SAN FRANCISCO — A feisty Ninth Circuit U.S. Court of Appeals peppered lawyers for Wal-Mart and a gigantic class suing over gender discrimination, with neither side emerging Tuesday as the clear victor.

Gibson, Dunn & Crutcher partner Theodore Boutrous Jr. played to a packed house as he argued that the district court applied the wrong standard in granting certification to female Wal-Mart workers. He quickly ran into Ninth Circuit Judge Marsha Berzon, a former labor lawyer who aggressively pointed out that the women didn’t have to prove actual discrimination at this point, just commonality of the class.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]