Wal-Mart asks Ninth Circuit to dismiss class-action discrimination suit David Shucosky at 12:02 PM ET
[JURIST] Attorneys for Wal-Mart have asked a three-judge panel of the US Court of Appeals for the Ninth Circuit [official website] to dismiss a class action lawsuit that claims as many as 1.6 million female employees were discriminated against. A district judge originally certified the class [JURIST report] last year, but Wal-Mart told the federal appeals court Monday that the charges raised by the six lead plaintiffs [plaintiffs' website] are not typical or common of the class [Reuters report]. Wal-Mart is also objecting to the size of the class certified, which they say is the largest in US history and would violate its due process rights. Wal-Mart says that its individual stores operate independently and should thus be sued as such; plaintiffs' lawyers called that impractical. The district court rejected their claim that the class size was "impractical on its face" and approved a statistical formula for paying damages if discrimination is proven. AP has more.
Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.