People Who Purchased Weighted Goods From Walmart Could Receive Payment From Class Action Settlement

According to the United States District Court for Southern District of Florida, Miami Division, people who purchased Weighted Goods (beef, pork, poultry, fish, and other types of goods marked with the unit pricing and sold accordingly to it) from Walmart in the United States from February 13, 2015, to August 26, 2020, and the unit sale price was not accurately reflected in the final sale price, is considered a Settlement Class Member, and might be entitled to receive compensation.

The lawsuit claims that at times Walmart improperly labeled "Weighted Goods" when they neared their expiration dates. By marking the goods as a reduced-priced but never actually reducing the prices, customers were allegedly overcharged. As reported by the court, Walmart denies these allegations and all liability regarding the claims asserted in the lawsuit. Neither the Court nor a jury has considered or decided the merits of the allegations in the case. The parties have negotiated and entered into the proposed Settlement to avoid the risk, uncertain outcome, expense, and distraction of continued litigation.

The United States District Court for Southern District of Florida, Miami Division, informed that each Settlement Class Member is entitled to a monetary payment under the Settlement. Still, the actual amount will not be known until all claims have been processed.

To qualify for a payment from the Settlement, you must submit a Claim Form before January 8, 2021. If you do not want an amount and do not want to be legally bound by the Settlement, you must exclude yourself with a timely and valid "Opt-Out Letter" postmarked no later than November 4, 2020. Unless you exclude yourself, you give up the right to sue Walmart for the same claims that this Settlement resolves. You must exclude yourself from this Settlement Class to continue your lawsuit. If you are a Settlement Class Member and have not excluded yourself from the Settlement, you can object to the Settlement if you don't like any part of it. This objection must be postmarked no later than November 4, 2020.

The Court will hold a Fairness Hearing on February 26, 2021, to consider whether the Settlement is fair, reasonable, and adequate and whether to approve attorneys' fees not to exceed $2,375,000 and litigation expenses not to exceed $100,000, both from the QSF.

Settlement Class Members may appear at the Fairness Hearing but are not required to attend, and can also hire their attorney, at their own expense, to appear or speak on their behalf at the hearing.

The Settlement provides for the following relief:

A. Walmart will fund a Qualified Settlement Fund ("QSF") of between $4,500,000 and, depending on the number of valid claims submitted, up to $9,500,000. The QSF will be used to pay Settlement Class Members who present a claim, and pay for the costs of notice and administration of the Settlement, attorneys' fees and litigation expenses, and a service award to the Class Representative.

B. In exchange for the payment, the Class Representative and each Settlement Class Member who has not validly and timely requested exclusion from the Settlement will have fully, finally, and forever released any and all claims against Walmart relating to the nature of the lawsuit.