SETTING UP A WALMART WIN IN DUKES…

While I, and others here, maintain a tight focus on Dukes v. Walmart, the case will almost certainly go before the Chief Justice Roberts’ version of the U.S. Supreme Court, and the players are positioning themselves for that final showdown.
From Antitrust & Competition Policy Blog:

Dukes is likely to affect certification of antitrust class actions (and thus, the incentives to settle cases of questionable merit). As one court has put it, because of the enormous stakes involved in class actions, the “basic truth about class action litigation” is that “the fight over class certification is often the whole ball game.” Because Dukes lowers the bar to class certification in the Ninth Circuit, businesses that may be targeted by antitrust class actions should be prepared to face more litigation there, and should be sure to preserve important issues for potential Supreme Court review.

Walmart, as the proxy for all corporations doing business in the United States, doesn’t need to just win Dukes, it needs to have the whole process thrown out by the U.S. Supreme Court. What is at stake here is corporate dominance of the American legal and political systems, not back pay owed to a few (relatively speaking when the case is viewed in light of workers for all corporations) Walmart employees.