A Shrunken Class Still Fails In Round Two Of Walmart Suit

Responding to a Supreme Court decision that said the putative class in a discrimination lawsuit was too disparate to qualify, attorneys for women who alleged discrimination by Walmart tried again and came back to court with a  substantially pruned down version of the class, from 1.5 million down to 150,000. But last week a San Francisco district court judge rejected the newly constituted group, for essentially the same reasons. He said that although there was substantial evidence the women had suffered discrimination, he was bound by the Supreme Court’s decision in the Dukes case. Interestingly, the San Francisco judge is the brother of a Supreme Court justice.