Monday, March 28, 2011

Will Class Action Suits Based On Employment Discrimination A Dead Issue? Is Summer Inman Dead?











Two different types of potentially dead issues...





Christine Kwapnoski and Betty Dukes v. Wal-Mart


Christine Kwapnoski is a named plaintiff in a suit against Wal-Mart which alleges that male employees make more than female employees. Christine claims she was told to "doll up" or "blow the cobwebs off" her make-up. This 46-year-old single mother decided to become one of the two faces of the lawsuit that will be argued at the U.S. Supreme Court on Tuesday. The other is Pittsburg greeter Betty Dukes. The court will decide if the suit can go forward as a class action that could involve 500,000 to 1.6 million women. Potentially billions of dollars are riding on the court's decision. Perhaps more significantly, the decision may also be crucial to the general viability of class action discrimination suits. Class actions increase pressure on businesses to settle suits because of the potential massive defense costs. The issue before the court could end class action employment discrimination suits under Title VII of the Civil Rights Act of 1964. Brad Seligman, a California-based lawyer, filed the suit nearly ten years ago. Wal-Mart argues that class action suits include too many women with too many different positions. Wal-Mart claims that its policies prohibit discrimination and that most management decisions are made at the store and regional levels, not at its Bentonville, Ark., headquarters. Wal-Mart is represented by Theodore J. Boutrous. Both Christine Kwapnoski and Betty Dukes continue to work at their local Wal-Mart. Both will be very interested in Tuesday's argument. If Wal-Mart prevails, class action lawsuits based on employment discrimination will become a dead issue.

Update 6-20-11: The Supreme Court unanimously agreed that the class action suit may not continue as a class. Huge victory for corporate America. The individual plaintiffs may continue with their cases; however, there will be no class action.



Summer Inman's Disappearance Turns Into Murder? The hopes of finding Summer Inman alive is slowly becoming a dead issue. While Summer is not a high profile litigant in the U.S. Supreme Court, her photo, which has been scattered all over the news media, has made her one of the more recognizable women in the Midwest. Summer is a beautiful 25 year old mother of three who was apparently kidnapped last Tuesday. She is 5-foot-3 and 120 pounds with light hair, blue eyes and fair skin. Police believe she was kidnapped in the town of Logan which is southeast of Columbus. She was apparently forced into a car by two men outside a Logan bank late Tuesday night. Fox8.com. Columbus Dispatch. The lack of callers reporting the seeing of her recognizably beautiful face makes it extremely unlikely that she is still alive. William Inman II, the 26-year-old husband of Summer and his parents (William and Sandra Inman) have been apparently arrested and charged in connection with Summer's disappearance. A hearing is scheduled to determine whether they'll be sent from Jackson County back to Hocking County. According to the Columbus Dispatch, Summer and William were going through a messy divorce. Apparently at issue were the custody of their three kids. Based on past articles, this has become all too common of a theme. LEGAL PUB PROPOSAL TO REDUCE DOMESTIC VIOLENCE. While family is holding out hope, the probability of Summer being found alive is dwindling.

All suspects, including William Inman II and his parents are presumed innocent unless otherwise proven in a court of law.

18 comments:

Anonymous said...

Do they have any evidence to pin the blame on the hubby? No, I think not. The man is always the chief suspect!

Anonymous said...

They must have something on him to have charged him!

Anonymous said...

Bet Walmart is getting nervous!

Anonymous said...

Police want neighbors to search areas near a roadway for signs of recent suspicious activity or for clothing worn by Summer when she was abducted from the Century National Bank in Logan.

Anonymous said...

The husband and the father in law were in trouble before. The Vinton County sheriff’s office responded to a call to the elder Inman and Sandra’s previous residence in Dec. 2010. Summer and Adam Peters, her boyfriend, were at the home to picking up personal property when a fight occurred. The elder Inman allegedly threatened to shoot Peters. He was arrested and charged with disorderly conduct.

Anonymous said...

Seems like a control issue may be at the root of the violence. I read LEGAL PUBS PROPOSAL TO REDUCE DOMESTIC VIOLENCE. I got to say i agree with his premises. Removing incentive to fight over child custody makes divorce more palatable for many.

Anonymous said...

This Wal-Mart case is of huge significnce. Carter G. Phillips, Managing Partner of the Washington D.C. office of Sidley Austin LLP and a frequent Supreme Court advocate, wrote the Defense Research Institue's amicus brief in the Dukes case. Professor Martin H. Redish, law professor at Northwestern University School of Law, has written extensively on class actions. Both of these experts seem to think this case could forever reshape the theclass action landscape.

Brenda said...

I saw Headline News did a special on this suit today. You beat them by 24 hours.

Anonymous said...

But it seems all of the plaintiff's are so different that it is unfair to lump them all together and allow statistics to be used against the company when they may not apply to an individual plaintiff.

Video Guy said...

Yes, joint custody should be the rule of law unless one of the partners is proven to be unfit to parent, but that would dramatically reduce the profits of the divorce lawyers.
The way the system is set up now the courts automatically accuse the father of being unfit to parent and he has to prove differently with a lawyer.
If a father is caught having an affair that leads to divorce than it is just he should have to prove good parenting, but if the mother is guilty of the same thing, the same rules do not apply.

Statistics will prove that it is the mother that is more likely to kill her children than the father.

Joint custody should be the rule and children should not be used for revenge, and profit for some.

Video Guy said...

As for Wal-Mart. Woman and children have always been discriminated against in the work place…but that stems from religious beliefs. Until civilizations embrace science and logic instead of mystical deities, things will not change.

Anonymous said...

Video guy: a billion dollars in compensatory and punitive damages will definitely adjust Wal'Marts thinking!

Anonymous said...

Video Guy: Agreed. Joint physical custody should be the presumption even if it cuts into the multibillion dollar legal fee system

Video Guy said...

They found this mother stuffed in a septic tank and believe the father and his parents were involved.
There has to be some kind of deep hatred built up for such an act upon someone they know.

Anonymous said...

V.G.: Very gross! Figured they must have something on these suspects to have charged them!

Anonymous said...

Wow thanks. this is right on point.

Anonymous said...

Made it easy to identify the issue thanks. :)

Legal Pub said...

Update 6-20-11: The Supreme Court unanimously agreed that the class action suit may not continue as a class. Huge victory for corporate America. The individual plaintiffs may continue with their cases; however, there will be no class action.