Class Action News

Last fall, we asked if time was on Wal-Mart's side as it battles the spate of regional sex discrimination class actions that were filed in the wake of the U.S. Supreme Court's decision in Wal-Mart v. Dukes. The company and its lawyers at Gibson, Dunn & Crutcher certainly think it is, and now they've gotten a second judge handling one of the mini-Dukes cases to agree. 

On Feb. 27, the Supreme Court will hear arguments in American Express v. Italian Colors Restaurant. AmEx is hoping the court will enforce a contract requiring its retail customers to arbitrate disputes. And, as has been the recent practice when the Supreme Court hears an arbitration case, an array of Chicken Littles are suggesting that a Supreme Court decision enforcing the contract will result in the end of the class action.

Ted Frank, the crusader for class action reform, has torpedoed a deal that would have paid $3 million to a class of consumers, more than $14 million to plaintiffs lawyers, and roughly $18 million to charities designated by the parties.