Braun v. Wal-Mart Stores, Inc.
In this class action resulting in a $188 million judgment against Wal-Mart for failure to pay employees for rest breaks and off-the-clock work, Public Justice joined in an amici brief to the Pennsylvania Supreme Court authored by the Impact Fund and rebutting Wal-Mart’s claim that its due process rights were violated because it was not permitted at trial to contest each class member’s claim individually.
The brief explained that courts in a variety of class action contexts around the country have successfully employed reasonable and fair procedures incorporating various types of aggregate proof.
On December 15, 2014, the Pennsylvania Supreme Court upheld the class judgment against Wal-Mart.
Jocelyn Larkin, Della Barnett, and Michael Caesar of the Impact Fund drafted the brief, Alan Feldman of Philadelphia served as local counsel, and Public Justice’s Victoria Ni contributed to the brief.
Pennsylvania Supreme Court Majority Opinion (December 15, 2014)
Pennsylvania Supreme Court Dissent (December 15, 2014)
Braun v. Wal-Mart Amicus Brief (January 22, 2013)