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Paul Sakuma/AP

US Supreme Court blocks major sex action against Wal-Mart

The court votes 5-4 to block a billion-dollar lawsuit, because there are simply too many women looking to take part in it.

THE UNITED STATES’ Supreme Court has voted to block a major sexual discrimination lawsuit against retail giant Wal-Mart – because there would be too many women seeking to take part in the case.

The court voted by 5-4, along party lines, to reverse a prior decision of the 9th Circuit Court of Appeals – finding that the 1.6 million women who would potentially take part in the class action lawsuit simply could not all have shared common ground to bring a single, aggregated case.

The case, if Wal-Mart had lost, could have seen the retailer forced to pay billions in damages over allegations that it had systematically preferred male employees for promotions and pay raises.

The majority decision, written by Justice Antonin Scalia, found that the myriad plaintiffs would have to all share common circumstances for the case to be allowed to proceed – something which was “entirely absent here”.

Justice Ruth Bader Ginsburg, of the minority, said the policy over pay and promotions was evidently “uniform throughout all stores”.

AP reported that documents lodged with the case, which dates from 2001, showed how only one in seven store managers were women, compared to 80 per cent of low-ranking supervisory jobs.

Wal-Mart had responded that women had made up two-thirds of all of its managers at that time.

The landmark decision will make it much more difficult for businesses to face class action lawsuits in future, with courts now being obliged to find a common thread among every single complainant before cases can be brought.

Opponents of the case had argued that a successful case would have allowed corporations be prosecuted for even seemingly vague complaints. The Guardian reported that Microsoft and General Electric had written to the court expressing such worries.

The defeated women bringing the cases have acknowledged that the ruling is a blow, but told AP they would continue to bring their complaints on a private, personal basis.

In a statement, Wal-Mart said it was “pleased” and satisfied the court had made the right decision.

“The Court today unanimously rejected class certification and, as the majority made clear, the plaintiffs’ claims were worlds away from showing a company-wide discriminatory pay and promotion policy,” it said.

Additional reporting by the AP

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4 Comments
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    Mute Colm Halpin
    Favourite Colm Halpin
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    Jun 21st 2011, 9:30 PM

    About time someone reported this…..going on over three hours now

    47
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    Mute vv7k7Z3c
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    Jun 21st 2011, 9:37 PM

    Colm – the only reason we couldn’t report it sooner is that the Garda press office weren’t answering the phone…

    51
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    Mute Seán Ó Briain
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    Jun 21st 2011, 9:34 PM

    Is he still up on the roof?

    21
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    Mute Thomas Cuddihy
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    Jun 21st 2011, 9:41 PM

    Unreal. What is going on in this world. Everyone is gone mad.

    16
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    Mute Alan Murphy™
    Favourite Alan Murphy™
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    Jun 21st 2011, 10:03 PM

    Well done journal. Not even a mention of it on rte fact or no fact. But sure it is only the forgotten city. Hope it ends without incident

    14
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    Mute Stephen Coughlan
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    Jun 21st 2011, 9:48 PM

    There’s a video on you tube someone has posted.

    14
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    Mute Kathleen O Toole Tighe
    Favourite Kathleen O Toole Tighe
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    Jun 21st 2011, 11:23 PM

    I was saying that because if you look above even gavan got a red thumb for replying to a query ?? For some reason. I know the red thumbs doesnt have to mean the comment is bad just seems very childlish that someone gave red thumbs for his answer.

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    Mute Ferg Breen
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    Jun 22nd 2011, 12:40 AM

    Mentioning the ‘red thumb’ is a sure fire way to guarantee red thumbs!

    14
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    Mute Gort Alainn
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    Jun 21st 2011, 11:44 PM

    Am interested to know exactly what ‘local reports’ indicated an automatic weapon was in use. A bunch of young lads with their blas educated on firearms by Call of Duty perhaps?

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    Mute Alan Murphy™
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    Jun 22nd 2011, 12:18 AM

    He probably doesn’t know what a blaa is. That part of the city is notorious for the amount of eastern Europeans

    13
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    Mute mick norris
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    Jun 21st 2011, 9:51 PM

    Any update?

    8
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    Mute mick norris
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    Jun 21st 2011, 10:19 PM

    Are we allow to post external links?

