Kukorinis v. Walmart, Inc. Settlement

Mailing of checks for approved claims in the Walmart Weighted Goods Settlement began on May 6, 2022.

The lawsuit claims that at times Walmart improperly labeled “Weighted Goods” when it reduced the price of those goods as they neared their expiration dates, allegedly causing instances where Plaintiff and other customers were overcharged for certain reduced-price perishable goods and did not receive the full value of the goods purchased.

Walmart denies the Plaintiff’s allegations and denies any and all wrongdoing or liability with respect to the claims asserted in the lawsuit.

Neither the Court nor a jury have considered or decided the merits of the allegations in the lawsuit. The parties have negotiated and entered into the proposed Settlement to avoid the risk, uncertain outcome, expense and distraction of continued litigation.

In a class action, a person (or multiple people) called the “Class Representative” (in this case, Vassilios Kukorinis) sues on behalf of a “class” of all people who have the same or similar claims, depending on how the class is defined. One court resolves all the claims of the people who are or would be members of the class. When, as here, the class action settles, the members of the class become Settlement Class Members, except for those who elect to exclude themselves from the Settlement Class.

The Court did not decide in favor of the Plaintiff or Defendant. Instead, both sides agreed to a settlement in order to avoid the cost of a trial and the risk, expense and distraction of continued litigation. The Class Representative and the attorneys think the Settlement is best for everyone involved.

The Court has decided that, for Settlement purposes, any person who purchased Weighted Goods from Walmart in the United States from February 7, 2015, to August 26, 2020, whose Weighted Goods’ unit sale price was not accurately reflected in the final sale price, is considered a Settlement Class Member. “Weighted Goods” means beef, pork, poultry, fish and other types of goods marked with unit pricing and sold accordingly thereto.

The Settlement provides for the following relief:

1. Walmart will fund a Class Settlement Amount of a minimum floor amount of $4,500,000 and, depending on the number of valid claims submitted, up to a maximum of $9,500,000. The Class Settlement Amount will be used to provide Settlement Class Members with the opportunity to submit a claim for a monetary payment and to pay for the costs of notice and administration of the settlement, attorney fees and litigation expenses, and a service award to the Class Representative.
2. In exchange for these settlement benefits, the Class Representative and each Settlement Class Member who has not validly and timely requested exclusion from the settlement shall be deemed to have fully, finally, and forever released any and all claims against the Defendant relating to the nature of the lawsuit.

Each Settlement Class Member is entitled to a monetary payment under the Settlement, but the actual amount will not be known until the Claims Administrator has received and processed all of the timely and valid Claims after the close of the Notice period.

The Settlement Class Members will be sorted into three groups:

1. Those who attest to the number of Weighted Goods they purchased, but do not have any receipts, packaging, or other documentation (the monetary payment for this group will be capped at a total of $10.00);
2. Those who attest to the number of Weighted Goods they purchased and have receipts, but no packaging or other documentation to demonstrate how much they were overcharged (the monetary payment for this group will be capped at a total of $40.00); and
3. Those who attest to the number of Weighted Goods they purchased and have receipts, packaging, and other documentation to demonstrate how much they were overcharged (the monetary payment for this group will not be capped).

Individual payments will be calculated on a pro rata basis, meaning the amount could be higher or lower depending on the number of claims submitted and ultimately approved. Each Settlement Class Member may receive only one payment no matter how many Weighted Goods they may have purchased during the Settlement Class Period.

To qualify for a payment from the Settlement, you must be a Settlement Class Member, and you had to submit a Claim Form. Claim Forms had to be postmarked or submitted online on or before January 8, 2021. Failure to provide complete and accurate information could have resulted in a denial of your claim.

Mailing of checks for approved claims in the Walmart Weighted Goods Settlement began on May 6, 2022.

Unless you exclude yourself, you are staying in the Settlement Class, regardless of whether or not you submit a Claim Form. This means that you will be bound by the release of claims set forth in the Settlement Agreement and can’t sue, continue to sue, or be part of any other lawsuit against Walmart that pertains to the same legal issues in this case. It also means that all of the Court’s orders will apply to you and legally bind you.

The deadline to exclude yourself passed on November 4, 2020.

No. Unless you excluded yourself, you gave up the right to sue Walmart for the same claims that this settlement resolves. If you have a pending lawsuit, speak to your lawyer in that lawsuit immediately. You had to exclude yourself from this Settlement Class by November 4, 2020 to continue your own lawsuit.

The Court has appointed attorneys John A. Yanchunis, Esq. and Ryan J. McGee, Esq. of the Morgan & Morgan law firm in Tampa, Florida as Settlement Class Counsel to represent you and other members of the Settlement Class. You will not be charged for these lawyers. If you want to be represented by your own lawyer, you may hire one at your own expense.

Class Counsel will ask the Court to award them reasonable attorneys’ fees in an amount not to exceed $2,375,000 of the Class Settlement Amount, and litigation expenses not to exceed $100,000 of the Class Settlement Amount. If approved by the Court, Walmart will pay the attorneys’ fees and litigation expenses as part of the Class Settlement Amount.

The attorneys’ fees and litigation expenses requested will be the only payment to Class Counsel for their efforts in achieving this settlement and for their risk in undertaking this representation on a wholly contingent basis. To date, Class Counsel have not been paid for their services in conducting this litigation on behalf of the Class Representatives and the Settlement Class, nor for their substantial expenses.

The deadline to object to the Settlement passed on November 4, 2020.

Objecting is simply telling the Court that you do not like something about the settlement. You can object only if you do not exclude yourself from the Settlement Class. Excluding yourself is telling the Court that you do not want to be part of the Class or the lawsuit. If you exclude yourself, you have no basis to object because the case no longer affects you.

The Court held a Final Approval Hearing on March 10, 2021, and this matter was approved by the Court on September 20, 2021.

The Court held a Final Approval Hearing on March 10, 2021.

The Court held a Final Approval Hearing on March 10, 2021.

This matter was approved by the Court on September 20, 2021.

More details about the Settlement can be found in the full version of the Settlement Agreement and other court documents, which can be found on the Important Documents page, or from the Clerk’s office at the United States District Court for the Southern District of Florida, Miami Division, Wilkie D. Ferguson, Jr., United States Courthouse, 400 North Miami Avenue, Room 10-1, Miami, Florida 33128, during regular business hours.

If you would like more information about the Settlement, you can call the Claims Administrator toll-free at 1-855-424-1334.

Please do not contact the Court or Walmart for additional information on this Settlement.

It is your responsibility to inform the Claims Administrator of address changes until your benefit is received.