Wal-Mart’s effort to kill the new iteration of the long-running Dukes gender discrimination suit with an early trip to the Ninth Circuit was rebuffed Monday.
U.S. District Judge Charles Breyer of San Francisco wrote in a nine-page order denying Wal-Mart’s request for an interlocutory appeal that early review wouldn’t “materially advance” the litigation and that there is “no substantial grounds for difference of opinion” on whether the plaintiffs have yet demonstrated a sufficient commonality of discrimination against female employees on a corporation-wide basis.
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