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Rolling Back Pay? Pregaming Next Week’s Big Discrimination Argument.

Publication Date: 
March 24, 2011
The Wall Street Journal Law Blog
Ashby Jones

Professor Deborah Hensler is quoted in the Wall Street Journal on Wal-Mart’s sexual discrimination litigation case and where the U.S. Supreme Court typically stands on class action lawsuits. Ashby Jones reports :

Next Tuesday, down at One First St., N.E., arguably the most important sex-discrimination case to hit the Supreme Court in many years will receive a full airing.

It’s hard to know exactly how the justices will rule, but one thing seems sure: the opinion that ultimately comes down later this year in the Wal-Mart v. Dukes case will likely dramatically alter the face of sex-discrimination litigation going forward.


So how will the case ultimately go? One would have to suspect that we’re looking at a 5-4 decision in Wal-Mart’s favor. “The court’s majority has been hostile to class actions,” Stanford Law Professor Deborah Hensler told the LAT.