Wal-Mart Files Opening Merits Brief in U.S. Supreme Court

February 9, 2011 by

On January 20, 2011, Wal-Mart filed its opening merits brief in the U.S.  Supreme Court in the Dukes v. Wal-Mart case mentioned several times earlier in this blog.  Not surprisingly, Wal-Mart asserts that the Ninth Circuit’s opinion is not consistent with the requirements of Fed. R. Civ. Proc. 23(a), because the “Class members – potentially millions of women supervised by tens of thousands of different managers and employed in thousands of different stores throughout the country – assert highly individualized fact-intensive claims for monetary relief that are subject to individualized statutory defenses.”

Wal-Mart also asserts that the Ninth Circuit’s opinion is not consistent with Fed. R. Civ. Proc. 23(b)(2), because that rule relates to injunctive relief, yet plaintiffs seek billions of dollars in individual monetary relief.  Wal-Mart acknowledged however, that many circuits allow monetary relief under this procedural rule if the monetary relief does not predominate over the injunctive relief.

You can see the brief at this link.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, consumer cases, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, employment matters, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.

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