WAL-MART STORES, INC. V. BUTLER
Dallas County, Texas
On appeal, represented retailer facing “death penalty” sanctions and final judgment. Customer/Plaintiff filed a motion for sanctions after discount store failed to appear at court ordered mediation, after which the trial court struck store’s answer as sanction and, following a jury trial on the issue of damages only, entered judgment in favor of customer. Store appealed. The court of appeals reversed in favor of the retailer, holding that trial court had abused its discretion.