Civil Practice :  Class Action  –  MMPA – Amount In Controversy

Where a plaintiff brought a class action against a candy manufacturer alleging that the defendant sold under-filled boxes resulting in unjust enrichment and violations of the Missouri Merchandising Practices Act, the district court properly remanded the case to the state court from which it was removed because the defendant did not meet its burden under either the plaintiffs’ viewpoint rule or the either viewpoint rule to establish by a preponderance of the evidence that the amount of controversy exceeded $5 million.

Judgment is affirmed.

Waters v. Ferrara Candy Co. (MLW No. 71102/Case No. 17-2812 – 5 pages) (U.S. Court of Appeals, 8^th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Collins, J. (Eugene A. Sokoloff, Washington D.C; Robert B. Hawk, Menlo Park, California;  Reedy C. Swanson, Washington, D.C; David J. Robbins, San Francisco; Troy Bozarth, Edwardsville, Illinois; and Charles Noah Insler, Edwardsville, Illinois, for appellant) (Scott A. Kamber, New York; Deborah Kravitz, Healdsburg, California, and Matthew Hall Armstrong, Brentwood, for appellee).

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