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FORTE v. WAL-MART STORES, INC.

No. 12-40854.

763 F.3d 421 (2014)

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.

August 14, 2014.

Attorney(s) appearing for the Case

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

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

E. GRADY JOLLY, Circuit Judge:

This case of first impression calls upon us to interpret and apply the Texas Optometry Act. Wal-Mart rented space to optometrists using a standard lease agreement requiring optometrists to make representations in their leases of the projected number of hours their offices would remain open. A jury found Wal-Mart liable for "setting or attempting to influence... office hours of an optometrist" in violation of the Act. The jury returned...

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