BRUNTS v. WALMART, INC.

No. 23-1381.

68 F.4th 1091 (2023)

Nicholas BRUNTS, individually and on behalf of all others similarly situated Plaintiff-Appellee v. WALMART, INC. Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: May 24, 2023.


Attorney(s) appearing for the Case

Counsel who represented the appellant was Michael Kevin Underhill , of San Francisco, CA.

Counsel who represented the appellee was Daniel F. Harvath , of Webster Groves, MO.

Before BENTON, MELLOY, and GRASZ, Circuit Judges.


Nicholas Brunts filed a class action lawsuit against Walmart in the Circuit Court for St. Louis County, Missouri. Brunts alleged Walmart engaged in misleading and deceptive marketing practices by selling cough suppressants with dextromethorphan hydrobromide ("DXM") and a "non-drowsy" label. Walmart removed the case to the...

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