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Has anyone been following the Walmart case at the Supreme Court?

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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:41 PM
Original message
Has anyone been following the Walmart case at the Supreme Court?
What are your thoughts?
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FSogol Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:47 PM
Response to Original message
1. NPR did a big piece on it this morning and at the end,
Edited on Tue Mar-29-11 01:57 PM by FSogol
I wasn't sure whether it was colossal discrimination on Walmarts part or a massive fishing expedition by some clever lawyers. I'll have to know much more about it before making my mind up.


edit: for a spelling error.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:50 PM
Response to Reply #1
3. You are not sure? Really? Its Walmart!
I think up until now State Farm holds the record for massive (proven) gender pay discrimination.

Just curious - how old are you?
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FSogol Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:55 PM
Response to Reply #3
11.  I know that Walmart could easily be nailed over discrimination.
I have a hard time believing that they are guilty in every case.

Walmart's argument that the case is too big is BS, but they did make some reasonable points.

[Just a little condescending, huh? Mid 40s.)
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:53 PM
Response to Reply #1
6. I'm inclined to favor the plaitiffs, this being Walmart and their record being what it is.
The case at hand is whether or not there is an actual class on which to base a class action lawsuit.

It is in Walmart's best interest to keep the cases separate. It is in the lawyer's interests to have a class action.

I'm not sure what might be in any given plaintiff's best interest.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:48 PM
Response to Original message
2. i just caught an interview on CNN.
When one of the plaintiffs asked for a raise to match her male counterpart who was making $10,000 more than she was doing the same job. Anyway, they told her that he had a family to raise and needed the money. So pre 1960s... She pointed out that she was a single mother and needed more money. Walmart made her do a personal budget and present to them. They result was that she got a couple of thousand dollars annual increase.

Here is the question? Is is legal for Walmart to make people prove need?

I have never heard of such a plan. What utter bullshit.
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KansDem Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:54 PM
Response to Reply #2
8. Good question!
Is is legal for Walmart to make people prove need?

I believe you need to prove "need" when applying for certain government services, but since corporations and government are becoming one, who's to say?
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mod mom Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:50 PM
Response to Original message
4. I have on NPR. My guess is w the makeup of SCOTUS Walmart will WRONGLY prevail
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JustAnotherGen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:50 PM
Response to Original message
5. I'm 100% in support of these women
I oftern read/hear people make jokes about the 'toothless women' that work at wal-mart. Maybe if they made what they were WORTH they could get those teeth fixed you know? This ties into the Paycheck Fairness Act (failed :-( ) and Lily Ledbetter. Point blank - if Ms. Lily is on their side? So am I.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:55 PM
Response to Reply #5
9. I'm totally in support of the women.
I'm far less sure as to what is in their best interest vis a vis this suit. The case here is not the issue itself, but rather if all the women represent a legal class on which to base a class action lawsuit.

Losing a class action suit is huge to the defendant and huge to the lawyers. I am not sure it is in the women's best interests.
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JustAnotherGen Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 03:03 PM
Response to Reply #9
19. But we HAVE to keep trying
Over and over and over again! :-) It's funny - women in my position, attorneys, education, etc. etc. - we didn't have the brass ovaries to do this. But they did. These women making $6, $7, $8 an hour. I'm at work so I don't have all of my research and writing on this but - in ONE of the cases? You had a woman my age - late 30s, about 8 years experience . . . that was pass over for a promotion AND pay in favor of a 17 year old boy. She's got to go ovaries to the walls and if they fail - perhaps I'll pick up the mantle.


The Paycheck Fairness Act failed. It failed. We don't have an ERA. I'm of the mindset that the 'women's rights movement' is an abject failure if we don't get equal pay. We have to start where we are . . . and where we are is wally world.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 03:16 PM
Response to Reply #19
21. I totally agree
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AlinPA Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:53 PM
Response to Original message
7. Enough to know that the republican controlled Supreme Court will rule for Walmart.
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DJ13 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:55 PM
Response to Original message
10. I think the lunatic righties on the court will use this to restrict class action suits
The "its too big to be a class action" BS being thrown about by the WalMart defenders on the MSM are giving an early preview of the expected decision.

If they can throw this case out based on size it will severely dampen class action lawsuits in the future.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:03 PM
Response to Reply #10
14. I am really ambivalent about class action lawsuits, at least as they are pursued today.
I have been a "plaintiff" in several of them. I actually got a settlement once. I don't recall the exact amount but it was less than $20 (had to do with brokerage malfeasance.) I recall, however, that the lawyers made millions.

I am not anti lawyer, and I am not anti law suit. I am, however, not pleased when, once again, little guys get screwed ($20 is getting screwed) while powerful lawyers appear to make millions.

On the other hand, if social change can come of class action suits, I am all for them.





Like I said . . . I'm conflicted and ambivalent.
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DURHAM D Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:11 PM
Response to Reply #14
16. Have you been involved in a gender/employement class action?
They are any a whole different class.
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Stinky The Clown Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:39 PM
Response to Reply #16
17. No, I haven't
You'll notice I commented elsewhere in this thread that while I may be ambivalent on class action suits in general, if they result in positive social change, then I favor them strongly.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 01:56 PM
Response to Original message
12. I think we'll see this SCOTUS set us back another 50 years by siding with Wal-Mart. Every case will
have to be pursued individually.
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peace frog Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:00 PM
Response to Reply #12
13. +1
I agree, more's the pity. UGH.
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MedicalAdmin Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 03:14 PM
Response to Reply #12
20. Which basically means that almost no cases will be pursued.
The only reason that law firms are willing to take on the huge expenses of going after these corporate monsters is that they can bundle plaintiffs together. They lose and they lose everything. Law firms have gone belly up fighting the big companies. No lawyer will take on one of these cases if it is on contingency if they have to take on the cases singly.

If tort reform goes through then that will be a big nail in the future of the working class.
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tjwash Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:05 PM
Response to Original message
15. Going to the SC which says corps are people,and that money is a corps freedom of speech
...so I am sure it is going to end real well for walmart. I wouldn't be surprised if the rotten bastards try and make the plaintiff reimburse walmart for the court costs afterward.
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madrchsod Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Mar-29-11 02:56 PM
Response to Original message
18. if they side with walmart..forget about all class action lawsuits
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