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June 22, 2011

Common Sense on Class Action Suits

Walter Olson, Philadelphia Inquirer


AP Photo

In the run-up to the Supreme Court's opinion this week in Wal-Mart v. Dukes, the Ninth Circuit U.S. Court of Appeals had given the go-ahead to a lawsuit on behalf of a vast number of female Wal-Mart employees, each of whom had supposedly suffered harm as a result of the giant retailer's way of doing business. In the minds of some advocates, the only question remaining was whether the Supreme Court would stand in the way of justice. Prejudging Wal-Mart's guilt without so much as a trial, the left-leaning Alliance for Justice asked: "Will the Supreme Court Protect Wal-Mart's Discrimination Against Women?"

These advocates must have been surprised on Monday, when not a single justice on the Supreme Court, liberal or conservative, voted to uphold the Ninth Circuit's...

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Related Topics: Supreme Court

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