Search : Wal-Mart
Number of summaries found: 90
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| Court: | U.S. Fed. Circuit Court of Appeals |
| Topic: | Civil Procedure, Intellectual Property, Patent |
| Title: | Exergen Corp. v. Wal-Mart Stores, Inc. |
| Date: | 08/04/09 |
| Case Number: | 06-1491 |
| Summary: | In a patent infringement action involving infrared thermometers, district court judgment is affirmed in part and reversed in part where: 1) the court erred in finding that the claims in plaintiff's '205 patent were not anticipated by an earlier patent, and thus defendant cannot be liable for infringement of this patent; 2) plaintiff failed to provide substantial evidence to support the jury's finding that defendant's device directly infringed on plaintiff's '813 patent and actively induced infringement plaintiff's '685 patent; and 3) the court did not abuse its discretion in denying defendant's motion for leave to add allegations of inequitable conduct to its original answer, as its proposed allegations failed to satisfy the heightened pleading requirement of Federal Rule of Civil Procedure 9(b). |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Contracts, Labor & Employment Law |
| Title: | Doe v. Wal-Mart Stores, Inc. |
| Date: | 07/10/09 |
| Case Number: | 08-55706 |
| Summary: | In a breach of contract action by employees of foreign suppliers to a U.S. retailer based on a code of conduct included in Defendant's supply contracts specifying labor standards suppliers must meet, the dismissal of the complaint is affirmed where the code of conduct did not create a duty on the part of Defendant to monitor the suppliers, and did not provide Plaintiffs a right of action against Defendant as third-party beneficiaries. |
| Court: | U.S. 10th Circuit Court of Appeals |
| Topic: | Labor & Employment Law, Retail |
| Title: | Archuleta v. Wal-Mart Stores, Inc. |
| Date: | 10/06/08 |
| Case Number: | 07-1065 |
| Summary: | In an action involving whether certain full-time pharmacists working for Wal-Mart from 1993 through 1998 fell within an exemption from the Fair Labor Standards Act's (FLSA) general overtime pay requirement, summary judgment for Wal-Mart is reversed in part where there was sufficient evidence to establish a genuinely disputed issue of material fact as to two plaintiffs regarding whether, although Wal-Mart purported to pay them as salaried professionals, it actually changed their salaries so frequently that it treated them as hourly non-exempt employees. |
| Court: | Supreme Court of Delaware |
| Topic: | Attorney's Fees, Labor & Employment Law, Remedies, Workers' Compensation |
| Title: | Pugh v. Wal-Mart Stores, Inc. |
| Date: | 02/15/08 |
| Case Number: | 273, 2007 |
| Summary: | The Industrial Accident Board has statutory authority under 19 Del. C. section 2320(10) to award attorneys' fees in cases where, because the parties settled, the Board never heard the underlying claim or made a compensation award. In determining a reasonable fee award, the Board may, although it is not required to, include the value of a finding of compensability and related unliquidated benefits. |
| Court: | U.S. 11th Circuit Court of Appeals |
| Topic: | Civil Procedure, ERISA, Remedies |
| Title: | Admin. Comm. for the Wal-Mart Stores, Inc. Assocs' Health & Welfare Plan v. Horton |
| Date: | 01/15/08 |
| Case Number: | 07-10012 |
| Summary: | In ERISA case where plaintiff sought to enforce the reimbursement provisions of an employee health and welfare plan, summary judgment for defendants is reversed as plaintiff properly seeks restitution of a specifically identifiable fund in possession of a defendant, cognizable under ERISA section 502(a)(3). |
| Court: | U.S. 9th Circuit Court of Appeals |
| Topic: | Civil Procedure, Civil Rights, Class Actions, Labor & Employment Law, Remedies, Retail |
| Title: | Dukes v. Wal-Mart, Inc. |
| Date: | 12/11/07 |
| Case Number: | 04-16688, 04-16720 |
| Summary: | In a class action suit by women employees against Wal-Mart alleging sexual discrimination under Title VII, certification of plaintiffs' class with minor modifications is affirmed where there was no abuse of discretion in a conclusion that it would be better to handle this case as a class action instead of clogging the federal courts with innumerable individual suits litigating the same issues repeatedly. (Substituted opinion) |
| Court: | U.S. 8th Circuit Court of Appeals |
| Topic: | Injury And Tort Law, Insurance Law, Manufacturing, Product Liability, Retail |
| Title: | Depositors Ins. Co. v. Wal-Mart Stores, Inc. |
| Date: | 11/06/07 |
| Case Number: | 06-4141 |
| Summary: | In an action alleging product liability, implied warranty of merchantability, and negligence claims arising from a fire allegedly caused by either an extension cord manufactured by defendant-GE or a lamp manufactured by defendant-Fletcher, summary judgment for defendants is affirmed where: 1) plaintiffs never offered any evidence showing either the intended design of either the extension or lamp cords, or how the manufacturing of the cords departed from the intended product designs; 2) as plaintiffs failed to make a showing sufficient to establish a manufacturing defect in either of the cords, implied warranty of merchantability claims failed; and 3) plaintiffs' alternative theories of the instrument that caused the fire precluded the application of the res ipsa loquitur doctrine, and their general negligence claims failed. |
| Court: | U.S. 8th Circuit Court of Appeals |
| Topic: | ERISA, Injury And Tort Law, Labor & Employment Law, Retail |
| Title: | Admin. Comm. of the Wal-Mart Stores, Inc. Assocs.' Health & Welfare Plan v. Shank |
| Date: | 08/31/07 |
| Case Number: | 06-3531 |
| Summary: | In a suit brought by an ERISA governed plan under section 502(a)(3) of ERISA, seeking reimbursement for $469,216 it had paid in medical expenses on behalf of defendant, a Wal-Mart employee who was injured in an auto accident, summary judgment for the plan is affirmed where the plan's claim for full-recovery against a special needs trust established as part of a settlement in defendant's personal injury case was a claim for "appropriate equitable relief" as authorized by section 502(a)(3). |
| Court: | California Appellate Districts |
| Topic: | Civil Procedure, Civil Rights, Constitutional Law, Contracts, Injury And Tort Law, Property Law & Real Estate |
| Title: | Wang v. Wal-Mart Real Estate Bus. Trust |
| Date: | 07/25/07 |
| Case Number: | D050464 |
| Summary: | In action for breach of contract, fraud, conspiracy to defraud and other theories, arising from dispute over sale of two parcels of plaintiffs' real property to defendant, orders granting special motions to strike the complaint under the anti-SLAPP statute are reversed where the trial court erroneously found that the references in the various causes of action to the applications for city development permits converted these causes of action into liability claims that were based principally upon protected speech or conduct. |
| Court: | Supreme Court of Delaware |
| Topic: | Evidence, Injury And Tort Law, Property Law & Real Estate, Retail, Workers' Compensation |
| Title: | Spencer v. Wal-Mart Stores E., LP |
| Date: | 06/18/07 |
| Case Number: | 305, 2006 |
| Summary: | In a slip and fall personal injury case brought against Wal-Mart a judgment pursuant to a jury verdict in favor of Wal-Mart is affirmed over meritless claims that the superior court erred in: 1) instructing the jury improperly as to plaintiff's knowledge of the hazardous condition at issue; 2) informing the jury of plaintiff's receipt of workers' compensation; and 3) precluding testimony from plaintiff's expert witness. |