Following the decision in Dukes v. Wal-Mart Stores, Inc. (9th Cir. Apr. 26, 2010), Wal-Mart is already in full spin control mode. In a statement released through PR Newswire, Wal-Mart expressed how happy it was that a class action involving hundreds of thousands of employees would proceed against it:
We are pleased that the court agreed with our position on several critical issues. The court significantly reduced the size of the originally certified class by as much as two-thirds. Finding that the trial court 'abused its discretion,' the appeals court also set aside the ruling on punitive damages.
Perhaps the rosy glow will fade when Wal-Mart realizes that several issues are simply returning to the trial court for further analysis. For example, punitive damages may very well be certified on terms identical to the original order: "With respect to the claims for punitive damages, we remand so that the district court may consider whether to certify the class under Rule 23(b)(2) or (b)(3)." Slip op., at 6147. Don't say anything to Wal-Mart about this just yet; even Wal-Mart deserves some happiness, no matter how brief.