SAN FRANCISCO — A California state appellate court on Monday reversed a decision by a trial judge that smashed a long-running wage-and-hour class action against security contractor The Wackenhut Corp., ruling that the judge overstretched the U.S. Supreme Court’s 2011 decision in Wal-Mart Stores v. Dukes.
The decision is a loss for the employment law defense bar generally, but is especially a blow for Theodore Boutrous Jr., the Gibson, Dunn & Crutcher partner who argued Wal-Mart and was brought in by Wackenhut in 2011 to wield the then-fresh high court decision in its own case ahead of trial.
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