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12 Jan 2016, 8:06 am by Seyfarth Shaw LLP
In addition to converting their class certification rulings into class action settlements with higher values and pay-outs, plaintiffs’ lawyers continued to craft refined and more successful class certification theories to counter the more stringent Rule 23 certification requirements established in Wal-Mart Stores, Inc. v. [read post]
19 Nov 2015, 6:52 am by Joy Waltemath
Specifically, she purported to certify the class under Rule 23(b)(2), even though the Supreme Court made clear in Wal-Mart Stores, Inc. v. [read post]
10 Nov 2015, 7:27 pm by Seyfarth Shaw LLP
On appeal, Tyson Foods argued that plaintiffs’ use of averaging constituted impermissible “trial by formula” under Wal-Mart Stores Inc. v. [read post]
10 Nov 2015, 10:48 am by Lyle Denniston
The Justices’ criticism of “trial by formula” came four years ago in Wal-Mart Stores v. [read post]
6 Nov 2015, 9:33 pm by Lyle Denniston
” Tyson is relying heavily upon the Court’s 2011 decision in Wal-Mart Stores v Dukes, which blocked the creation of a nationwide class of present and former workers for the giant retail chain claiming discrimination in wages paid to female workers. [read post]
3 Nov 2015, 8:13 am by Joy Waltemath
Turning to DSW’s argument that the employee failed to mitigate damages, the court found that she put forth compelling facts tending to show that she conducted a thorough job search from 2009 through 2012, worked at Wal-Mart at a lower paying job for a while, and again conducted a thorough job search after she left Wal-Mart. [read post]
22 Oct 2015, 5:33 pm by Lawrence B. Ebert
Wal-Mart Stores, Inc., 572F.3d 677, 681 (9th Cir. 2009) (“Contract interpretation isa question of law that we review de novo. [read post]