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Old 06-20-2011, 03:51 PM   #1
Lily Kerns
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Default Just curious--Walmart class action suit

"Supreme Court blocks huge sex bias lawsuit by women" at Wal-Mart saying, as I read it, that there isn't enough connection between this huge number of people for it to be a reasonable class action lawsuit. Do I have that right?

Now I'm just curious if this is likely to relate in any way to the Disney issues?
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Old 06-20-2011, 05:25 PM   #2
Bob.Kerns
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I ain't no lawyer -- talk to my brother -- but I don't think so.

The Walmart case was (they argue) a bunch of unrelated incidents. The other side argued (and lost) that they were connected by a failure to have policies in place to prevent them.

The Disney case is about a single, uniform policy applied to all ADA access by Segways.

It was certified as a class action, even over the objections of everybody except the judge and the plaintiff and defendant. And we want this particular case to be DECERTIFIED. But I don't think the Walmart case will do it. The issue here is that the plaintiffs do not in fact in any way, shape, or form, represent the class in this, AS WELL AS the matter at hand, of the ADA and access.

Of course, we'd take a victory if they won, but it was a pretty dodgy "class", with people who don't even use Segways on a daily basis. Pick someone without legs or something, and file in CA instead of FL.

Is it possible for involuntary members of a class to sue the class lawyers for inadequate representation?
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Obviously, we can't have infinite voltage, or the universe would tear itself to shreds, and we wouldn't be discussing Segways.
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Old 06-21-2011, 10:25 AM   #3
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Quote:
Originally Posted by Bob.Kerns View Post
I ain't no lawyer -- talk to my brother -- but I don't think so.

The Walmart case was (they argue) a bunch of unrelated incidents. The other side argued (and lost) that they were connected by a failure to have policies in place to prevent them.

The Disney case is about a single, uniform policy applied to all ADA access by Segways.

It was certified as a class action, even over the objections of everybody except the judge and the plaintiff and defendant. And we want this particular case to be DECERTIFIED. But I don't think the Walmart case will do it. The issue here is that the plaintiffs do not in fact in any way, shape, or form, represent the class in this, AS WELL AS the matter at hand, of the ADA and access.

Of course, we'd take a victory if they won, but it was a pretty dodgy "class", with people who don't even use Segways on a daily basis. Pick someone without legs or something, and file in CA instead of FL.

Is it possible for involuntary members of a class to sue the class lawyers for inadequate representation?
I'm no lawyer either but I agree that the two cases share little in common.

You know we don't believe in litigation and only get involved when forced to, but Bobs on the money on the where to sue and who should do it if they were so inclined.
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