Steven Malanga, in the Opinion Journal, on the class action “discrimination” suit against Wal-Mart. Malanga shows how little proof is required in some courts to transform the idiosyncratic grievances of a few employees (almost always misfits and/or slackers) into a nationwide class action on behalf of hundreds of thousands of individuals. The analysis through which this is accomplished is so tortured that readers may think that Malanga is making it up. As someone who has practiced in this area, I can assure you that his description is accurate. Fortunately, however, many courts have declined to go down the path Malanga describes. In a Kerry-Edwards administrative, that number would shrink.
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