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.

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