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Paul Sakuma/AP

US Supreme Court blocks major sex action against Wal-Mart

The court votes 5-4 to block a billion-dollar lawsuit, because there are simply too many women looking to take part in it.

THE UNITED STATES’ Supreme Court has voted to block a major sexual discrimination lawsuit against retail giant Wal-Mart – because there would be too many women seeking to take part in the case.

The court voted by 5-4, along party lines, to reverse a prior decision of the 9th Circuit Court of Appeals – finding that the 1.6 million women who would potentially take part in the class action lawsuit simply could not all have shared common ground to bring a single, aggregated case.

The case, if Wal-Mart had lost, could have seen the retailer forced to pay billions in damages over allegations that it had systematically preferred male employees for promotions and pay raises.

The majority decision, written by Justice Antonin Scalia, found that the myriad plaintiffs would have to all share common circumstances for the case to be allowed to proceed – something which was “entirely absent here”.

Justice Ruth Bader Ginsburg, of the minority, said the policy over pay and promotions was evidently “uniform throughout all stores”.

AP reported that documents lodged with the case, which dates from 2001, showed how only one in seven store managers were women, compared to 80 per cent of low-ranking supervisory jobs.

Wal-Mart had responded that women had made up two-thirds of all of its managers at that time.

The landmark decision will make it much more difficult for businesses to face class action lawsuits in future, with courts now being obliged to find a common thread among every single complainant before cases can be brought.

Opponents of the case had argued that a successful case would have allowed corporations be prosecuted for even seemingly vague complaints. The Guardian reported that Microsoft and General Electric had written to the court expressing such worries.

The defeated women bringing the cases have acknowledged that the ruling is a blow, but told AP they would continue to bring their complaints on a private, personal basis.

In a statement, Wal-Mart said it was “pleased” and satisfied the court had made the right decision.

“The Court today unanimously rejected class certification and, as the majority made clear, the plaintiffs’ claims were worlds away from showing a company-wide discriminatory pay and promotion policy,” it said.

Additional reporting by the AP

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4 Comments
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    Mute Modern Day Ireland
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    Sep 18th 2014, 1:02 PM

    It should be banned.. Too many greyhounds suffer because of this trade . The mass graves around the country prove that there is no love for the animal here. It’s all about money. These greyhounds are a living breathing creature. Amount of greyhounds needing homes in this country is very high and they are complete pets. Don’t support this industry. It’s a cruel one

    92
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    Mute martina
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    Sep 18th 2014, 1:40 PM

    Totally agree, so many dumped bodies of Grey Hounds found here in Limerick and no one to answer to it. Our local Animal shelter is full of them, a lot are extreme cruelty cases. Usually the dogs ears are cut off so the authorities cannot identify the owners tattoo/ Brand that racing dogs are given.they suffer so badly after they no longer win races. Should be banned end of story.

    62
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    Mute gastrophase
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    Sep 18th 2014, 2:41 PM

    My posts with facts are being removed, but please look the stats up – how many greyhounds are killed in pounds, how many dumped, how many estimated killed and dumped. In just one year on a small island. And then make your decision if this industry is worth supporting in any way.

    37
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    Mute JPS
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    Sep 18th 2014, 1:49 PM

    Just know when you go the track that the few select greyhounds in the trap, came from mass breeding and the other dogs who didn’t meet the grade get dumped.

    You bet they die!

    And they make great pets! I know first hand! Rescue a pointy!!!

    64
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    Mute Matt Byrne
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    Sep 18th 2014, 1:51 PM

    Derby was held last week..not standing room at shelbourne park..packed out. Brilliant sport. Ya always have the doom and gloom club.

    36
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    Mute Modern Day Ireland
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    Sep 18th 2014, 1:56 PM

    Are you involved in rescue???Coz I presume you don’t so therefore the doom and gloom club are most likely the people picking up the horrible pieces to this industry. And the ones going to these places are the ones keeping it going… Do you even know half of what goes on in this seedy business?

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    Mute JPS
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    Sep 18th 2014, 2:04 PM

    Systemic problem from Alabama to Limerick!! It’s not an isolated incident and to think so is just delusional.

