Wal-Mart Stores, Inc. v. Cuker Interactive, LLC, No. 20-3308 (8th Cir. 2022)
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Based upon its belief that Walmart has failed to comply with the terms of an injunction, Cuker sought to initiate contempt proceedings against Walmart, requesting supplemental damages for Walmart's post-verdict use of its trade secrets.
The Eighth Circuit affirmed and concluded that the district court did not err in denying the request to commence contempt proceedings because Cukor had failed to make a prima facie case showing a violation of, or refusal to follow, a court order. In this case, Cuker's claim that the district court did not consider its arguments or evidence is belied by the record. Upon review of the record and Cuker's arguments, the court stated that Cuker's challenges to the district court's order go to the weight the court gave its evidence, not a failure to consider the evidence.
Court Description: [Erickson, Author, with Smith, Chief Judge, and Wollman, Circuit Judge] Civil case. For the court's prior opinions in the matter, see Walmart Inc. v. Cuker Interactive, LLC, 949 F.3d 1101 (8th Cir. 2002) and Henry Law Firm v. Cuker Interactive, LLC, 950 F.3d 528 (8th Cir. 2020). Here, Cuker asked the district court to commence contempt proceedings against Walmart based on its belief that Walmart had not complied with a permanent injunction requiring it to remove Cuker's software and files from its computers. The district court did not err in denying Cuker's request to commence contempt proceedings as Cukor had failed to make a prima facie case showing a violation of, or refusal to follow, a court order.
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