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Wal-Mart Stores, Inc. v. Cuker Interactive, LLC

United States District Court, W.D. Arkansas, Fayetteville Division

April 24, 2017

WAL-MART STORES, INC. PLAINTIFF/ COUNTER-DEFENDANT
v.
CUKER INTERACTIVE, LLC DEFENDANT/ COUNTER-CLAIMANT

          ORDER ON JURY VERDICT

          HON. TIMOTHY L. BROOKS UNITED STATES DISTRICT JUDGE

         On the 10th day of April, 2017, this matter came before the Court for trial to a duly qualified and selected jury consisting of nine (9) members. On April 20, 2017, after nine days of trial, the parties rested. The jury was instructed on applicable law, closing arguments were presented, and the case was submitted on interrogatories. The jury recessed over the evening hours and returned on April 21, 2017, to continue deliberating its verdict. Thereafter, the jury appeared in open court and delivered the following unanimous verdicts[1]:

         1. Walmart's Breach of Contract Claim Against Cuker

         INTERROGATORY NO. 1-A: Do you find, by the greater weight of the evidence, that Cuker breached its contract with Walmart?

         Answer: No

         2. Cuker's Breach of Contract Claim Against Walmart

         INTERROGATORY NO. 2-A: Do you find, by the greater weight of the evidence, that Walmart breached its contract with Cuker?

         Answer: Yes

         INTERROGATORY NO. 2-B: What amount do you find, by the greater weight of the evidence, reasonably and fairly compensates Cuker for Walmart's breach of contract?

         Answer: $30, 629.00

         3. Cuker's Unjust Enrichment Claim Against Walmart

         INTERROGATORY NO. 3-A: Do you find, by the greater weight of the evidence, that Walmart was unjustly enriched to Cuker's detriment?

         Answer: Yes

         INTERROGATORY NO. 3-B: What amountdo you find, bythegreaterweightofthe evidence, is the reasonable value of Cuker's services unjustly received by Walmart?

         Answer: $400, 000.00

         INTERROGATORY NO. 3-C: Do you find, by the greater weight of the evidence, that Walmart intentionally demanded the services it unjustly received, with the knowledge or belief that those services were ...


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