TAMPA, Fla. (Legal Newsline) - Class action lawyers who sued Walmart over the price of its produce are getting their $9 million in fees.
Vassilios Kukorinis’ lawsuit, filed in Florida federal court in 2022, alleged customers are being misled by price stickers in four ways: That Walmart falsely inflates product weight, mislabels the weight of bagged produce, overcharges on sold-by-weight clearance products and overcharges on sold-by-weight seafood products.
The suit took aim at Walmart’s claim that “a cornerstone of our business” is “our commitment to price leadership.”
The settlement, introduced to the court in November, creates a non-reversionary common fund of $45 million. Class members can receive cash payments of up to $25 without proof of purchase or up to $500 with documentation of purchases of weighted goods and bagged citrus.
Since the settlement notice plan has been in effect, 3.9 million claims have been submitted and only 152 class members have opted out.
"Such reaction and participation from the settlement class weigh heavily in favor of granting final approval of the settlement," lawyers from Chimicles Schwartz Kriner & Donaldson-Smith in Haverford, Pa., wrote on June 5.
Judge Virginia Hernandez Covington did just that during a hearing on June 12, overruling the five objections that had been filed.
The objections complained the settlement does not include purchases made online and does not provide "full financial reimbursement.
They also said the settlement doesn't require Walmart to change its business practices or admit wrongdoing, the recovery is too low and the attorney fees are too high.
Anyone claiming there should have been a better outcome is wrong, the class action lawyers said.
"Courts routinely overrule 'it's just not enough' objections because compromise is the essence of a settlement and opting out is an option," they wrote. "Objections that the settlement should have secured more money or a better result are not proper"
Their expert estimated nationwide class damages at up to $421 million, and the $45 million settlement is well within "the range of reasonableness," lawyers say.
As for a 20% fee award, they pointed to previous Eleventh Circuit rulings finding up to one-third of the common fund appropriate.