PER CURIAM:
The Texas Supreme Court has resolved the certified questions in this case. In the light of its answers, we now vacate the district court's judgment and remand for further proceedings.
Plaintiffs, a group of optometrists who leased office space from Wal-Mart Stores, Inc., in its retail stores, sued Wal-Mart for violations of the Texas Optometry Act, Tex. Occ. Code §§ 351.001-.608. They alleged that Wal-Mart, in violation of the Act, attempted to control their practice of optometry by exercising influence over their hours. Plaintiffs conceded that they did not suffer any compensatory damages, but instead sought civil penalties under the Act. After trial, a jury returned a verdict in the Plaintiffs' favor, and the district court entered judgment in the amount of $1,395,400, consisting entirely of statutory civil penalties.
Wal-Mart appealed the district court's judgment. In our first opinion addressing the matter, we held that (1) Wal-Mart could properly be held liable under the Act, but that (2) the damages awarded, "civil penalties" assessed under the Optometry Act, were awarded in violation of Chapter 41 of the Texas Civil Practices
The Texas Supreme Court accepted the certified questions and answered both questions "yes," reaching the same outcome as we did originally in Forte I. Wal-Mart Stores, Inc. v. Forte, 497 S.W.3d 460, No. 15-0146, 2016 WL 2985018 (Tex. May 20, 2016), reh'g denied (Sept. 23, 2016) ("Forte III"). In other words, the Texas Supreme Court found that "civil penalties" under the Optometry Act were, by operation of Chapter 41, unavailable to private plaintiffs who had not sustained any actual damages.
The parties were subsequently ordered to file letter briefs addressing (1) what matters remain for adjudication in the light of the Texas Supreme Court's opinion, and (2) what action this Court should now take. As to the first issue, the parties agree that Forte III resolved the merits of this matter, and that the district court's judgment regarding damages must be vacated; attorneys' fees are the only matter that remains in this case. The parties disagree over the second issue. The Optometrists argue that they are entitled to attorneys' fees and so this Court should remand to the district court for proceedings regarding fees. Wal-Mart argues that the Optometrists are not entitled to fees, and that this Court should find as much as a matter of law.
We find that the best course is to remand this case to the district court so that it may determine in the first instance whether the Optometrists are entitled to attorneys' fees in the light of the Texas Supreme Court's opinion and the correspondent vacatur of their damages award.
Accordingly, we AFFIRM the district court's judgment regarding Wal-Mart's liability and REVERSE and VACATE the district court's judgment regarding damages. The case is REMANDED to the district court for further proceedings consistent with this opinion, our opinion in