TAMPA, Fla. (Legal Newsline) - A judge is approving a class action settlement with Walmart that claims to be worth $45 million.
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.
Judge Virginia Hernandez Covington gave preliminary approval to the settlement on Jan. 19, creating a time before final approval for objections to be lodged with the court.
Plaintiff attorneys from Chimicles Schwartz Kriner & Donaldson-Smith in Haverford, Pa., plan to seek fees of up to 20% ($9 million) of the settlement.
"The settlement is an excellent outcome of this action for the class," they wrote in a motion.
"It achieves an estimated recovery of more than 11% of the estimated aggregate overcharges alleged in the action for in-store purchases at Walmart stores of weighted goods and bagged citrus."
Direct email notice will be sent to Walmart customers who are likely to have purchased weighted goods and bagged citrus, in order to inform class members of the settlement proceedings.
A final fairness hearing will be held in June.