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Walmart v. Dukes

By Windy Rosebush Catino and Elizabeth A. Peters

Four months after the Supreme Court decertified the nationwide class of more than a million female employees who attempted to sue Wal-Mart for gender discrimination, the plaintiffs have attempted an end run around the Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (June 20, 2011) decision by filing new federal complaints in California and Texas. The plaintiffs have narrowed their claims by limiting the proposed classes to female Wal-Mart employees in California and Texas, making them significantly smaller than the nationwide class the Supreme Court rejected. However, the size of the class was not the only problem cited by the Supreme Court, and the new complaints do not seem to resolve many of the main issues and concerns raised in the Supreme Court'fs opinion.

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