    The statistics for Greyhounds destroyed in Ireland don’t even have to be released! Strange that! I wonder why? All the pounds release the figures for other breeds.

    But sure who cares once a couple of fat guys have a flutter and add to their beer bellies at the track right?

    http://www.greyhoundfriendsforlife.org/press_release.htm

    http://www.thejournal.ie/mass-grave-for-racing-greyhounds-discovered-in-limerick-413486-Apr2012/

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    Mute gastrophase
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    Sep 18th 2014, 2:38 PM

    Amazing, I provided stats for how many greys are killed in pounds and my posts were removed.

    25
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    Mute Modern Day Ireland
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    Sep 18th 2014, 2:40 PM

    Can the journal please explain this as I seen your posts ! Put the stats back on the comment section.

    21
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    Mute vv7k7Z3c
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    Sep 18th 2014, 2:42 PM

    Hi Gastrophase – stats on the number of greyhounds being killed in pounds are fine, but personal comments about those involved in the industry are not. Here’s our comments policy if you want to have a quick read: http://www.thejournal.ie/comments-policy/

    12
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    Mute gastrophase
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    Sep 18th 2014, 2:49 PM

    427 greyhounds killed in 2013 in pounds alone. Huge numbers dumped into overflowing, stretched rescues. Who knows how many killed and buried… reports of mass graves. Dogs dumped in the fields with their ears cut off to remove ID tattoos.
    See section on greyhounds: http://www.animaladvocacy.ie/pound-statistics-2005-2013/

    If I’m not allowed to name such practices please everyone arrive at your own conclusion as to what kind of person does this and what kind of person associates with them.
    If you want to make a difference please support a greyhound charity instead.

    30
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    Mute John O' Sullivan
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    Sep 18th 2014, 1:51 PM

    Just because a small minority treat greyhounds badly doesn’t mean you can brand the whole industry cruel. If that was the case you should ban people from having pets just because some ignorant people treat their pets badly. Prosecute the individual don’t punish the whole group

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    Mute gastrophase
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    Sep 18th 2014, 3:37 PM

    John, this is usually a noble sentiment I often tend to agree with, but if you compare the number of greyhound racing owners in Ireland and the huge numbers of dogs killed/dumped I quoted, it’s easy to see that far from being an exception, the cruelty seems to be widespread and the industry is demonstrably either unwilling or incapable of purging itself of such owners.

    27
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    Mute Ave Tubridy
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    Sep 18th 2014, 1:20 PM

    I totally agree with you modern day Ireland

    33
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    Mute Lovely weather
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    Sep 18th 2014, 2:44 PM

    ‘Modern Day Ireland’, and others that have commented. Thank you,it’s good to see people tell the truth about this so called ‘sport’. When those that claim this is humane etc realise the truth behind the marketing nonsense, they too will realise what cruelty and abuse is involved. Look at the countless videos on YouTube that show the truth behind this money making business, and you too will, I hope, realise there’s only one thing that drives this industry… Money, no different to $eaworld in the US and circuses forcing wild animals to perform tricks in a tent with loud music and screaming ignorant people applauding. The wilful ignorance of certain members of the human race never fails to astound me. ‘It’s all about me, I don’t care about the animal suffering, once I have an enjoyable day out at their expense’. Lovely sentiment!

    28
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    Mute Aideen
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    Sep 18th 2014, 4:15 PM

    “…Joe Lewins said the partnership was a “win for all involved”…” yep all except the dogs! Here’s an example from just this week of the cruelty commonly inflicted, this greyhound was lucky enough to end up at Deise Animal Sanctuary http://goo.gl/yzQKG1 & http://goo.gl/4EsVvr

    28
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    Mute Darina Strong
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    Sep 18th 2014, 8:51 PM

    The greyhound industry as a whole is vile and cruel. Between doping the dogs to manufacture the odds, and the murdering of countless dogs every year because they are deemed useless, numerous cases of greyhounds ears being cut off when they’re dumped so they can’t be traced, and most recently a hound had its tattoo burned off with acid… it’s absolutely disgusting. The sooner it is outlawed the better. People need to wake up. The rescue centres are on their knees trying to clean up the mess the igb have created. If people want to watch racing, or bet on a sport try formula 1 or football, and don’t bet on an animals life…

