Case Developments
NINTH CIRCUIT EN BANC PANEL WILL REVIEW CLASS CERTIFICATION
On February 13, 2009, the Ninth Circuit granted Wal-Mart’s request for “en banc” review of the district court’s order certifying a class of all female employees who worked at Wal-Mart any time since December 26, 1998. Oral argument took place on March 24, 2009 before an en banc panel of 11 Ninth Circuit judges. An audio recording of the en banc oral argument can be found here (WMA format). It may take several months for the en banc panel to issue an opinion.
The order taking the case en banc means that the December 11, 2007 order by the Ninth Circuit is no longer good law. If the en banc panel agrees with the prior Ninth Circuit orders and affirms class certification, Wal-Mart may appeal to the United States Supreme Court. We will post additional updates to this website as we know more.
Previous Developments
NINTH CIRCUIT AFFIRMS CLASS CERTIFICATION
(Updated 9/23/08)
On December 11, 2007, the Ninth Circuit issued a revised opinion affirming the class certification order. Plaintiffs have requested rehearing by the Ninth Circuit panel to clarify that Wal-Mart employees who left their employment before June 8, 2001 are allowed to continue in the class action. Wal-Mart requested "en banc" review by the Ninth Circuit.
"En banc" review occurs if the majority of the active judges vote for it. The Court may take several months to resolve the panel and "en banc" reviews requested by Plaintiffs and Wal-Mart. If both reviews are denied, or if the court takes Wal-Mart's "en banc" review and agrees with the district court and revised December 11 opinion, then Wal-Mart will likely appeal to the Supreme Court. It will take many months for the Supreme Court to decide whether to hear that appeal. We will update this website as we know more.
COURT OF APPEALS AFFIRMS CLASS CERTIFICATION
The 9th Circuit Court of Appeals decided on February 6, 2007 that several current and former Wal-Mart employees may represent all female employees who worked at Wal-Mart any time since December 26, 1998 in a nationwide sex discrimination lawsuit. Over 2 million women are estimated to be a part of this lawsuit. Wal-Mart has asked the entire 9th Circuit court to rehear its February 6 decision. In order to get this rehearing, a majority of the 27 judges on the circuit must vote for it.
On Monday, August 8th, 2007, the Ninth Circuit Court of Appeals heard Wal-Mart's appeal of the District Court's class certification order. Brad Seligman argued for the plaintiffs.
Women ask court to send case to trial on behalf of over 1.5 million current and former female Wal-Mart employees.
Federal court certifies national class action.