Walmart store in Baltimore, MD. Photo: Diego M. Radzinschi/ALM 8th Circuit Sides With Walmart in Class Action, Reversing Remand to State Court
The Eighth Circuit reversed a lower court's order remanding a case to the state court, as it determined Walmart had showed the amount in controversy exceeded $5 million.
June 09, 2023 at 01:48 PM
4 minute read
The U.S. Court of Appeals for the Eighth Circuit reversed a lower court's order remanding a case to Missouri state court, as it determined Walmart had showed the amount in controversy exceeded $5 million.
U.S. Court of Appeals Judge Michael Joseph Melloy for the Eighth Circuit concluded Walmart had adequately shown the amount in controversy had exceeded $5 million, specifically that it had sold more than $5 million in cough suppressant products containing dextromethorphan hydrobromide (DXM) and featuring a "non-drowsy" label, in a May 24 opinion.
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