Tag Archives: wal-mart

Tort/Negligence – Premises Liability – Constructive Notice – Snake in Wal-Mart (access required)

Jones v. Wal-Mart Stores, Inc. Given that (1) plaintiff’s testimony indicates the snake that caused his injury was hidden prior to the attack; (2) two Wal-Mart employees testified no one notified them of a snake on the premises prior to the attack on plaintiff; (3) the Wal-Mart employees also testified they conducted safety sweeps and used “Snake Away,” further indicating Wal-Mart was not negligent in failing to discover the snake; and (4) plaintiff’s expert merely speculated as to when the snake actually entered the store, plaintiff has not forecast evidence that Wal-Mart had constructive notice of the snake on its premises.

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Judge dismisses class action against Family Dollar   (access required)

A U.S. District Court judge in Charlotte has dismissed a class-action lawsuit that accuses the Family Dollar discount-store chain of discriminating against female employees. The plaintiffs in Scott v. Family Dollar Stores, Inc. failed to meet the standard for class claims set by the U.S. Supreme Court’s landmark decision in Dukes v. Wal-Mart Stores, Inc., Judge Max O. Cogburn Jr. determined in a Jan. 13 order.

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Family Dollar chain hopes to benefit from Wal-Mart ruling (access required)

A class-action gender discrimination lawsuit against the Carolina-based Family Dollar chain of discount stores has been lingering in the U.S. District Court in Charlotte since 2008, but the case will reach a crossroads this week. At issue is whether the plaintiffs in Scott v. Family Dollar Stores, Inc. should be allowed to change their original complaint in the wake of the U.S. Supreme Court’s landmark ruling earlier this year in Dukes v. Wal-Mart Stores, Inc. Judge Max O. Cogburn Jr. will hear arguments Nov. 22 on the plaintiffs’ motion to amend and the defense’s motion to dismiss the class action. The fate of the case essentially hangs in the balance of Cogburn’s ruling.

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In wake of Wal-Mart, lawyers worry about fate of class actions (access required)

The U.S. Supreme Court’s decision to deny class-action status to a group of women suing Wal-Mart for discrimination will roil the practice of employment law in South Carolina and across the country, legal observers say. “This is going to come up now every time you have a national client involved,” said M. Malissa Burnette, a specialist in employment and labor law with Callison Tighe & Robinson in Columbia. “For plaintiffs who attempt to do a lot of class actions, this is going to be a big deal.”

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