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The MDL is pending in the U.S.
−Removed: District Court for the Northern District of Ohio and includes over 2,000 cases as of August 18, 2023.
+Added: District Court for the Northern District of Ohio and includes over 400 cases as of November 15, 2023.
The liability phase of a single, two-county trial in one of the MDL cases against a number of parties, including the Company, regarding opioid dispensing claims resulted in a jury verdict on November 23, 2021, finding in favor of the plaintiffs as to the liability of all defendants, including the Company.
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The monetary aspect of the judgment is stayed pending appeal, and the injunctive portion of the judgment went into effect on February 20, 2023.
+Added: On September 11, 2023, the Sixth Circuit Court of Appeals issued an order certifying certain questions in the appeal for review by the Supreme Court of Ohio.
The MDL designated five additional single-county cases as bellwethers to proceed through discovery, though those bellwether plaintiffs have elected to participate in the Settlement Framework.
−Removed: The MDL may designate additional bellwethers of cases brought by healthcare providers and third-party payers.
−Removed: In addition, there are approximately 140 other cases pending in state and federal courts throughout the country as of August 18, 2023, as well as other cases in Canada against Wal-Mart Canada Corp.
+Added: On October 25, 2023, the MDL designated four cases brought by third-party payers as bellwether cases to proceed through discovery.
+Added: Additional bellwethers of cases brought by hospitals and other healthcare providers may be designated in the future.
+Added: In addition, there are over 100 other cases pending in state and federal courts throughout the country against the Company as of November 15, 2023, as well as other cases in Canada against Wal-Mart Canada Corp.
and certain other subsidiaries of the Company.
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territories, that are intended to resolve substantially all opioids-related lawsuits brought by state and local governments against the Company.
−Removed: As described in more detail in Note 6 to the Condensed Consolidated Financial Statements, the Settlement Framework will become effective on September 6, 2023.
+Added: As described in more detail in Note 6 to the Condensed Consolidated Financial Statements, the Settlement Framework became effective on September 6, 2023.
DOJ Opioid Civil Litigation:
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On May 5, 2023, the Company's Board of Directors appointed an independent Special Litigation Committee (the "SLC") to investigate the allegations regarding certain current and former officers and directors named in the various proceedings regarding oversight with respect to opioids.
−Removed: The Board has authorized the SLC to retain independent legal counsel and such other advisors as the SLC deems appropriate in carrying out its duties.
+Added: The Board has authorized
+Added: the SLC to retain independent legal counsel and such other advisors as the SLC deems appropriate in carrying out its duties.
The derivative matter pending in the Delaware Court of Chancery is stayed until the SLC completes its investigation.
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Of Ill, 6/28/22.
+Added: Mexico Antitrust Matter:
+Added: Comisión Federal de Competencia Económica of México, Investigative Authority v.
+Added: Nueva Wal-Mart de México, S.de R.L.
+Added: (Docket IO-002-2020, consolidated with Docket DE-026-2020), Mexico, 10/6/23.
CERTAIN OTHER MATTERS
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ENVIRONMENTAL MATTERS :
−Removed: Item 103 of SEC Regulation S-K requires disclosure of certain environmental matters when a governmental authority is a party to the proceedings and such proceedings involve potential monetary sanctions that the Company reasonably believes will exceed an applied threshold not to exceed $1 million.
+Added: Item 103 of SEC Regulation S-K requires disclosure of certain environmental matters when a governmental authority is a party to the proceedings and such proceedings involve potential monetary sanctions that the Company reasonably believes will exceed an applied threshold of $1 million.
In December 2021, the Office of the Attorney General of the State of California filed suit against the Company, bringing enforcement claims regarding Walmart's management of waste consumer products at its California facilities that are alleged to be hazardous.
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Walmart Inc., and a trial date has been scheduled for April 22, 2024.
−Removed: The Company believes the suit is without merit and is vigorously defending this litigation matter.
+Added: The Company believes it has strong defenses and is vigorously defending this litigation matter.
While the Company cannot predict the ultimate outcome of this matter, the potential for penalties or settlement costs could exceed $1 million.
Although the Company does not believe that this matter will have a material adverse effect on its business, financial position, results of operations, or cash flows, the Company can provide no assurance as to the scope and outcome of this matter and no assurance as to whether there will be a material adverse effect to its business or its Condensed Consolidated Financial Statements.
+Added: In October 2023, the Company received a Finding of Violation from the U.S.
+Added: Environmental Protection Agency (the "EPA") alleging violations of the Clean Air Act in connection with the Company's refrigeration leak detection and repair program at certain of its facilities.
+Added: The Company is evaluating the findings and cooperating with the EPA in its investigation.
+Added: The EPA may seek to impose monetary and non-monetary penalties for the alleged violations of the Clean Air Act.
+Added: Due to the fact that this process is in an early stage, the Company is unable to predict the final outcome of this matter.
+Added: Although the Company does not believe this matter will have a material adverse effect on its business, financial position, results of operations, or cash flows, the Company can provide no assurance as to the scope or outcome of this matter and no assurance as to whether there will be a material adverse effect to its business or its Condensed Consolidated Financial Statements.
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.