Blawgletter thinks we can all agree that the U.S. Supreme Court has done few favors in the last decade or two for what the folks at the American Law Institute call "aggregate litigation" — mainly class actions. What with Dukes (no class for women who work at Wal-Mart) and Concepcion (no class for AT&T wireless
Sex Bias Class Fails in Supreme Court; “Central” Question Flunks “Common to the Class” Test
By Barry Barnett on
The Supreme Court today struck down a class action for 1.5 million women who claimed that Walmart Stores based employment decisions on gender. Wal-Mart Stores, Inc. v. Dukes, No. 10-277 (U.S. June 20, 2011).
The Court ruled 5-4 that no "common" questions existed under Rule 23(a)(2) because the plaintiffs didn't offer proof of a discriminatory company-wide policy.
Class Certification in Antitrust Cases: A Brave New World
By Barry Barnett on
Blawgletter wrote a paper class cert in antitrust cases for a Practising Law Institute program that went webinar last month. Read it here if you dare:
Where to file. From a plaintiff's perspective do you have favorite courts to file antitrust class actions. What are the undesirable courts from a defense perspective. Are there…
Supremes May Kill Class Action Species in Walmart Appeal
By Barry Barnett on
The U.S. Supreme Court today granted review of a Ninth Circuit ruling that allowed a class of California women to pursue sex discrimination claims against Walmart. Order List, Dec. 6, 2010, at 2.
The Ninth Circuit held en banc that the case could move ahead as a class action under Rule 23(b)(2) on the women's claims…