Fifth Regional Mini-Dukes Class Action Brought Against Wal-Mart


A fifth regional class action gender discrimination case has been filed against Wal-Mart.  This latest case, brought in Wisconsin, claims Wal-Mart discriminates against women in pay and promotions at the store level in states such as Illinois, Indiana, Michigan, and Wisconsin.*  It joins regional cases already pending in California, Texas, Tennessee, and Florida. 

The regional cases are the result of the U.S. Supreme Court's 2011 ruling in Dukes v. Wal-Mart, which overturned a nationwide class because there was no national policy on which the class was based.  The Supreme Court decision did not rule, however, on cases with a narrower geographic scope, which has led to the regional cases.

Wal-Mart has had some success in the regional cases in Texas and Tennessee, persuading courts there that the class action claims are barred by the statute of limitations.  The critical legal issue is whether the nationwide class in Dukes "tolled," or stopped, the statute of limitations, and this issue is the subject of varying federal appellate rules in different parts of the country.  

* Ladik v. Wal-Mart Stores, Inc., No. 3:13-cv-00123-bbc (W.D. Wis. Feb. 20, 2013).

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sherman & Howard L.L.C. | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.