Doris Forte v. Wal-Mart Stores, Incorporate

E. GRADY JOLLY, Circuit Judge:

This case of first impression calls upon us to interpret and apply the Texas Optometry Act. Wal-Mart rented space to optometrists using a standard lease agreement requiring optometrists to make representations in their leases of the projected number of hours their offices would remain open. A jury found Wal-Mart liable for “setting or attempting to influence ... office hours of an optometrist” in violation of the Act. The jury returned a civil penalty award, which the district judge called “stunning” and “the highest verdict that’s been reached in this court ...…