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Wal-Mart Fails to Kill Wage Class Action

The Recorder

February 7, 2007

It took three 9th Circuit judges 18 months to decide that the country's biggest-ever employment class action can proceed. Judging by the words of Wal-Mart's lawyer after the ruling, the future holds a lot more for the litigants, who say they were paid less and promoted less frequently because of their gender. Theodore Boutrous Jr. of Gibson, Dunn & Crutcher, who argued for Wal-Mart, said the company will seek rehearing. And if it loses again, he said, the company is prepared to go to the Supreme Court.

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