The justices will decide the class-action issue, not the merits of the discrimination claim.

WSJ: Supreme Court Will Hear Wal-Mart Challenge to Class-Action Suit

Because of the dearth of trials, class actions are rarely won on the merits.

FORBES: Supreme Court Could Impose New Restrictions On Class Actions

Judges routinely consider the merits of securities claims in order to establish class actions, he said.

FORBES: Class-Action Lawyers Face Triple Threat At Supreme Court

The high court will not judge the merits of the sweeping claims at this stage, just whether a class-action trial can proceed.

CNN: Justices accept appeal over Wal-Mart gender pay lawsuit

Companies argue that with the stakes literally in the billions of dollars, they cannot afford to take such a class action to trial and must settle with the attorneys, regardless of the merits of the case.

FORBES: Supreme Court Takes On Massive Wal-Mart Discrimination Case