Opinion
Nos. 551 EAL 2011 552 EAL 2011.
2012-07-2
Michelle BRAUN, On Behalf of Herself and All Others Similarly Situated, Respondent v. WAL–MART STORES, INC., A Delaware Corporation, and Sam's Club, An Operating Segment of Wal–Mart Stores, Inc., Petitioners. Dolores Hummel, On Behalf of Herself and All Others Similarly Situated, Respondent v. Wal–Mart Stores, Inc., A Delaware Corporation, And Sam's Club, An Operating Segment of Wal–Mart Stores, Inc., Petitioners.
Petition for Allowance of Appeal from the Order of the Superior Court, Nos. 551 EAL 2011, 552 EAL 2011.
Prior report: Pa.Super., 24 A.3d 875.
ORDER
PER CURIAM.
AND NOW, this 2nd day of JULY, 2012, the Petition for Allowance of Appeal is GRANTED, LIMITED TO the issue set forth below. Allocatur is DENIED as to all remaining issues. The issue is:
Whether, in a purported class action tried to verdict, it violates Pennsylvania law (including the Pennsylvania Rules of Civil Procedure) to subject Wal–Mart to a “Trial by Formula” that relieves Plaintiffs of their burden to produce class-wide “common” evidence on key elements of their claims.
Further, Petitioners' Applications for Leave to File Post–Allocatur Communications and a Reply are DENIED as moot.