Rise of the Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer

Rise of the Zombie Lawsuit: Fifth Circuit Revives Former Dukes Class Member’s Individual Claims Against Her Former Employer

As we previously reported, following the re-booting of discrimination claims by a member of the former class in Dukes et al. v. Wal-Mart Stores, Inc., a Texas federal district court judge dismissed the individual and class claims of that plaintiff.

The Final Chapter in Dukes V. Wal-Mart?

The Final Chapter in Dukes V. Wal-Mart?

As we reported here, following their stinging defeat before the U.S. Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), plaintiffs rebooted their claims in a fourth amended complaint alleging class-based gender discrimination claims with very important changes aimed to address deficiencies identified by the U.S. Supreme Court as barriers to class certification.

Sixth Circuit to Consider Whether Former Wal-Mart V. Dukes Plaintiffs’ Claims Are Timely

Sixth Circuit to Consider Whether Former Wal-Mart V. Dukes Plaintiffs’ Claims Are Timely

While Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the former class members are continuing to try and regain some of the ground they lost. As reported here, herehere and here, several district courts have considered whether or not the claims of former Dukes plaintiffs who filed follow-on lawsuits after the landmark decision are time-barred, with varying results.

Fourth Circuit Weighs in On Supreme Court’s Class Action Decision in Walmart V. Dukes–or Does It?

By | The Compass | November 11, 2013
Fourth Circuit Weighs in On Supreme Court’s Class Action Decision in Walmart V. Dukes–or Does It?

In the Fourth Circuit’s recent decision in Scott v. Family Dollar Stores, the concurrence and dissent sharply disagreed about the significance of the majority opinion.  Depending on which opinion you read, Family Dollar is either a sweeping reinterpretation of the Supreme Court’s class action decision in Wal-Mart v. Dukes or a narrow holding reiterating the rule in favor of liberal amendment of complaints.  Time will tell who is right.

Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. V. Dukes in Denying Leave to Amend Complaint in Pay Discrimination Suit

Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. V. Dukes in Denying Leave to Amend Complaint in Pay Discrimination Suit

In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of gender-based pay discrimination leave to file an amended complaint based upon an erroneous interpretation of the Rule 23(a) commonality requirements for class certification set forth by the United States Supreme Court in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011).

Fourth Circuit Argues with Itself Over Wal-Mart V. Dukes’ Application

By | Employment Class Action Blog | October 24, 2013
Fourth Circuit Argues with Itself Over Wal-Mart V. Dukes’ Application

While commentators can, and often do, debate fine points regarding the technical elements of a class action claim, the result in a given case is often dictated by a more fundamental concern.  That issue is whether the judge views class action treatment as an exception to the general rule or, instead, as a fundamental right. 

Saks Puts Up Its “Dukes”? Judge Rules Class Members Too Dissimilar in Denying Class Certification

Saks Puts Up Its “Dukes”? Judge Rules Class Members Too Dissimilar in Denying Class Certification

Last week, in Till v. Saks Inc., U.S. District Judge Saundra Brown Armstrong of the Northern District of California denied Plaintiffs’ motion to certify a class of present and former exempt managers and associates at Saks’ Off 5th retail stores, and granted Saks’ preemptive bid to deny approval of a nationwide FLSA certification.