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<p style="MARGIN-TOP: 18px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2"><b>Note 11. Legal
Proceedings</b></font></p>
<p style="MARGIN-TOP: 6px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2">The company is involved in
a number of legal proceedings. The company has made accruals with
respect to these matters, where appropriate, which are reflected in
the company’s Consolidated Financial Statements. For some
matters, the amount of liability is not probable or the amount
cannot be reasonably estimated and therefore accruals have not been
made. However, where a liability is reasonably possible and
material, such matters have been disclosed. The company may enter
into discussions regarding settlement of these matters, and may
enter into settlement agreements, if it believes settlement is in
the best interest of the company’s shareholders. The matters,
or groups of related matters, discussed below, if decided adversely
to or settled by the company, individually or in the aggregate, may
result in liability material to the company’s financial
condition or results of operations.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2"><b>Wage-and-Hour Class
Actions:</b> The company is a defendant in various cases containing
class-action allegations in which the plaintiffs are current and
former hourly associates who allege that the company committed
wage-and-hour violations by failing to provide rest breaks, meal
periods, or other benefits, or otherwise by failing to pay them
correctly. The complaints generally seek unspecified monetary
damages, injunctive relief, or both. The company cannot reasonably
estimate the possible loss or range of loss that may arise from
these lawsuits, except where the lawsuit has been settled or
otherwise as noted below.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2">In one of the wage-and-hour
lawsuits, <i>Braun/Hummel v. Wal-Mart Stores, Inc</i>., a trial was
commenced in September 2006, in Philadelphia, Pennsylvania. The
plaintiffs allege that the company failed to pay class members for
all hours worked and prevented class members from taking their full
meal and rest breaks. On October 13, 2006, the jury awarded
back-pay damages to the plaintiffs of approximately $78 million on
their claims for off-the-clock work and missed rest breaks. The
jury found in favor of the company on the plaintiffs’
meal-period claims. On November 14, 2007, the trial judge
entered a final judgment in the approximate amount of $188 million,
which included the jury’s back-pay award plus statutory
penalties, prejudgment interest and attorneys’ fees. The
company believes it has substantial factual and legal defenses to
the claims at issue, and on December 7, 2007, the company
filed its Notice of Appeal.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2"><b>Exempt Status Cases:</b>
The company is a defendant in several cases in which the plaintiffs
seek class or collective certification of various groups of
salaried managers, and challenge their exempt status under state
and federal laws. In one of those cases (<i>Sepulveda v. Wal-Mart
Stores, Inc</i>.), class certification was denied by the trial
court on May 5, 2006. On April 25, 2008, a three-judge
panel of the United States Court of Appeals for the Ninth Circuit
affirmed the trial court’s ruling in part and reversed it in
part, and remanded the case for further proceedings. On
May 16, 2008, the company filed a petition seeking review of
that ruling by a larger panel of the court. On October 10,
2008, the court entered an Order staying all proceedings in the
<i>Sepulveda</i> appeal pending the final disposition of the appeal
in <i>Dukes v. Wal-Mart Stores, Inc.</i>, discussed below. Class
certification has not been addressed in the other cases. The
company cannot reasonably estimate the possible loss or range of
loss that may arise from these lawsuits.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2"><b>Gender Discrimination
Cases:</b> The company is a defendant in <i>Dukes v. Wal-Mart
Stores, Inc</i>., a class-action lawsuit commenced in June 2001 in
the United States District Court for the Northern District of
California. The case was brought on behalf of all past and present
female employees in all of the company’s retail stores and
warehouse clubs in the United States. The complaint alleges that
the company has engaged in a pattern and practice of discriminating
against women in promotions, pay, training and job assignments. The
complaint seeks, among other things, injunctive relief, front pay,
back pay, punitive damages and attorneys’ fees. On
June 21, 2004, the district court issued an order granting in
part and denying in part the plaintiffs’ motion for class
certification. The class, which was certified by the district court
for purposes of liability, injunctive and declaratory relief,
punitive damages and lost pay, subject to certain exceptions,
includes all women employed at any Wal-Mart domestic retail store
at any time since December 26, 1998, who have been or may be
subjected to the pay and management track promotions policies and
practices challenged by the plaintiffs.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2">The company believes that
the district court’s ruling is incorrect. On August 31,
2004, the United States Court of Appeals for the Ninth Circuit
granted the company’s petition for discretionary review of
the ruling. On February 6, 2007, a divided three-judge panel
of the court of appeals issued a decision affirming the district
court’s certification order. On February 20, 2007, the
company filed a petition asking that the decision be reconsidered
by a larger panel of the court. On December 11, 2007, the
three-judge panel withdrew its opinion of February 6, 2007,
and issued a revised opinion. As a result, the company’s
Petition for Rehearing En Banc was denied as moot. The company
filed a new Petition for Rehearing En Banc on January 8, 2008.
