ANTONIN SCALIA was no fan of class-action lawsuits. When plaintiffs band together to sue a company, he wrote in a 2011 Supreme Court decision, the result is often “trial by formula”—a mashing together of countless disparate claims that are impossible to adjudicate fairly. The Supreme Court followed up on Walmart v Dukes (when it rebuffed 1.5m female employees’ claim that Walmart discriminated against them) by whittling away at class-action litigation for a second time in 2011, as well as in 2012 and 2013. With Justice Neil Gorsuch now in the late Mr Scalia’s old seat, the justices are about to consider an employment-law dispute that could put new stumbling blocks before aggrieved workers seeking to combine forces in response to workplace slights.
On October 2nd, the first day of what promises to be a contentious term, the Supreme Court will hear one hour of argument for three consolidated cases: Epic Systems v Lewis, Ernst & Young v Morris and National Labour Relations Board v Murphy Oil....Continue reading
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