Unit II: Walmart Stores, Inc. v. Dukes, Cost-Benefit Analysis of a Lawsuit

Briefing Paper, Critical Legal Thinking
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Briefing Paper 1: Critical Legal ThinkingWalmart Stores, Inc. v. Dukes
The class action lawsuits are undertaken to bring on board all people with interest in the suit, and while it is difficult to have all interested parties in a suit the joinder requirement is impractical (Cheeseman, 2013). Hence, the class action is preferred for efficiency in litigation, while protecting the interests of absentees and spreading the litigation costs.
The requirement for class certification includes numerosity where the number of class members cannot all be enjoined in a group (Jentz, Miller & Cross, 2010). Commonality is another requirement that focus on questions of law or fact that pertains to the class. Another condition is typicality where the claims are typically those of a class action. The fourth requirement is adequacy related to the notion that the class representative will protect the interest of other class members fairly and adequately (Jentz, Miller & Cross, 2010).
After the failure of the class lawsuits against Walmart, the employees are more likely to pursue cases individually when faced with employment discrimination. The Walmart Stores, Inc. v. Dukes highlighted the case of commonality for class certifications to succeed, as the women had various positions including supervisors and their job conditions were diverse.
Businesses are likely to suffer poor reputation in case of class action lawsuits because of the perception that they have bad work practices and conditions. When the lawsuits are certified, business is likely to pay damage to the class members.
Briefing Paper 2: Law Case with Answers: Cost-Benefit Analysis of a Lawsuit
The probability of winning or losing: the threshold is $ 1,000,000 for winning the case and similar amount in case of loss
The amount of money to be won or lost: this depends on the circumstances and how long the workers have been employed.
Lawyer’s fees and other costs of litigation- the lawyers’ fees increase when it is a class action lawsuit, but since the business procure services from a specific law firm and this is negotiable.
Loss of time by managers and other personal: This also depends on the circumstances and there is no threshold as each case is different.
The long-term effects on the relationship and reputation of parties: the threshold is $ $1,000,000 for a single case, but this is likely to rise through branding exercises.
The amount of prejudgment interest provided by law: the amount to be paid is calculated using simple interest at 8 % per annum, depending on the terms of a contract.
The aggravation and psychological costs associated with the lawsuit: it is difficult to evaluate the psychological costs, but the business compares similar lawsuits
The unpredictability of the legal system and possibility of error-The business sets a threshold of $ 500,000 before waiting judgment of a lawsuit
Other factors peculiar to the parties and lawsuit- Such factors are unique and are considered based on the circumstances since there are divergent details to the lawsuits.
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