Many legal blawgs are following the Walmart sexual discrimination class action case and we have been no different. Last week, Walmart argued its appeal in the Ninth Circuit challenging the District Court's certification of a class of 1.5 million of the retailing giant's current and former female employees. In its argument, the company maintains that its constitutional rights would be violated if the court the suit to continue as a class because to do so would deprive the company of its rights to defend itself against each woman's claim, it argues, the courts should allow suits only on a store-by-store basis.
If the Ninth Circuit agrees and strikes down the multistate action certified by a lower court, it would likely kill the largest employment class action in U.S. history. More broadly, it would open wide the door for all large companies to make similar arguments.
The Ninth Circuit Court of Appeals website has just posted the audio of the attorney's argument here. Walmart's attorneys were chided quite severely for their disrespectful remarks regarding the in their briefing. Regardless of which side you lean towards in this case, however, the arguments were well-made on both sides (Brad Seligman for the plaintiffs) and make for very interesting listening.
Our thanks to George for the link to the audio.Sexual Harassment, Pregnancy Discrimination, Age Discrimination, San Antonio, Employment Lawyer