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Labor/Employment,
9th U.S. Circuit Court of Appeals

Jan. 23, 2020

Walmart seeks en banc review after panel upholds $54.6M judgment

The discount retailer’s attorneys said the 9th Circuit’s ruling contradicted both itself and the state Supreme Court when it agreed with a district judge’s decision to compel Walmart to provide driver contract information so attorneys for the class could find new representative plaintiffs.

Attorneys for Walmart Inc., petitioned the 9th U.S. Circuit Court of Appeals for en banc consideration after the federal appellate court affirmed a $54.6 million judgment against the discount retailer to compensate a class of long-haul truck drivers for time spent during layovers, rest breaks and inspections.

Filed Monday, Theodore J. Boutrous of Gibson, Dunn & Crutcher LLP wrote the 9th Circuit's ruling contradicted itself an...

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