Wal-Mart

EEOC Sues Wal-Mart for Sexual Harassment, Retaliation and Disability Discrimination

by U.S. Equal Employment Opportunity Commission... on 4/12/2013

Developmentally Disabled Walmart Employee in Akron Store Fired for Complaining About Sexual Touching, Federal Agency Charges - CLEVELAND - Wal-Mart Stores East, L.P. violated federal law by allowing a male employee...more

U.S. Supreme Court Emphasizes Importance of Common Issues in Class Actions

by Mira Serrill-Robins | Proskauer - California Employment Law on 4/10/2013

Over the past two weeks, the United States Supreme Court has repeatedly underscored the importance of having common questions that are susceptible to common answers in cases where plaintiffs are seeking class certification....more

Plaintiffs' Bar is Whistling Past the Graveyard on Comcast

by Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 4/3/2013

As many readers of this blog know by now, last week the Supreme Court issued yet another anti-class certification decision in Comcast Corp. v. Behrend (“Comcast”). While the full scope and meaning of the Court’s holding is...more

Surveying the Damages: Comcast Opinion Extends Wal-Mart v. Dukes' Standards for Class Certification

by Dustin Dow, John Lewis | BakerHostetler on 3/29/2013

In the latest class action case before the U.S. Supreme Court, a majority of the Court extended the Wal-Mart v. Dukes analysis to damages and held: proposed damages must be measurable on a classwide basis. ...more

California Environmental Law and Policy Update - March 22, 2013

by David D. Cooke, Emily L. Murray, Sandi L. Nichols | Allen Matkins Leck Gamble Mallory & Natsis... on 3/25/2013

In This Issue: Environmental and Policy Focus - U.S. top court rules for timber industry over road runoff; U.S. Supreme Court grants review of plan by forest service to manage Sierra Nevada; Federal Appeals Court...more

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

by Andrew Volin | Sherman & Howard L.L.C. on 3/12/2013

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...more

Examples Of Slip And Fall vs. Trip And Fall Accidents

by Viles & Beckman, LLC on 2/27/2013

The National Floor Safety Institute reports that slip and falls account for over one million hospital emergency room visits each year. Just a quick review of a few slip and fall cases against Wal-Mart alone demonstrates how...more

Supreme Court Will Review CEQA Decision From Fifth District In Wal-Mart Citizen Initiative Case

by Arthur F. Coon | Miller Starr Regalia on 2/18/2013

After receiving three separate petitions for review, including petitions from real parties Wal-Mart Stores, Inc. and the City of Sonora, the California Supreme Court voted unanimously on February 13, 2013 to grant review of...more

Appellate Notes: Recent Decisions of the Connecticut Supreme and Appellate Courts - January 2013

by Edward McCreery III | Pullman & Comley, LLC on 2/14/2013

In This Issue: -AC31211 - Aguinaldo v. Warner -AC33771 - Thompson Gardens West Condominium Assn., Inc. v. Masto -AC33850 - Unifund CCR Partners v. Schaeppi -AC33400 - Samnard Associates, LLC...more

Walmart Customer Falls on Gatorade Sign, Wins $1.3M

by Sylvia Hsieh | Lawyers.com on 2/12/2013

A Walmart customer who slipped on a fallen Gatorade sign won a $1.3 million verdict for his injuries. Tom Papakalodoukas, a 41-year-old Florida resident, was carrying a water bottle while shopping at a Walmart in Port...more

Plaintiffs Must Offer "Significant Proof" Of A Common Policy Or Practice To Satisfy Commonality Under Rule 23 Post-Dukes

by Jason Guyser, Thomas R. Kaufman | Sheppard Mullin Richter & Hampton LLP on 2/4/2013

On January 28, 2013, Hon. George King of the United States District Court for the Central District of California issued an order in Pedroza v. PetSmart, Inc. denying class certification of exempt misclassification claims...more

Sixth Circuit Affirms Fair Lending Class Certification Denial

by BuckleySandler LLP on 1/28/2013

On January 15, the U.S. Court of Appeals for the Sixth Circuit affirmed a district court’s denial of class certification sought by a proposed class of borrowers alleging that a lender’s mortgage loan pricing policy, which...more

