In the massive sexual discrimination class action law suit brought against mega-retailer Wal-Mart alleging a endemic pattern of discrimination with respect to salaries and promotions, the Supreme Court has ruled that the case did not satisfy the rules of a class action suit.
Basically the court ruled that the plaintive could not demonstrate enough commonality across all of the issues nor was adequate evidence of a policy of discrimination presented.
The court didn’t rule on the merits of the accusations, but simply upon whether the case could proceed to trial as a class action. All five conservatives concurred; the four liberal judges partially concurred finding fault with the court’s blanket dismissal of the appropriateness of a class action suit.
This is another example of the law potentially trumping justice and I always thought it was supposed to be the other way around.
Why not let a jury of their peers decide on the evidence rather than turning the case on a point of law? Probably because Wal-Mart could lose and that would cause some of the privileged to lose money. Can’t have that happening. Better to deny low wage workers their day in court.
Monday, June 20, 2011
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