    19
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    Mute John Fitzgerald
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    Sep 18th 2014, 10:45 PM

    Hare coursing is the worst scandal affecting the greyhound “industry…and the government blithely supports it. On August 13th, the minister for arts and heritage was quoted in the media, and on her department’s official website, as condemning the illegal shooting of a protected peregrine falcon. She stated “It is intolerable for birds of prey and other wildlife to be persecuted, poisoned or shot.” She also expressed concern that the incident might impugn our international image as a nation that treasures its wildlife heritage.

    Less than forty eight hours later, Minister Humphreys issued a license permitting the capture of hares for coursing, in which they will serve as live bait for greyhounds. Thousands of the timid creatures will be netted in the Irish countryside. A percentage will die as a result of bone breakages and other internal injuries sustained when they become entangled in the nets and struggle to break free.

    Some hares will die in captivity- an unnatural situation for an animal accustomed to the freedom of the wide open spaces. Others again will be found dead in the small cramped boxes in which they are transported to the coursing venues. And on coursing day a percentage will be mauled or forcibly struck by the muzzled but hyped-up greyhounds.

    The minister issued the hare coursing license despite numerous appeals from animal protection and conservation groups not to do so and several online petitions that attracted thousands of signatures from people around the world. It would appear, to paraphrase one of the characters in Orwell’s Animal Farm, to be a case of “Two claws good, four legs bad” as far as the minister’s attitude to our wildlife heritage is concerned.

    I think I can safely predict that hare coursing will be banned SOME DAY in Ireland. It amounts to a form of deliberate cruelty to animals in the name of “sport” and has no scientific or pest control value. It has already been banned in several jurisdictions that once allowed it, such as Australia, New Zealand, Scotland, England and Wales, and most recently, Northern Ireland.

    I also predict that a future government here, after banning it, will apologise for the fact that such a barbaric practice took so long to abolish. Where would we be without the good old Irish government apology that comes late in the day… when it is safe to render and won’t cost a single vote?

    In the meantime, the hares must continue to run for their lives thanks to our present crop of cowardly politicians.

    10
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    Mute Ken Strong
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    Sep 18th 2014, 10:05 PM

    Anyone reading this who believes this vile , cruel and ignorant sport is about the dogs needs to wake up, the majority of greyhound trainers and owners in this country dont give a toss about the dogs … Look at the figures , its all about money, thomas Brophy , wakey wakey do you not see the disgusting images and stories carried here and on other social media re the plight of greys in this country ,
    Ban greyhound racing , disband the IGB and close the tracks. , then maybe the dogs will have a chance.

    10
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    Mute Thomas Brophy
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    Sep 18th 2014, 6:16 PM

    Clearly plenty people here have bigger gobs than any actual real knowledge about anything to do with greyhounds. Plenty people who have greyhounds treat them very well just like any other family pet. Just because some people are heartless and couldn’t care less about the dogs or anything doesn’t mean the other 99% them should be treated with the same brush!

    8
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    Mute Modern Day Ireland
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    Sep 18th 2014, 6:48 PM

    Well statistics show another side to it… Do you race your pet??? I know plenty of greyhound owners who are fantastic owners they do not race them.. Have you every had to pick up a poor beaten down soul abandoned in the middle of no where or witness one being dumped out of a car. These dogs are getting an awful doing just educate yourself with the rescues .. We are voicing our concern of what the gambling industry has done to these beautiful creatures and how man does not view them as anything but a quick bet. There are mass graves all around the country. This industry is not good for the welfare of the greyhound. They serve their purpose and then that’s it.. Most don’t have a good life after this… So if you love your greyhound like a pet you will understand why we are frustrated at this old sport still equals countless of abuse cases…

    20
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    Mute Rildo Olor
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    Sep 19th 2014, 2:29 PM

    Stop there only dogs here for our fun nothing else

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