Consumer Law : MMPA – Res Judicata – Notice

Where appellant challenged the grant of summary judgment to bank defendants on claims of breach of contract, violations of the Missouri Merchandising Practices Act and common law fraud, the judgment is affirmed because the claims were barred by res judicata, the appellant did not show fraud in the delivery of the class notice, and collateral attack on the class action judgment was not appropriate.

Judgment is affirmed.

Topchian v. JPMorgan Chase Bank (MLW No. 71207/Case No. WD80472 – 31 pages) (Missouri Court of Appeals, Western District, Mitchell, J.) Appealed from circuit court, Jackson County, Campbell, J. (John Campbell, Erich Vieth and Alicia Campbell, St. Louis, for appellant) (Robert J. Hoffman and Jennifer A. Donnelli, Kansas City, Missouri; Richard C. Wuestling and Susan M. Dimond, St. Louis; Andrew R. Kasnetz, Timothy C. Sansone and Joseph F. Devereux III, St. Louis, for respondents).

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