231381P.pdf   05/24/2023  Nicholas Brunts  v.  Walmart, Inc.
   U.S. Court of Appeals Case No:  23-1381
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Melloy, Author, with Benton and Grasz, Circuit Judges] 
   Civil case - Class Actions. In this action plaintiffs argued that 
   defendant engaged in misleading and deceptive advertising by labeling 
   certain cough suppressants as "non drowsy;" the action was filed in 
   Missouri state court, and defendant removed it to federal court; the 
   district court then granted plaintiffs' motion to remand, concluding 
   defendant had not met the Class Action Fairness Act's jurisdictional 
   requirements of showing the amount in controversy exceeds $5 million. 
   Held: defendant did show the amount in controversy exceeded $5 million as 
   defendant's declaration that it sold more than $5 million of the product 
   in Missouri during the relevant time period was sufficient to meet the 
   Act's amount in controversy requirement at this pleading stage.