Dukes v Wal-Mart

News & Analysis as of

Sixth Circuit Rejects Class Action Settlement With Key Documents Under Seal

All’s not fair in secretive class-action settlements. If class actions are the exception, then class-action settlements are a reflection of that exception. Specifically, the secrecy that might otherwise accompany...more

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Supreme Court Refuses to Review $188M Class Action Verdict Against Wal-Mart Based Upon “Trial by Formula”

Wal-Mart may have felt the first aftershock of the Supreme Court’s March 2016 opinion in Tyson Foods, Inc. v. Bouaphakeo, which undercut overbroad interpretations of its landmark 2011 Wal-Mart v. Dukes decision and found that...more

U.S. Supreme Court Affirms Class Certification Based on “Representative Evidence” of Liability and Damages

On March 22, 2016, the Supreme Court of the United States issued a 6-2 opinion in Tyson Foods, Inc. v. Bouaphakeo, affirming the certification of a class based on the “representative evidence” of a statistical sample used to...more

Supreme Court Upholds Class Action in Donning-Doffing Dispute Based on “Representative” Statistical Evidence

The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

Supreme Court Says Averages May be Used to Establish Classwide Liability

In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...more

U.S. Supreme Court Decision In Tyson Allows Narrow Use Of Statistical Sampling Evidence In Class Actions

The Supreme Court affirmed a $2.9 million jury verdict in favor of a class of employees and against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, slip op., 2016 WL 1092414 (Mar. 22, 2016). Although the key issues...more

New U.S. Supreme Court Class Action Decision

On March 22, 2016, the United States Supreme Court ruled 6-2 that employees can potentially rely on admissible statistical sampling data to establish classwide liability in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146...more

Class Averaging

The Supreme Court ruled today that Plaintiffs’ use of average donning and doffing times was proper and sufficient to affirm a $5.8 million judgment against Tyson Foods. Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (Mar. 22,...more

How Justice Scalia's Death Could Have Profound Reverberations for Employers

The sudden death of Associate Justice Antonin Scalia of the Supreme Court of the United States, who served on the Court for over 30 years, has touched off a heated political debate over the appointment and consideration of...more

Justice Scalia’s Employment Law Legacy

On February 13, 2016, Justice Antonin Scalia, the anchor of the Court’s conservative wing for nearly three decades, passed away. He leaves behind a distinguished legal career that involved experience in wide range of roles....more

A Quick Take on Justice Scalia’s Legacy on Antitrust Law

The late Justice Antonin Scalia was not the biggest fan of antitrust law. As he famously quipped during his Senate confirmation hearing: “In law school, I never understood [antitrust law]. I later found out, in reading the...more

Justice Scalia and Class Actions

No one has done more to shape class action law than Justice Antonin Scalia. His unexpected passing yesterday, even while important class action cases remain under advisement, will spark a renewed push to tilt class action...more

Class Action Issues at the Supreme Court (and Elsewhere)

In addition to being on the warpath about cy pres class action settlements, we try to keep an eye on various other issues related to the much-abused Fed. R. Civ. P. 23. First, we’re pleased as punch to let you know that all...more

ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more

Big Data, Big Problems: The Liability Pitfall Lurking Beneath the Shiny Surface of “People Analytics”

The use of big data in employment decisions—a practice often referred to as “people analytics”—has exploded in recent years. Lately, however, the concept is gaining more and more attention not only for its appeal of faster...more

Comcast and its Discontents

Shortly after the Supreme Court’s decisions in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) and AT&T Mobility LLC v. Concepcion, 563 U.S. 321 (2011), I appeared before a federal district judge on a motion to dismiss...more

California Court Gets It Wrong On HRT Class Action

We understand that not everyone shares our view of class actions, but we hold certain truths to be self-evident: The government, including its courts, cannot order someone to give money to someone else without due process of...more

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

Class Certification, Unfair Trade Practices, and Governing Standards

In Bumpers v. Community Bank of Northern Virginia, the North Carolina Supreme Court held that when a plaintiff alleges a violation of N.C. Gen. Stat. § 75-1.1 based on a misrepresentation, the plaintiff must prove actual and...more

Out of Align-ment: Sixth Circuit Affirms Class Certification in Probiotics Case

A recent Sixth Circuit decision that affirmed certification of a multi-state consumer class action asserting false advertising claims concerning Align – a Proctor & Gamble probiotic product promising digestive health benefits...more

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