The ERISA Litigation Newsletter - January 2013

by Anthony Cacace, Nicole Eichberger, Page W. Griffin, Jacklina Len, Kara L. Lincoln, James R. Napoli, Brian S. Neulander | Proskauer Rose LLP on 1/25/2013

In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more

Employers Can Discipline Employees For Certain Social Media Activity

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/24/2013

A handful of cases handed down by the National Labor Relations Board (NLRB) has left employers wondering whether they have any rights at all to regulate, monitor and discipline employees for what they post on Facebook and...more

Wal-Mart Rolls Out Hiring Plan To Aid Vets

by David B. Weisenfeld | XpertHR - Partnered with LexisNexis on 1/18/2013

Wal-Mart has announced a plan to hire 100,000 veterans over the next five years. Under the program, the nation's largest retailer pledges to offer a job to any honorably discharged veteran within his or her first 12 months...more

Wal-Mart Loses $1M Slip and Fall Case

by Law Offices of Cohn & Smith, P.A. on 1/15/2013

Earlier this year, a woman won a $1 million judgment against Wal-Mart after slipping on a wet spot on the floor of the Northside Jacksonville Wal-Mart Supercenter. This is an unusually high recovery for a Florida slip and...more

Rolls-Royce Brings in Lord Gold – Is it Thinking Big Enough?

by Thomas Fox on 1/15/2013

In December 2012 the BBC online service reported that Rolls-Royce Motor Cars Limited (Rolls-Royce) was in talks with the UK Serious Fraud Office (SFO) regarding potential allegations of bribery and corruption in Indonesia and...more

Fu Manchu and the Wal-Mart FCPA Investigation Water Torture

by Thomas Fox on 1/11/2013

Today we celebrate Fu Manchu. No not the facial accouterments but the fictional character who was introduced to the world in a series of novels by British author Sax Rohmer during the first half of the 20th century. He has...more

“Neither a borrower nor a lender be”

by David Conaway | Shumaker, Loop & Kendrick, LLP on 1/10/2013

Originally published in eurofenix - Winter 2012/2013. David Conaway looks at alternative sources of working capital in US and Canadian insolvencies. It has been reported that Wal-Mart, the world’s largest retailer...more

Top Ten Wage and Hour Developments in 2012 for Pennsylvania Employers

by Adam Long | McNees Wallace & Nurick LLC on 1/8/2013

For employers in Pennsylvania, 2012 was another eventful year in the world of wage and hour law. Even in the absence of new federal legislation, a number of noteworthy developments occurred at both the federal and state...more

Ontario Jury Awards Ex-Employee $1.4 Million For Mistreatment By Former Manager

by Blair McCreadie | Dentons on 1/8/2013

In a cautionary tale for employers, a jury in Windsor, Ontario awarded $1.4 million in damages to a former Wal-Mart employee who alleged that she had been constructively dismissed after being subjected to intentional...more

CEQA Year In Review 2012

by Marc Bruner, Julie Jones, Stephen Kostka, Geoffrey Robinson, Barbara Schussman | Perkins Coie on 1/3/2013

In This Issue: - Project Approvals Triggering CEQA ..Chung v City of Monterey Park (2012) 210 CA4th 394 ..Tuolumne Jobs and Small Business Alliance v Superior Court) 210 CA4th 1006 (petition for review pending,...more

SuperVision Today - 4th Quarter 2012

by R. Scott Adams, Alyesha Asghar Dotson, Eric W. Iskra, Eric E. Kinder | Spilman Thomas & Battle, PLLC on 12/26/2012

In This Issue: - Notes from the Chair & Executive Editor - How do you maintain at-will employment if you can't tell anyone? - Update on Class Actions Following Dukes v. Wal-Mart - Important Employer-Related...more

California District Court Awaits Class Certification Motion in Wal-Mart

by Casie Collignon | BakerHostetler on 12/18/2012

On December 10, 2012, the California District Court denied Wal-Mart’s motion for an interlocutory appeal in a putative class action filed in the wake of the Supreme Court’s decision not permitting certification of a...more

Labor Pains for Employers: NLRB Delivers Twin Employee-Friendly Decisions on Employer Social Media Policies

by Howard Sokol, Todd D. Steenson | Holland & Knight LLP on 12/13/2012

The National Labor Relations Board recently issued two rulings on employer social media policies that can be construed as favorable to employees. As a result, it is recommended that employers take the time to specifically...more

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