Additional Chapters In The Dukes Litigation Continue With Two Additional "Re-Booted" Complaints Filed Against Wal-Mart

As we predicted here and here, the plaintiffs' class action bar is increasingly focused on re-booting their class action stratagems in the wake of Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011). On October 27 and 28, respectively, Plaintiffs filed an amended complaint in the seminal case of Dukes, et al. v. Wal-Mart Stores Inc., No. 3:01-CV-02252 (N.D. Cal.), which reduced plaintiff’s claims to a regional class, and another tag-along lawsuit in Texas entitled Odle, et al. v. Wal-Mart Stores, Inc., No. 3:11-CV -2954 (N.D. Tex.). Both allege Wal-Mart gave female workers fewer promotions and paid those in salaried and hourly positions less than men in comparable positions, but they focused on smaller and regional groups of employees. In addition, as we reported here, plaintiffs also pursued an "attack by a thousand cuts.” By this tactic, the plaintiffs’ bar unbundled their array of claimants by filing multiple EEOC charges in different regions of the country.

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