BNA Class Action Litigation Report published our thoughts on Dukes, et al. v. Wal-Mart Stores, Inc. – the massive gender discrimination class action involving some 1.5 million putative class members – is now on the U.S. Supreme Court’s doorstep. Wal-Mart filed its petition for a writ of certiorari with the U.S. Supreme Court on August 25 seeking to overturn the Ninth Circuit’s en banc decision of April 26, 2010. The petition  ought to be required reading for all HR professionals, C-suite executives, and corporate counsel.

The petition involves a myriad of cutting-edge Rule 23 theories that the plaintiffs’ class action bar is use to push-the-envelope of workplace class actions. Wal-Mart attacks the Ninth Circuit’s decision on the grounds of (i) whether claims for monetary relief can be certified under Rule 23 (b)(2), which by its terms is limited to injunctive or corresponding declaratory relief; and (ii) the propriety of certification of large classes where damages are dealt with via a formula, and whether disposition of such claims without individualized hearings is inconsistent with the requirements of Title VII, the Due Process Clause, the Seventh Amendment, the Rules Enabling Act, and Rule 23.

BNA Class Action Litigation Report published our thoughts on Dukes. Plaintiffs’ opposition to Wal-Mart’s petition is due on September 30. We’ll be sure to review it upon its filing in the Supreme Court. Stay turned, as this is the BIG case of the year for workplace litigation.

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Photo of Gerald Maatman, Jr. Gerald Maatman, Jr.

Gerald is a partner in the Wage & Hour Litigation Practice Group in Seyfarth Shaw’s Chicago office. Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment-related class actions and EEOC pattern and practice lawsuits brought in federal…

Gerald is a partner in the Wage & Hour Litigation Practice Group in Seyfarth Shaw’s Chicago office. Mr. Maatman has a primary emphasis in his practice on defending employers sued in employment-related class actions and EEOC pattern and practice lawsuits brought in federal and state courts throughout the United States. Mr. Maatman also pioneered the process of conducting employment practices audits to assist employers in structuring effective and practical personnel policies and protocols. These audits are designed to minimize the incidence of employment-related class action litigation and to maximize management discretion and workplace productivity. Mr. Maatman’s work in this area has been profiled in the Wall Street Journal and Time Magazine.