An opinion was issued on Friday in the United States Court of Appeals for the Third Circuit by a three-judge panel. The initial class action complaint was
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Walmart Customer Can t Sue Over Tax On 5-Hour Energy
Law360 (August 4, 2021, 7:13 PM EDT) A man cannot bring a class action against Walmart under Pennsylvania s consumer protection law for what he asserts is improper tax collection on 5-Hour Energy drinks because incorrect tax collection isn t a consumer protection issue, a federal court said Wednesday.
Christopher Lisowski s assertion that Walmart Inc. s collection of sales tax violates the Pennsylvania Unfair Trade Practices and Consumer Protection Law is incorrect as the law regulates only activity that is part of the conduct of trade or commerce, the U.S. District Court for the Western District of Pennsylvania said. Lisowski asserted that the grocery giant improperly charged tax on its sales.
PITTSBURGH – A federal judge has denied a motion to remand a class action lawsuit to state court, one brought by a Pittsburgh man who alleged Walmart unlawfully overcharges its customers taxes on the sale of dietary products.
Christopher Lisowski of Pittsburgh (on behalf of himself and all others similarly situated) first filed suit in the Allegheny County Court of Common Pleas on Oct. 7 versus Walmart Stores, Inc., of Bentonville, Ark.
“On Dec. 29, 2019 plaintiff Lisowski purchased a six-pack of “5-Hour Energy” brand dietary supplement at the Walmart store located at 877 Freeport Road, Pittsburgh, Pennsylvania. Plaintiff Lisowski’s receipt sets forth a purchase price of $13.48 and description of the dietary supplement purchased by plaintiff Lisowski. He was charged sales tax of $0.94 on the sale,” the suit stated.