posted by on Dec 6
The Walmart class action lawsuit that’s become the largest workplace bias suit in the history of the US will now be on appear in front of the Supreme Court. Just announced today, the news is important because it will determine whether the individual bias cases can be combined into one Walmart class action lawsuit.
The news is also big to anyone involved in any type of class action lawsuit, since it will determine how these cases are handled from now on. The decision in the Walmart class action before the Supreme Court will affect even anti-trust class actions, product liabilitiy claims, and securities fraud class actions.
In fact, the Walmart class action case is so significant that we may be seeing other class action lawsuits held in limbo or stopped altogether while the decision looms before the Supreme Court. Litigants want to see what the outcome of the Walmart lawsuit will be, before continuing with their own cases.
The Supreme Court has agreed to review the Walmart appear because the case represents much more than just the outcome of the specific Walmart case. It will try to clear up confusion over current class action law, which lawmakers claim has many issues that need to be addresses.
Lawyers for plaintiffs in the Walmart class action fear the Supreme Court’s decision may result in undermining the rights of citizens involved in civil rights class actions.
The actual issue in the Walmart lawsuit is whether the case can be considered a class action. Walmart lawyers are claiming the group of plaintiffs is so large they cannot possibly have anything in common.
posted by on Aug 30
Walmart Class Action
The Walmart Class Action was filed in April 2010, when it was allowed to proceed as a class action. The original Walmart lawsuit was filed in 2001, over alleged gender discrimination against women employees. About one million women in the United States may be part of the Walmart class action, which exposes Walmart to billions of dollars of potential loss. Walmart asked the Ninth Circuit Court of Appeals to remove the class action status, but to no avail. The landmark case against Walmart will now proceed with the class action status in courts. Walmart says it will appeal again, this time to the Supreme Court.
The suit alleges that Walmart gives women fewer promotions and pays them less. Walmart is the world’s largest retail store, and the United States’ largest private employer. The case affects women who’ve worked in Walmart stores since 2001. A lower court is also deciding whether women who worked at Walmart from 1998 to 2001 can also be included in the Walmart Class Action lawsuit. There are more than three thousand Walmart stores in the United States alone. Walmart tried unsuccessfully to undo the class action status, which is considered a big victory for the plaintiffs.
Walmart has tried hard in the last decade to upgrade its image with the public. They’ve engaged in several high-profile public relation projects, like improving the eco friendly aspects of the businness, and helping with disaster relief efforts.
It’s interesting to note that the six judges who ruled in favor of establishing the case as a Walmart class action were appointed by Democratic presidents, while the five who ruled against where appointed by Republicans.
Experts in class action law agree that if the class action status sticks, Walmart will under tremendous pressure to settle the case.
posted by on Feb 21
Avandia Class Action Over Side Effects
An Avandia class action is brewing since release this week of a Senate investigation into the popular Diabetes drug. Confidential federal reports link Avandia to heart attacks and heart failures, and over three hundred deaths in the last three months of 2009.
Avandia is a drug made by GlaxoSmithKline for treatment of Diabetes Type 2. The drug has been controversial for years, as some reports held by the Feds link Avandia side effects to heart failure and heart attacks. But only this week has the idea of an Avandia class action hit the news, because of the Senate investigation.
Results of the investigation are that GlaxoSmithKline should have warned patients who take Avandia about the serious side effects. Scientists from the FDA even advocate removing Avandia from the market. There is an alternative, called Actos, which has not been associated with such serious side effects.
Avandia has been linked to 500 heart attacks and 300 heart failures each month. Reports as far back as 2007 from studies conducted on patients taking Avandia show links to heart problems from the drug. In 2006, sales of Avandia produced for GlaxoSmithKline $3.2 billion. After the 2007 study, profits decreased for Avandia, which had once been one of the biggest-selling drugs in the world.
The main point of the Avandia class action is that GlaxoSmithKline failed to put warnings on the label about the serious side effects.
posted by on Feb 11
Toyota Lawsuits over Brake & Accelerator Pedals
Toyota has had to recall over half a million Prius vehicles and over 8 million of their vehicles in general over problems related to brake and accelerator problems. This has caused investigations into when Toyota and the US agencies overseeing these types of problems in vehicles knew about such issues. The result has been a series of Toyota lawsuits.
The insurance company State Farm is reported to have notified US agencies back in 2007, about Toyota’s problematic accelerators in certain models. Separate reports state that in 2008 US agencies were notified from other sources as well.
Also, aside from the recalls, it’s reported that Toyota has not managed this current crisis very well. In the US, there is a certain level of protocol expected by consumers, determining the way these types of situations are handled by management. Toyota has not lived up to its excellent reputation.
At first Toyota is reported to have denied the problems with pedals, then tried to discredit the source of the news, then admitted only small problems before issuing the 8 million car recall. This has not set well with the US public and now Toyota lawsuits are growing in many states.