On February 13, 2009, the court of appeals issued an Order
granting the Petition. The court heard oral argument on the
Petition on March 24, 2009. If the company is not successful
in its appeal of class certification, or an appellate court issues
a ruling that allows for the certification of a class or classes
with a different size or scope, and if there is a subsequent
adverse verdict on the merits from which there is no successful
appeal, or in the event of a negotiated settlement of the
litigation, the resulting liability could be material to the
company’s financial condition or results of operations. The
plaintiffs also seek punitive damages which, if awarded, could
result in the payment of additional amounts material to the
company’s financial condition or results of operations.
However, because of the uncertainty of the outcome of the appeal
from the district court’s certification decision, because of
the uncertainty of the balance of the proceedings contemplated by
the district court, and because the company’s liability, if
any, arising from the litigation, including the size of any damages
award if plaintiffs are successful in the litigation or any
negotiated settlement, could vary widely, the company cannot
reasonably estimate the possible loss or range of loss that may
arise from the litigation.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2">Since August 2001, the
company has been a defendant in a lawsuit that was filed by the
Equal Employment Opportunity Commission (“EEOC”) on
August 24, 2001, in the United States District Court for the
Eastern District of Kentucky on behalf of Janice Smith and all
other females who made application or transfer requests at the
London, Kentucky, distribution center from 1998 to the present, and
who were not hired or transferred into the warehouse positions for
which they applied. On February 26, 2010, the company and the
EEOC entered into an agreement to settle the case for $12 million
plus related taxes and expenses, and on March 1, 2010, the
court entered an agreed Consent Decree memorializing the
settlement.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2"><b>Hazardous Materials
Investigations:</b> On November 8, 2005, the company received
a grand jury subpoena from the United States Attorney’s
Office for the Central District of California, seeking documents
and information relating to the company’s receipt,
transportation, handling, identification, recycling, treatment,
storage and disposal of certain merchandise that constitutes
hazardous materials or hazardous waste. The company has been
informed by the U.S. Attorney’s Office for the Central
District of California that it is a target of a criminal
investigation into potential violations of the Resource
Conservation and Recovery Act (“RCRA”), the Clean Water
Act and the Hazardous Materials Transportation Statute. This U.S.
Attorney’s Office contends, among other things, that the use
of company trucks to transport certain returned merchandise from
the company’s stores to its return centers is prohibited by
RCRA because those materials may be considered hazardous waste. The
government alleges that, to comply with RCRA, the company must ship
from the store certain materials as “hazardous waste”
directly to a certified disposal facility using a certified
hazardous waste carrier. The company contends that the practice of
transporting returned merchandise to its return centers for
subsequent disposition, including disposal by certified facilities,
is compliant with applicable laws and regulations. While management
cannot predict the ultimate outcome of this matter, management does
not believe the outcome will have a material effect on the
company’s financial condition or results of
operations.</font></p>
<p style="MARGIN-TOP: 12px; MARGIN-BOTTOM: 0px"><font style="FONT-FAMILY: Times New Roman" size="2">Additionally, the U.S.
Attorney’s Office in the Northern District of California has
initiated its own investigation regarding the company’s
handling of hazardous materials and hazardous waste and the company
has received administrative document requests from the California
Department of Toxic Substances Control requesting documents and
information with respect to two of the company’s distribution
facilities. Further, the company also received a subpoena from the
Los Angeles County District Attorney’s Office for documents
and administrative interrogatories requesting information, among
other things, regarding the company’s handling of materials
and hazardous waste. California state and local government
authorities also initiated investigations into these matters. The
company is cooperating fully with the respective authorities. While
management cannot predict the ultimate outcome of this matter,
management does not believe the outcome will have a material effect
on the company’s financial condition or results of
operations.</font></p>
</div>Note 11. Legal
Proceedings
The company is involved in
a number of legal proceedings. The company has made accruals with
respect to these matters, wherefalsefalsefalseOpen legal proceedings in the normal course of business, including product liability and other litigation and contingencies.No authoritative reference available.falsefalse11falseUnKnownUnKnownUnKnownfalsetrue