It looks like the high-profile trade secrets case involving Walmart Inc. is on track to be in front of a jury next year.
If you recall, U.S. District Judge James M. Moody Jr. of Little Rock in December ordered a new trial in the case that yielded a $115 million verdict against the Bentonville retailer.
Ecoark Holdings Inc., formerly of Rogers and now of San Antonio, and a subsidiary, Zest Labs Inc., had sued Walmart in 2018 and won the verdict in 2021. But when the winning lawyers sought $46 million in fees, Walmart said it discovered evidence that would probably have changed the outcome of the trial.
Moody agreed and ordered a new trial. He also said he would take Walmart’s motion for sanctions and attorneys’ fees under advisement, as well as Walmart’s request to dismiss the case.
He first sent both sides to mediation in front of Magistrate Judge Patricia S. Harris. The settlement conference was Feb. 21, but the “parties were unable to reach an agreement at this conference,” according to the docket sheet.
So the trial is set for Jan. 21, 2025, in Little Rock federal court.
In other news in the case, Zest local attorneys, Bart W. Calhoun and Dustin McDaniel of McDaniel Wolff PLLC of Little Rock, asked to withdraw from the case.
They said that attorney Scott Richardson from their firm has served as primary local counsel for plaintiffs in the case. And McDaniel and Calhoun “have had minimal contact with the file. As the case is moving into a new phase, it is an opportune time to have the counsel list reflect the actual apportionment of responsibility on this matter,” the motion said.
Richardson would continue to serve as local counsel in case, and Walmart didn’t object to the motion. But Moody denied it.
Sign up for Daily E-news
