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KEAN v. WAL-MART STORES, INC.

No. 1-07-1341.

899 N.E.2d 416 (2008)

Nancy KEAN, Individually and on Behalf of All Others Similarly Situated, Plaintiff-Appellant, v. WAL-MART STORES, INC., Wal-Mart. Com, U.S.A., LLC, and Wal-Mart Associates, Inc., Defendants-Appellees (Chip Russell, Individually and on Behalf of All Others Similarly Situated, Intervenor and Plaintiff-Appellant; The Department of Revenue and Alexi Giannoulias as Treasurer of the State of Illinois, Intervenors and Defendants-Appellees).

Appellate Court of Illinois, First District, Sixth Division.

November 21, 2008.

Attorney(s) appearing for the Case

Aron D. Robinson, Law Office of Aron D. Robinson, Lance A. Raphael, The Consumer Advocacy Center, P.C., Chicago, IL, for Appellants.

Arthur M. Scheller, III, and Steven D. Hamilton, Drinker Biddle & Reath LLP, Chicago, IL, for Appellees.

Lisa Madigan, Michael A. Scodro, and Brett E. Legner, Chicago, IL, for Intervenors and Defendants-Appellees.

Justice GORDON delivered the opinion of the court:

Plaintiff Nancy Kean and Plaintiff-Intervenor Chip Russell (collectively plaintiffs) filed complaints against Wal-Mart Stores, Inc., Wal-Mart.com, U.S.A., LLC, and Wal-Mart Associates, Inc. (collectively Wal-Mart), alleging that Wal-Mart violated Illinois law by charging an unauthorized sales tax upon shipping charges for goods purchased through its website. The trial court dismissed their complaints, finding that...

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