FORTE v. WAL-MART STORES, INC.

No. 12-40854.

780 F.3d 272 (2015)

Doris FORTE, O.D., on behalf of herself and all other similarly situated persons; Bridget LeeSang, O.D.; David Wiggins, O.D.; John Boldan, O.D., Plaintiffs-Appellees v. WAL-MART STORES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 20, 2015.


Attorney(s) appearing for the Case

Mark Clyde Burgess, Esq. , Attorney, Boyd, Poff & Burgess, L.L.P., Texarkana, TX, Jose Antonio Canales , Canales & Simonson, P.C., Corpus Christi, TX, William R. Peterson , Russell S. Post (argued), Beck Redden, L.L.P., Houston, TX, for Plaintiffs-Appellees.

James C. Ho, Esq. (argued), Ashley E. Johnson, Esq. , Prerak Shah , Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, for Defendant-Appellant.

William David George , Connelly Baker Wotring L.L.P., Houston, TX, for Amicus Curiae Harris County, Texas, Hunt County, Texas, City Of Houston, Texas, Texas Municipal League, Texas City Attorneys' Association.

Bill L. Davis , Assistant Attorney General, Office of the Attorney General, Office of the Solicitor General, Austin, TX, Amicus Curiae for Attorney General of Texas.

Before STEWART, Chief Judge, and JOLLY, and SMITH, Circuit Judges.


The original opinion in this case was filed on August 14, 2014.1 In that opinion, we affirmed the district court's judgment of liability under the Texas Optometry Act ("TOA"), Tex. Occ.Code § 351.408(c). We reversed and vacated the district court's monetary award, however. We held...

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