Fallout From Wal-Mart Case Begins
June 21, 2011, Tony Mauro, The National Law Journal
The Supreme Court's blockbuster decision Monday in Wal-Mart v. Dukes, tossing out the biggest discrimination class action in history, is already having an impact on the Supreme Court's docket — and in one instance, it is affecting a case that does not seem related, at first blush.
Today, Philip Morris filed a supplemental brief arguing that the WalMart decision Monday makes its case all the more worthy of review — in part because the Wal-Mart ruling's restrictions on federal class actions will give plaintiffs more incentive to "push the limits" in state courts. The brief was filed by Alan Untereiner of Robbins, Russell, Englert, Orseck, Untereiner & Sauber with Miguel Estrada of Gibson, Dunn & Crutcher, Paul Clement of the Bancroft firm, and Phillip Wittmann of Stone Pigman Walther Wittmann of New Orleans also on the brief, among others.