DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
203308P.pdf 03/03/2022 Wal-Mart Stores, Inc. v. Cuker Interactive, LLC
U.S. Court of Appeals Case No: 20-3308
U.S. District Court for the Western District of Arkansas - Fayetteville
[PUBLISHED] [Erickson, Author, with Smith, Chief Judge, and Wollman,
Circuit Judge]
Civil case. For the court's prior opinions in the matter, see Walmart Inc.
v. Cuker Interactive, LLC, 949 F.3d 1101 (8th Cir. 2002) and Henry Law
Firm v. Cuker Interactive, LLC, 950 F.3d 528 (8th Cir. 2020). Here, Cuker
asked the district court to commence contempt proceedings against Walmart
based on its belief that Walmart had not complied with a permanent
injunction requiring it to remove Cuker's software and files from its
computers. The district court did not err in denying Cuker's request to
commence contempt proceedings as Cukor had failed to make a prima facie
case showing a violation of, or refusal to follow, a court order.