Dalia Dippolito Lawyer Files for Retrial -- Not Going for Reality TV Defense This Time

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• As a lawyer who used to bring class-action discrimination lawsuits for a living, I am puzzled by press sympathy for the massive, meritless class-action lawsuit against Wal-Mart. In it, six female employees are suing for billions of dollars in a San Francisco court in the name of at least 500,000 other female employees across the nation whom they have never met and share little in common with other than gender (many of whom are perfectly happy with Wal-Mart). The Supreme Court heard arguments this morning in the case, expressing skepticism about whether the case should be litigated as a class-action, rather than in individual lawsuits by those workers who allege discrimination.The Justices should be skeptical: the case is being brought as a class-action not because it needs to be brought as a class action to give workers a fair shot, but rather as an excuse to let a liberal San Francisco jury hold Wal-Mart liable for discrimination when most courts in America would dismiss the lawsuit as baseless (and even if they didn’t, a jury in most regions in America would probably rule in favor of Wal-Mart). This lawsuit was filed in San Francisco, which is widely understood to be one of the most anti-employer, anti-business areas of the country, where courts have found employers guilty of discrimination based on junk science.

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