Walmart and about 1,000 other merchants are asking a judge to reject final approval of a credit card fee settlement, arguing that it gives Visa, Mastercard and large banks “sweeping” immunity while offering merchants “temporary and meager relief. retailerrenewed its battle Monday against the settlement, asking a federal court to reject it, while joining with Circle K and the National Association of Convenience Stores in asking U. District Judge Brian Cogan to allow them to opt out and not be bound by the settlement, citing their constitutional rights. economy, based on speculative economic theory that has not even had the benefit of adversarial testing,” Walmart said in its 299-page legal broadside against the pact. Walmart, Circle K and NACS said that forcing them to participate in the class unwillingly raises constitutional concerns under the Fifth Amendment’s “takings clause,” which prohibits the government from imposing economic disadvantage without proper compensation.