9th. Circ. Revives WalMart Battery Fee Suit

Law360, New York (October 30, 2013, 9:50 PM EDT) -- The Ninth Circuit on Wednesday revived a putative class action alleging Wal-Mart Stores Inc. duped California consumers into paying a $9 core fee when they bought a new car battery and didn't bring in their old battery for recycling, finding the named plaintiff adequately pleaded that she'd suffered an economic injury.

A three-judge panel unanimously reversed U.S. District Judge Manuel L. Real's order granting Wal-Mart's motion to dismiss the suit, saying named plaintiff June Johnson met the pleading requirements in alleging the retail giant misled consumers by posting a sign next to...
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