Wal-Mart Stores Inc. lost a bid to dismiss an 11-year-old gender discrimination lawsuit brought on behalf of workers in California after the U.S. Supreme Court barred a lawsuit representing Wal-Mart employees nationwide.
U.S. District Judge Charles Breyer in San Francisco said in an order Friday that the plaintiffs have proposed a reduced class size to between one and several hundred thousand members.
The reduced class could be certified, Breyer wrote, if it made a showing consistent with the Supreme Court's decision that a nationwide class action isn't appropriate.
Breyer rejected Wal-Mart's bid to dismiss the case, an argument made on grounds that even the reduced class size suffers from the problems that led the Supreme Court to bar a nationwide class certification, according to the ruling. Breyer said he reserves for later determination if the class should be certified.