NU Online News Service, June 27, 1:39 p.m.EDT

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US general liability products liabilityRating agencyMoody’s says a recent Supreme Court ruling in favor of Wal-Mart—andthe high burden of proof it puts on future plaintiffs—is creditpositive for corporate America, including insurers of corporateliability.

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In its weekly credit outlook Moody’s says the decision to deny class-action status to a group of current andformer female Wal-Mart employees alleging gender discriminationwill also be positive for employment practices, errors andomissions, and general liability insurers.

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The class of about 1.5 million women would have been the largestin U.S. history if it had been certified.

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“Under the certification rules articulated by the high court,pursuit of class actions on the scale of Wal-Mart will become farmore difficult, substantially reducing the specter of hugesettlement or judgment costs for large employers and theirinsurers,” Moody’s says.

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Moreover, due to the interpretations and clarifications made bythe Supreme Court, it could be more difficult to bring securitiesfraud or product liability cases before the court.

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The Supreme Court says plaintiffs must prove merits of the casebefore certification and it has to be “convincing.”

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The female employees of Wal-Mart can still pursue legal actionindividually or in smaller class actions, but Moody’s expects “suchalternate litigation paths will ultimately be less costly for bothdefendants and their insurers.”

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