McBlogmick

Lawyers Behaving Badly

Federal Courts, Property — Posted by MarciaMcCormick @ February 07, 2007 - 14:35

The Seventh Circuit issued this recent decision in a case on how not to act like a lawyer. redwood.pdf. The case presents a host of interesting federalism and procedural issues, but the most interesting part is the one meritorious claim of the plaintiffs and the court's resolution.

And even though I don't particularly like Easterbrook as a human being, he is one clear writer.



Historic class certification

Employment Law, Federal Courts — Posted by MarciaMcCormick @ February 07, 2007 - 14:30

The Ninth Circuit has upheld the class certification decision of the district court in Dukes v. Wal-Mart. Wal-Mart class action.pdf

The class in this case is all of the women who have worked for Wal-Mart or Sam's Club at any point since 1998--an estimated 1.5 million women. The allegations in the complaint are that because of the centralized control of the main office and the policies it implemented, all of those women were discriminated against in pay and promotional opportunities in the same way.

This is structural litigation at its most basic even though it's directed at a private company and not the government.



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