Walmart Federal Appellate Court Decisions

Court: US Court of Appeals for the Eighth Circuit
Case Number: 22-2960

[Loken, Author, with Erickson and Kobes, Circuit Judges] Civil case - COVID-19. Defendants refused to fill plaintiffs' prescriptions for ivermectin and hydroxychloroquine for off-label use to treat plaintiffs' COVID-19 symptoms; plaintiffs sued alleging violation of their common law right of self-determination and intentional infliction of emotional distress. The district court dismissed the claims, refusing to certify the self-determination claim to the Supreme Court of Minnesota and…

Elimaniel Gonzalez v. Wal-mart Stores, Inc.

Filed: July 28, 2023

Court: US Court of Appeals for the Eleventh Circuit
Case Number: 22-13310

Michael Hairston v. Wal-Mart Stores East, L.P.

Filed: July 27, 2023

Court: US Court of Appeals for the Fourth Circuit
Case Number: 22-1132

Keen v. Wal-Mart Stores East

Filed: July 20, 2023

Court: US Court of Appeals for the Fifth Circuit
Case Number: 22-60269

DEMETRIA DELARGE V. WALMART INC.

Filed: June 30, 2023

Court: US Court of Appeals for the Ninth Circuit
Case Number: 20-15064

Emmanuel Gibson v. Walmart

Filed: June 20, 2023

Court: US Court of Appeals for the Fourth Circuit
Case Number: 22-1950

Jacqulyn McQuiston v. Walmart Stores East I, LP

Filed: June 2, 2023

Court: US Court of Appeals for the Eighth Circuit
Case Number: 22-2284

[Per Curiam - Before Smith, Chief Judge, and Stras and Kobes, Circuit Judges] Civil case - Slip and Fall. The district court did not err in granting defendant summary judgement in this slip-and-fall case as plaintiff failed to establish an essential element of the claim under Missouri law - the existence of a dangerous condition - as there was no direct evidence and only weak circumstantial evidence that the store floor was wet at the time of the accident; Rule 59(e) and 60(b) cannot be…

Nicholas Brunts v. Walmart, Inc.

Filed: May 24, 2023

Court: US Court of Appeals for the Eighth Circuit
Case Number: 23-1381

[Melloy, Author, with Benton and Grasz, Circuit Judges] Civil case - Class Actions. In this action plaintiffs argued that defendant engaged in misleading and deceptive advertising by labeling certain cough suppressants as "non drowsy;" the action was filed in Missouri state court, and defendant removed it to federal court; the district court then granted plaintiffs' motion to remand, concluding defendant had not met the Class Action Fairness Act's jurisdictional requirements of showing…

Adriana Mendez v. Wal-Mart Stores East, LP

Filed: May 22, 2023

Court: US Court of Appeals for the Eleventh Circuit
Case Number: 22-13637