On December 15, 2014 the Pennsylvania Supreme Court delivered an opinion which affirmed a class action result. Of at least equal importance, the Supreme Court approved the class action procedures before and at trial which led to that result. The majority opinion is here: Download Braun v. Wal Mart Stores (Pa. Dec. 15, 2014) Majority Opinion.
The Braun class action went to trial on claims of liability for Walmart's alleged failure to comply with Pennsylvania wage and hour laws and with Walmart's own company policies governing employee compensation including wages and hours. The jury returned a verdict for $187,648,598.00 for Walmart's acts which the jury found did not comply with either Pennsylvania law or Walmart's own company rules.
The defendant argued on appeal that the result in this case was prohibited by U.S. Supreme Court decisions. The Pennsylvania Supreme Court disagreed. It is of major significance to the outcomes in the trial court and in the appellate courts alike that the jury verdict in this case is "based on Walmart's own business records." [Emphasis added.]
A good explanation of the Braun result and the class action issues involved in it, is by Victoria Ni, Esquire, Managing Attorney, at Public Justice on December 16, 2014.
The effect of this Pennsylvania Supreme Court decision on insurance class action cases is predictably going to be huge.
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