Supreme Court ruling eases the way for certain class actions

March 22, 2016 0 COMMENTS

The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals.

The Court ruled 6-2 in Tyson Foods v. Bouaphakeo that the lower court was correct in allowing employees to use a study performed by an industrial relations expert to establish a class of workers at a Tyson pork processing plant in Storm Lake, Iowa.

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Supreme Court Hears Oral Arguments in Wal-Mart Discrimination Lawsuit

March 30, 2011 0 COMMENTS

The U.S. Supreme Court heard oral arguments yesterday in Wal-Mart Stores v. Dukes, a massive lawsuit that has been called the largest employment class action in U.S. history. The class of plaintiffs in this case is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to billions of dollars in back pay. Although the case involves alleged sex discrimination, the Court won’t be deciding whether the alleged discrimination occurred but instead will have to determine whether class-action treatment is appropriate.

Wal-Mart’s attorney presented the company’s case first and argued that since the employees’ claims hinge on the company’s delegation of discretion to individual managers throughout the country, the employees can’t meet the cohesion requirements necessary for class-action treatment.

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Obama Reveals Choice for Supreme Court Justice

May 26, 2009 1 COMMENTS

Since Justice David H. Souter announced his intent to retire from the U.S. Supreme Court, there has been much speculation regarding President Barack Obama’s first nomination to the high court. After a long Memorial Day weekend, the wait is over. On Tuesday morning, Obama announced that he would nominate Judge Sonia Sotomayor to be the next Supreme Court justice.

If the Senate confirms Obama’s nominee, Judge Sotomayor, 54, would join Justice Ruth Bader Ginsburg as the second woman on the current Supreme Court. In the history of the Supreme Court, she would be the third female justice and the first Hispanic justice.

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