Forte, et al. v. Wal-Mart Stores, Inc., No. 12-40854 (5th Cir. 2014)Annotate this Case
Wal-Mart rented space to optometrists using a standard lease agreement requiring optometrists to make representations in their leases of the projected number of hours their offices would remain open. A jury found Wal-Mart liable for setting or attempting to influence office hours of an optometrist in violation of the Texas Optometry Act. Tex. Occ. Code 351.408. The district court subsequently remitted the jury's award of almost $4 million in civil penalties and plaintiffs accepted remittitur. Wal-Mart appealed. The court affirmed the district court's judgment regarding Wal-Mart's liability; reversed and vacated the district court's judgment regarding damages where the district court erred in applying Chapter 41's, Tex. Civ. Prac. & Rem. Code 41.001(5), lower damage cap exception; and remanded.
The court issued a subsequent related opinion or order on August 25, 2014.
The court issued a subsequent related opinion or order on February 20, 2015.
The court issued a subsequent related opinion or order on October 27, 2016.