Supreme Court Hears Wal-Mart Class Action-Adam Klein, Outten Golden

On Tuesday, March 29, 2011, the Supreme Court heard oral arguments in Dukes v Wal-Mart Stores, Inc.

At issue is whether the justices should allow certification of the largest class-action employment lawsuit in U.S. history, a long-standing dispute against mega-corporation Wal-Mart Stores Inc. over alleged gender bias in pay and promotions. Arguments in the case are Tuesday morning and ruling can be expected by late June.

The company is the world's largest retailer and the nation's largest private employer. If the class-action goes through, hundreds of thousands of women - perhaps as many as 1.6 million plaintiffs - could join in the largest discrimination claim of its kind.

The court seems hesitant to allow the class action to proceed for, among other reasons, the individual nature of each claimant's complaint.  The possibility of class decertification or a settlement still lingers.

Adam Klein, a partner at Outten & Golden, and chair of the law firm’s class action practice group, said that a decision in favor of Wal-Mart may limit class actions.