Civil Practice: Class Action-Certification-Deceptive Advertising

Where a vacuum manufacturer challenged an order certifying a nationwide class of plaintiffs in a case involving allegedly deceptive advertising practices and concluding that Missouri law applied to all claims, the only action that took place in Missouri was the design of the advertisement, so the consumer protection laws of each class member’s home state governed each claim and class certification was not appropriate for those claims.

Judgment is reversed and remanded.

Hale v. Emerson Electric Company (MLW No. 74082/Case No. 18-1585 – 6 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Missouri, Autrey, J. (James F. Bennett, St Louis, argued for appellant; Mark G. Arnold, Joseph C. Orlet, Hannah Fleener Preston and Matthew R. Grant appeared on the brief) (Anthony G. Simon, St Louis, argued for appellees; John G. Simon, Richard J. Arsenault, Randall Seth Crompton, Eric D. Holland, Charles E. Schaffer and Jay Dinan appeared on the brief).