It’s been a big week for Wal-Mart Stores Inc. and its go-to appellate lawyer, Theodore Boutrous Jr. of Gibson, Dunn & Crutcher, who got to revel in one long-awaited ruling but suffered a setback in another.
The defeat came Tuesday in the U.S. Court of Appeals for the Sixth Circuit, where Wal-Mart is battling a smaller version of the massive Dukes v. Wal-Mart gender bias employment class action that the U.S. Supreme Court decertified four years ago. Ever since that 2011 ruling, in which Boutrous convinced the high court to find the Dukes class too unwieldy, plaintiffs lawyers have pushed ahead with narrower, regional cases against the retailer. Many of those have faltered, but the Sixth Circuit on Tuesday gave one of them a boost.
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