News

Class action firms push for two-million strong Wal-Mart claim

Author: claire.ruckin@legalweek.com

Published: 15/02/2007 03:07

Email article | Comment on this article | Sign up to News Alerts



Wal-Mart is facing a multi-billion-dollar sex discrimination class action after a recent court ruling gave the go-ahead to what has been dubbed the largest-ever claim of its kind.

As many as two million past and present female employees will be eligible to join a gender discrimination class action against Wal-Mart after a federal appeals court ruling in San Francisco last week (6 February).

However, Wal-Mart has made it clear that it will be seeking a rehearing of the decision, stating it will take the case all the way to the Supreme Court if necessary.

A coalition of class action firm Cohen Milstein Hausfeld & Toll along with three smaller firms and three public interest groups are representing the claimants.

Brad Seligman, director of independent litigation group Impact Fund, is leading the team, which consists of 18 lawyers from the seven legal players involved.

Wal-Mart is being advised by Gibson Dunn & Crutcher and Paul Hastings Janofsky & Walker with partners Theodore Boutrous Jr and Nancy Abell respectively leading the teams.

Boutrous said: “The court’s ruling does not address the merits of the plaintiffs’ claims, or whether their allegations are true, but rather addresses whether the case meets the technical legal requirements to move forward as a class action.”

The ruling upheld a district court decision in 2004 that permitted all women who have worked for Wal-Mart since December 1998 to enter into a class action based on a law suit originally brought by six women in 2001 claiming gender discrimination in terms of pay and
promotion.

Cohen Milstein partner Joseph Sellers, who is leading the firm’s team, commented: “Bringing litigation against Wal-Mart is very challenging. It is a large company with almost inexhaustible resources to defend itself.”

He added: “We believe we are right and our clients are very brave and committed to making changes at Wal-Mart and getting relief for themselves and others.”

Class actions, which are a longstanding feature of the US legal system, are becoming more prominent in the UK despite the greater difficulty of grouping claims.

A UK Government consultation paper issued last summer (7 July) asked members of the profession to put forward their reactions to group actions.

Job of the Week

Defendant Clinical Negligence Lawyer

Clinical Negligence

Job of the Week

Casey Associates

Employment

Quick Job Search

>Advanced Search