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Consumer Law : Unauthorized Practice – MMPA – Class Certification

Stephanie Maniscalco//April 28, 2017

Consumer Law : Unauthorized Practice – MMPA – Class Certification

Stephanie Maniscalco//April 28, 2017

Where a restaurant operator sued a corporation that prepares annual minutes for corporations alleging the unauthorized practice of law and violations of the Missouri Merchandising Practices Act, the trial court erred in finding that the defendant was not conducting the unauthorized practice when charging a fee for the prepared minutes that allegedly met legal requirements, and the court also erred in denying class certification, so the judgment is reversed and remanded for the court to certify a proper class and for further proceedings.

Judgment is reversed and remanded.

Lucas Subway Midmo, Inc. v. The Mandatory Poster Agency, Inc. (MLW No. 70456/Case No. WD79834 – 22 pages) (Missouri Court of Appeals, Western District, Witt, J.) Appealed from circuit court, Cole County, Beetem, J. (Kari A. Schulte and Matthew A. Clement, Jefferson City, for appellant) (Glenn Davis and Charles N. Insler, St. Louis, for respondent).

Read the full text of this opinion. (PDF)

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