Sixth Circuit To Consider Whether Former Dukes Plaintiffs’ Claims Are Timely

While Wal-Mart scored a major victory for employers in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011), the former class members are continuing to try and regain some of the ground they lost. As reported here, here,  here and here, several district courts have considered whether or not the claims of former Dukes plaintiffs who filed follow-on lawsuits after the landmark decision are time-barred, with varying results. The U.S. District Court for the Western District of Tennessee dismissed the plaintiffs’ claims as time-barred in Phipps, et al. v. Wal-Mart Stores, Inc., No. 3:12-CV-01009, 2013 WL 752152 (W.D. Tenn. 2013), but encouraged appellate review in its order.  Now, the Sixth Circuit has agreed to entertain an interlocutory appeal on this issue in Phipps, et al. v. Wal-Mart Stores, Inc., No. 13-6194 (6th Cir.), and a showdown in the U.S. Supreme Court may be forthcoming.

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