amicus brief of the Equal Employment Advisory Council
Amicus brief of Pacific Legal Foundation
Amicus brief of Washington Legal Foundation
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It's 2011 and the Supreme Court has yet to decide whether or not the class action lawsuit against Wal-Mart may proceed. It's been almost 10 years after Betty Dukes’ gender discrimination lawsuit against Wal-mart in Pittsburg, California, wherein the judge allowed 6 former employees to represent around 1.6 million female employees and the Court of Appeals has allowed the combined claims to proceed to trial. Hope the Supreme Court decides soon.
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