Blog Archives

Supreme Court Rejects Class Certification in Employment Discrimation Case Against Wal-Mart

The U.S. Supreme Court this week reversed class certification in the Wal-Mart Stores, Inc. v. Dukes case by a 5-4 split decision. The justices unanimously held that Rule 23(b)(2) cannot be used to certify a class seeking an award of

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Ninth Circuit: Third Parties Joined to Class Actions as Additional Counterclaim Defendants May Not Seek CAFA Removal

This week, the Ninth Circuit held that third parties joined to a class action as additional counterclaim defendants are not “true defendants” within the definition of 28 U.S.C. §§ 1446 or  1453(b) and may not remove the class action to

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Removal Burdens Under CAFA Where the Complaint Fails to Allege a Specific Amount of Monetary Damages

Class action plaintiffs may seek to thwart removal by filing a complaint that is silent or ambiguous about the dollar amount of damages sought. In such cases, the face of the complaint does not show that the amount in controversy

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Supreme Court to Review Class Certification in Gender Discrimination Suit Against Wal-Mart

This week, the U.S. Supreme Court granted Wal-Mart’s petition for certiorari challenging the certification of a class of 1.5 million female employees in a gender discrimination lawsuit. The Ninth Circuit affirmed the class certification in April. The writ of certiorari

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Ninth Circuit Affirmed WalMart Female Employee Class Certification

Ninth Circuit Certifies Class of 1.5 Million Female Employees to Pursue Title VII Discrimination Lawsuit Against Wal-Mart – Wal-Mart Responds with Cert. Petition. Wal-Mart, reportedly the world’s largest, private employer, has a written policy barring discrimination based upon gender, but

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