2005/08/08
Will the Wal-Mart Class Action Go To Trial?
It's the Ninth Circuit, so probably...yes, and a good thing too. Here are some of the crap arguments that Wal-Mart's attorney made on Monday:
First, he argued that the case was without merit because a study concluded that women weren't systematically discriminated against in pay and promotions. What's ludicrous about this is that the study is a Wal-Mart study, and...the Ninth Circuit isn't even deciding a merit issue. They're deciding if a federal court judge abused his discretion in letting the case go to trial. But it doesn't stop there.
Theodore Boutrous, Wal-Mart's attorney, then argued that a settlement plan put forward by Martin Jenkins (the Federal judge), was impractical because it would deprive Wal-Mart of the, "...opportunity to dispute their individual circumstances." Wal-Mart has asserted that this is an unprecedented denial of due process. What?! Unprecedented? Maybe, but only because nobody has had the chutzpah to challenge America's biggest retailer. I think that Mr. Boutrous needs to become a little more familiar with the idea of a class action lawsuit. He doesn't seem to get it.
I'll let the conservatives blather on about how much more practical 1.6 million lawsuits would be.
First, he argued that the case was without merit because a study concluded that women weren't systematically discriminated against in pay and promotions. What's ludicrous about this is that the study is a Wal-Mart study, and...the Ninth Circuit isn't even deciding a merit issue. They're deciding if a federal court judge abused his discretion in letting the case go to trial. But it doesn't stop there.
Theodore Boutrous, Wal-Mart's attorney, then argued that a settlement plan put forward by Martin Jenkins (the Federal judge), was impractical because it would deprive Wal-Mart of the, "...opportunity to dispute their individual circumstances." Wal-Mart has asserted that this is an unprecedented denial of due process. What?! Unprecedented? Maybe, but only because nobody has had the chutzpah to challenge America's biggest retailer. I think that Mr. Boutrous needs to become a little more familiar with the idea of a class action lawsuit. He doesn't seem to get it.
I'll let the conservatives blather on about how much more practical 1.6 million lawsuits would be.
