If you’ve thought about filing a business lawsuit in federal court or you have one underway already, you’ll probably want to read about two still-in-process studies by Columbia University and Harvard University law school professors on how the U.S. Supreme Court under Chief Justice John Roberts (2005-present) has treated business lawsuits, and how that treatment
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
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.
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