Tag Archives: Wal-Mart

Comcast Oral Argument Raises Interesting Questions Surrounding the Application of Daubert to Class Certification

By John Lewis on November 7, 2012 Posted in Class Certification

On November 5, 2012 the U.S. Supreme Court heard arguments in Comcast Corporation v. Behrend, No. 11-864 which arose from an action brought by Philadelphia cable subscribers alleging that Comcast monopolized Philadelphia’s cable market and excluded competition in violation of Sections 1 and 2 of the Sherman Act, 15 U.S.C. §§ 1-2. Transcript of the … Continue Reading

Dukes Claims California Meal and Rest Period Cases

By Greg Mersol on January 31, 2012 Posted in Meal and Rest Periods, Retail, Wage and Hour

The Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), seems to be taking hold in meal and rest period cases in California, as shown by two decisions handed down this month. The most recent casualty of the holding in Dukes is Cortez v. Best Buy Stores, LP, Case No. … Continue Reading

Daubert Standards Should Apply to Experts at the Class Certification Stage

By Greg Mersol on August 3, 2011 Posted in Class Certification

It has been a slightly over a month now since the United States Supreme Court announced its blockbuster decision in Wal-Mart Stores, Inc. v. Dukes.pdf, 564 U.S. ___ (2011), and commentators have written at length about various aspects of the decision. One area that has drawn less attention, however, is a very brief portion of … Continue Reading

Supreme Court Reverses Ninth Circuit in Dukes v. Wal-Mart

By Greg Mersol on June 20, 2011 Posted in Uncategorized

Today, June 20, 2011, the Supreme Court issued its highly anticipated decision in Wal-Mart Stores Inc v Dukes.pdf Case No. 10-277 (U.S. S. Ct. June 20, 2011). The Court not only reversed the Ninth Circuit, but issued several clear pronouncements regarding the plaintiff’s burdens and the quality of evidence necessary to certify an employment class. … Continue Reading