Frequently Asked Questions

  1. What is this class action lawsuit about?

    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.

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  2. Why is this a class action?

    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.

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  3. Why is there a settlement?

    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.

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  4. How do I know if I am a part of the Settlement?

    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.

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  5. What does the Settlement provide?

    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.
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  6. How much will my payment be?

    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.

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  7. How can I get a payment?

    To qualify for a payment from the Settlement, you must be a Settlement Class Member and submit a Claim Form. To submit your Claim Form, you may submit an electronic Claim Form online here or mail a physical Claim Form to the Claims Administrator at the address below. Claim Forms must be postmarked or submitted online on or before January 8, 2021. Failure to provide complete and accurate information could result in a denial of your claim.

    Walmart Weighted Goods Settlement
    c/o Claims Administrator
    P.O. Box 3015
    Portland, OR 97208-3015

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  8. When would I get my payment?

    The Court will hold a hearing on March 10, 2021, to decide whether to approve the Settlement. If the Settlement receives final approval, a payment in the form of a check will be mailed to approved Claimants in a timely manner, provided there are no appeals of the Court’s decision. The checks will be mailed to the residential addresses provided on the submitted Claim Forms.

    Please be patient – the process can take weeks or even months before the checks are ready to be mailed.

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  9. What am I giving up to stay in the Class?

    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.

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  10. How do I exclude myself from the settlement?

    If you do not want a payment and do not want to be legally bound by the terms of the Settlement, you must exclude yourself by sending a timely and valid “Opt Out Letter” to the Claims Administrator. To be timely and valid, the letter must include the Settlement Class Member’s full name and a statement that the Settlement Class Member requests to be excluded from the Settlement Class, and must also be signed and dated by the Settlement Class Member. The request for exclusion must have been mailed to the address below or uploaded to the Settlement Website no later than November 4, 2020. If you choose to upload a request for exclusion, it still must be a copy of your request in writing.

    Walmart Weighted Goods Settlement
    c/o Claims Administrator
    P.O. Box 3015
    Portland, OR 97208-3015

    You cannot exclude yourself on the phone or by email. If you ask to be excluded, you are not eligible to receive any settlement payment, and you cannot object to the Settlement. However, you will not be legally bound by anything that happens in this lawsuit. The deadline to exclude yourself passed on November 4, 2020.

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  11. If I don’t exclude myself, can I sue for the same thing later?

    No. Unless you exclude yourself, you give 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 must exclude yourself from this Settlement Class to continue your own lawsuit.

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  12. Do I have a lawyer in this case?

    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.

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  13. How will the lawyers be paid?

    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.

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  14. How do I tell the Court that I don’t like the Settlement?

    If you’re 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. You can give reasons why you think the Court should not approve it, and the Court will consider your views.

    To object, you must send a letter to the Court and the Parties saying that you object to the Settlement in Vassilios Kukorinis, et al. v. Walmart, Inc., Case No. Case No. 1:19-cv-20592-JEM. To state a valid objection to the Settlement, an objecting Settlement Class Member must personally sign the objection and provide the following information in connection with and as part of any objection:

    1. Full name, current address, and current telephone number;
    2. Documentation sufficient to establish membership in the Settlement Class;
    3. A statement of the position the objector wishes to assert, including the factual and legal grounds for the position and objection; and
    4. Copies of any other documents that the objector wishes to submit in support of his/her/its position. In addition, the objecting Settlement Class Member must identify any previously filed objections filed by the Settlement Class Member and his/her/its counsel in any state or federal court. This listing must contain (i) the name of the case; (ii) the case number; (iii) the court in which the objection was filed; and (iv) the outcome of the objection.

    Your objection must have been sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the addresses listed below so that it was postmarked no later than November 4, 2020.

    Court Settlement Class Counsel Defense Counsel
    Clerk of the Court
    ATTN: Case No. 1:19-cv-20592-JEM
    United States District Court
    Southern District of Florida
    Miami Division
    400 North Miami Ave.
    Miami, FL 33128
    John A. Yanchunis, Esq.
    Ryan J. McGee, Esq.
    Morgan & Morgan
    201 N. Franklin St.
    7th Floor
    Tampa, FL 33602
    Naomi Beer
    Greenberg Traurig, LLP
    1144 15th Street
    Suite 3300
    Denver, CO 80202
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  15. What’s the difference between objecting and excluding myself?

    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.

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  16. When and where will the Court decide whether to approve the Settlement?

    The Court will hold a Final Approval Hearing on March 10, 2021, via Zoom. At this hearing, the Court will consider whether the settlement is fair, reasonable and adequate. If there are objections, the Court will consider them. The Judge will listen to people who have asked to speak at the hearing. After the hearing, the Court will decide whether to approve the settlement. We do not know how long this decision will take, please check this website for updates.

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  17. Do I have to come to the hearing?

    No. Settlement Class Counsel will answer questions the Judge may have. But, you are welcome to come at your own expense. If you submit an objection, you do not have to come to the Court to talk about it. As long as you delivered your written objection on time, the Court will consider it. You may also pay your own lawyer to attend, but it is not necessary.

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  18. May I speak at the hearing?

    You may ask the Court for permission to speak at the fairness hearing. To do so, you must send a letter saying that it is your intention to appear in Vassilios Kukorinis, et al. v. Walmart, Inc., Case No. 1:19-cv-20592-JEM. Be sure to include your name, address, telephone number and your signature. Your notice of intention to appear must have been sent to the Clerk of the Court, Class Counsel, and Defense Counsel, at the addresses listed in FAQ 14 by November 4, 2020. You cannot speak at the hearing if you exclude yourself from the Class.

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  19. What happens if the Court does not approve the Settlement?

    If the Court does not enter an Order approving the Settlement, or if the Court enters an Order approving the Settlement but appellate review is sought and the Order is reversed and no final Order approving the Settlement is entered, the Settlement shall become null and void and the case will proceed as if the Settlement was never entered into.

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  20. Are there more details about the Settlement?

    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.

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  21. How do I get more information?

    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.

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