“Independent Doctors of Optometry” at Walmart

July 2018: The Ninth Circuit Court of Appeals found that the District Court properly dismissed the case but it should not have been dismissed with prejudice so it remanded the case to be dismissed without prejudice. (Case No. 17-55539, 9th Cir.)

March 2017: A federal judge dismissed this action finding that the plaintiffs failed to show that they suffered an injury as a result of the alleged misconduct.

2014: The case was transferred to federal court. (Case No. 14-cv-857, S.D. Cal.)

2013: A false advertising class-action lawsuit was filed against Walmart for allegedly misleadingly representing that “Independent Doctors of Optometry” offer eye exams and sell eyewear at Walmart stores when, according to plaintiffs, Walmart influences and controls the optometrists. (Omidi et al v. Wal-Mart Stores, Inc., Case No. 2013-00074230, Superior Court of California – San Diego)

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When a complaint is dismissed with prejudice, it cannot be refiled.

When a complaint is dismissed without prejudice, an amended version of the complaint can be refiled.

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