Fifth Mini-Dukes Class Action Brought Against Wal-Mart

By Andy Volin

A fifth regional class action gender discrimination case has been filed against Wal-Mart. This latest case, brought in Wisconsin, claims Wal-Mart discriminates against women in pay and promotions at the store level in Illinois, Indiana, Michigan, and Wisconsin. It joins regional cases already pending in California, Texas, Tennessee, and Florida.

Wal-Mart has had some success in the regional cases in Texas and Tennessee, persuading courts there that the class action claims are barred by the statute of limitations. The critical legal issue is whether the nationwide class in Dukes “tolled,” or stopped, the statute of limitations, and this issue is the subject of varying federal appellate rules in different parts of the country. The employees in the new Wisconsin action believe that a favorable rule in that part of the country will allow their class action allegations to be considered timely. Ladik v. Wal-Mart Stores, Inc., No. 3:13-cv-00123-bbc (W.D. Wisc. Feb. 20, 2013).

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