Bryant v. Wal-Mart Stores, Inc.

Brief for Amici Curiae Retail Litigation Center, Inc.


  • Court: U.S. District Court for the Southern District of Florida (filed: June 29, 2020)
  • Issue: Class Certification Standards; Meritless Mass Action Litigation
  • Status: Decided July 2020 (dismissed with prejudice)

RLC’s Position: 
The RLC's brief, (which was joined by the U.S. Chamber of Commerce, the Association of Home Appliance Manufacturers, and the [CTA]), was filed in support of the defendant retail employer’s motion opposing class certification in this ERISA COBRA notice case, which is one of many that the retail industry has faced recently.
Case Decision:
The magistrate judge found the RLC’s argument in this case “persuasive” in his decision finding that the plaintiff did not have standing: “Nor does it make sense that a plaintiff would suffer any harm—informational or actual— from notices like the ones in this case. A notice that gives the name and contact information of an expert third-party administrator, when that is exactly the best entity for the employee to call for information about COBRA or the employee’s status, creates no harm.”

Resource List:

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