The Wal-mart Class Action Decision is a Gamechanger

[guido911]

As someone with tons of experience in class action litigation, today's decision will do significant damage to that trial lawyer "industry"--and that is exactly what it is. An industry.

http://news.yahoo.com/s/yblog_thelookout/20110620/us_yblog_thelookout/supreme-court-sides-with-wal-mart-says-female-employees-cant-sue-in-class-action

[nathanm]

Correct me if I'm wrong, but it does far more damage to the rule of law than it does to "trial lawyers." (whatever the hell that even means)

It seems to set the standard for proving discrimination impossibly high as a matter of law, rather than leaving it up to a jury as should be the case. On the bright side, if I want to discriminate against a protected class, now all I have to do is avoid putting that part in writing. (apparently; the article was pretty weak)

[guido911]

You're doing it again. Stick to what you know.

[nathanm]

You're doing it again. Stick to what you know.

If I got it wrong, you might try posting an article that explains the situation clearly, rather than the piece of smile you did post.

[Teatownclown]

Evidence was presented as to the attitudes of store managers, freely expressed to many employees. To refer to corporate policy is only an endorsement of Plausible Deniability. SCOTUS cuddles closer to the corporation. They really have gone too far with their agenda.

Clarence Thomas needs to be run out of office like the GOP did to Abe Fortis in the late 60's. He is a disgrace and embarrassment. Justice Thomas's tastes in legal briefs, by Matt Bors. http://freepress.org/cartoons.php?strFunc=display&strID=615&strYear=2011&strAuthor=5

[cannon_fodder]

Damn trial attorneys, always trying to get victims before a jury.  How unamerican!

Per the merits of the case- to rule otherwise in this instance sets up a quota.  X% of workforce is female, you need x% to be managers.  Given the facts of this case, you can't do that.

Walmart will get popped by smaller classes in this matter.  "All females who think they've been slighted" was a weak class.

[we vs us]

Damn trial attorneys, always trying to get victims before a jury.  How unamerican!

Per the merits of the case- to rule otherwise in this instance sets up a quota.  X% of workforce is female, you need x% to be managers.  Given the facts of this case, you can't do that.

Walmart will get popped by smaller classes in this matter.  "All females who think they've been slighted" was a weak class.

Is it possible that the class action fragmented the plaintiffs enough so that each individual suit wouldn't be worth it from a time or money standpoint?

Could some women come together and somehow make smaller "classes" for group suits?  From what I gather, the decision didn't address the merits of the case, but rather addressed the standing of the the class only. 

[Teatownclown]

An even better proposal for Wal Mart is to not shop there at all. The last time I was in a Wal Mart store I had a bit of an eye raising experience, in addition to most of the stuff there being pure garbage, most of what I saw was HIGHER PRICED not lower priced than what I was used to paying for equivalent items at a competitor. Just because they say they have the lowest prices, doesn't mean they do. Sort of like Fox is "fair and balanced". 

[Conan71]

Bring back OTASCO!

[Hoss]

Bring back OTASCO!

Harharharhar!!

[Teatownclown]

Bring back OTASCO!

Call up Riklis and tell him....this comment proves you know nothing about so little. Actually, if you knew anything about this case study you would understand why the republicans in congress are dooming this country. Very similar premise: greed!

[Conan71]

Call up Riklis and tell him....this comment proves you know nothing about so little. Actually, if you knew anything about this case study you would understand why the republicans in congress are dooming this country. Very similar premise: greed!

What?  Bringing back smaller regional and/or local chains like OTASCO or TG&Y is a bad thing?  They had a better handle on HR issues via being smaller as well as being more service rather than price driven type establishments.  You can thank giants like Wal-Mart who helped make smaller retailers irrelevant while creating a high demand for former American jobs overseas.

The Republicans in Congress have nothing to do with this opinion by SCROTUS.

[Teatownclown]

What?  Bringing back smaller regional and/or local chains like OTASCO or TG&Y is a bad thing?  They had a better handle on HR issues via being smaller as well as being more service rather than price driven type establishments.  You can thank giants like Wal-Mart who helped make smaller retailers irrelevant while creating a high demand for former American jobs overseas.

The Republicans in Congress have nothing to do with this opinion by SCROTUS.

Quit writing....OTASCO was a part of a huge conglomerate floated with junk bond financing. It was built with the backs of their employees and then smashed by greedy stockholders many years later.

Sam used to steal his concepts from them. He just didn't treat his employees as well so his family could grow....still happening.

[Teatownclown]

The Republicans in Congress have nothing to do with this opinion by SCROTUS.

We no longer have a citizen responsive government (both branches), Supreme Court...or a 4th estate. They're all bought and paid for....especially the right wingnut clown judicial activists on SCOTUS.

[guido911]

Damn trial attorneys, always trying to get victims before a jury.  How unamerican!

Per the merits of the case- to rule otherwise in this instance sets up a quota.  X% of workforce is female, you need x% to be managers.  Given the facts of this case, you can't do that.

Walmart will get popped by smaller classes in this matter.  "All females who think they've been slighted" was a weak class.

Have you ever been in a class action lawsuit from the beginning? No, I am not talking about having a person that might be a member of the class. From the beginning. That's were my disdain for trial lawyers comes from in this regard. And do not even get me started as to who really makes money in these type of cases where they are "trying to get victims before a jury."