Wal-Mart Case Is a Blow for Big Cases and Their Lawyers
The decision Monday by the U.S. Supreme Court to dismiss a class action sex discrimination suit against Wal-Mart could have far-reaching legal implications by making it far more difficult for large groups to bring suit against a single employer. According to Justice Scalia the suit, the largest of its kind in history, was deemed "unacceptable" because it lacked any mechanism for evaluating the extent of damages to each plaintiff, instead using a more imprecise formula aimed at the larger group. Justice Scalia also stated that because the lawsuit was directed at Wal-Mart as a national corporation, plaintiffs would have to demonstrate that sex discrimination was an accepted part of the company's overall culture. Legal experts believe the decision will discourage lawyers to file large class actions and force plaintiffs to pursue more localized or individual lawsuits where the chance for success might be higher, but the rewards smaller.
See "Wal-Mart Case Is a Blow for Big Cases and Their Lawyers", Steven Greenhouse, The New York Times, June 21, 2011