    7
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    Mute Gavan Reilly
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    Jun 21st 2011, 10:20 PM

    Mick – We’d prefer if you sent it into tips@thejournal.ie so we can have a look at it first, if you don’t mind?

    17
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    Mute Kathleen O Toole Tighe
    Favourite Kathleen O Toole Tighe
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    Jun 21st 2011, 11:11 PM

    @ journal get rid of them bloody red thumbs i swear there is someone just going on here just to give red thumbs

    7
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    Mute Robert Scally
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    Jun 21st 2011, 11:19 PM

    @Kathleen just because your comments are bad doesn’t mean you have to blame it on the red thumbs

    39
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    Mute Ando Winters
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    Jun 22nd 2011, 10:51 AM

    i didnt say that what the guy was doing was right, we dont know the full details if the story, you i belive ar

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    Mute Ando Winters
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    Jun 22nd 2011, 10:57 AM

    are angry & embarrased because it ‘put you out’
    nice to know you put the apartment ahead of someones life!
    i rather be a good samaratin than a selfish person.

    5
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    Mute Joanie Hutchinson
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    Jun 22nd 2011, 12:11 PM

    I’m sorry! I completely understand what Ando and Marco are saying. I really didn’t want to upset you at all. I can obviously get very hot headed and mindlessly rant. It has nothing to do with letting the apartment, it doesn’t make a difference to me but explaining this story to the man who owns it who is under enormous pressure to find somebody for it upsets me! The social problems effecting Waterford don’t seem to be getting any better and it effects me more than you may think. For such a small City I find it frightening. There’s a bigger picture to this but I’m not thinking about myself in the way you think! I’m really sorry again for upsetting you! I’ve learned my lesson and should explain myself better! I am grateful that nobody was shot!

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    Mute Ando Winters
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    Jun 22nd 2011, 12:39 PM

    i accept your apology. times ar

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    Mute Countycork123
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    Jun 21st 2011, 10:16 PM

    @Stephen have you got the link?

    4
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    Mute Ando Winters
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    Jun 22nd 2011, 1:06 AM

    what happening now?

    4
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    Mute Ando Winters
    Favourite Ando Winters
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    Jun 22nd 2011, 10:20 AM

    jeez sorry for asking!

    3
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    Mute Ando Winters
    Favourite Ando Winters
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    Jun 22nd 2011, 12:49 PM

    e hard for everyone these days

    3
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    Mute Joanie Hutchinson
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    Jun 22nd 2011, 1:32 PM

    Thanks and sorry again for the upset! It wasn’t what I intended! Heat of the moment rant!

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    Mute Joanie Hutchinson
    Favourite Joanie Hutchinson
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    Jun 22nd 2011, 10:29 AM

    Great advertisement for Waterford! The week before the Tall Ships arrive! I was down there, was suppose to show an apartment, wanted the ground to open and swallow me up! What can you say!!!! Felt like shouting at him to blow his head off and get it over and done with and stop wasting peoples f’&king time! Waste of space!

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    Mute Ando Winters
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    Jun 22nd 2011, 10:35 AM

    what an insensitive comment to make!

    so you rather the guy kill himself so your buyer/renters can take your property? you should be ashamed of yourself.

    10
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    Mute Joanie Hutchinson
    Favourite Joanie Hutchinson
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    Jun 22nd 2011, 10:42 AM

    I’m selfish! I’m selfish!!! Am I the one wasting police time????Am I the one putting at other peoples lifes at risk??? Who is the one trying to get by and make a living??? Go be a Good Samaritan somewhere else!

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    Mute Marco Van Blastem
    Favourite Marco Van Blastem
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    Jun 22nd 2011, 11:46 AM

    Without doubt the worst comment I have yet to read on the journal. The unfortunate story of this man’s desperation will come out in time I am sure and I, like the vast majority of the public and unlike you it seems, am glad that he didn’t choose to blow his head off just to lessen your temporary inconvenience. I’m sorry but people like you who display such insensitivity and ignorance actually make my stomach sick. This man obviously needs psychiatric help and not a bullet to his head as you seem to think.

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    Mute jaune Hendy
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    Jun 22nd 2011, 7:52 AM

    is it red thumbs down day. cool

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