On July 9, 2012, the Pennsylvania Supreme Court entered an order granting review of one issue for which Wal-Mart sought appellate review in this case. The issue, as rephrased by the Court, 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.”
As a result, a briefing schedule and argument date will be set by the Court. Class Counsel do not expect the appeal to be argued before February 2013. It is unlikely that a decision from the Pennsylvania Supreme Court will be issued before 2014.