SAN FRANCISCO U.S. District Judge Charles Breyer signaled Friday that plaintiffs attorneys representing women in a revamped gender bias suit against Wal-Mart Stores Inc. may fall short again of showing the employees have enough in common to sue the company as a class.
Noting that the U.S. Supreme Court laid down the law in the 11-year old case last June in Dukes v. Wal-Mart Stores, Breyer said the key hurdle for plaintiffs is to allege class standing that would survive when tested against the language of the high court’s decision. “I’m seriously concerned the plaintiff has not done so,” Breyer said during the hourlong hearing.
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