Plaintiffs' Claims In Wal-Mart Survive To See The Light Of Another Day - Court Denies Wal-Mart's Request For Interlocutory Appeal

We previously blogged about Judge Charles R. Breyer’s September 21, 2012 Order denying Wal-Mart’s motion to dismiss the fourth amended complaint in the continuing saga of Dukes v. Wal-Mart Stores, Inc., No. 3:01-CV-02252 (N.D. Cal. Sept. 21, 2012). In the September 21 Order, Judge Breyer refused to dismiss Plaintiffs’ fourth amended complaint, which narrowed the scope of Plaintiffs’ class claims to current and former California female employees, yet attempted to establish commonality by alleging that the source of bias was a discrete group of California district and regional managers. In refusing to dismiss the fourth amended complaint, the Court held that the fourth amended complaint stated allegations that could -- if supported by evidence at the class certification stage -- satisfy Rule 23’s requirements. It also held that Plaintiffs claims were tolled, allowing otherwise time-barred claims to proceed.

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