Free Newsletter
Consumer Law: Missouri Merchandising Practices Act-Award of Rescission
Staff Report//February 3, 2020//
Consumer Law: Missouri Merchandising Practices Act-Award of Rescission
Staff Report//February 3, 2020//
Listen to this articleDefendant appealed from the judgment in favor of the attorney general for defendants’ violations of the Missouri Merchandising Practices Act and from the award of “rescission” to the attorney general. The attorney general’s complaint alleged that defendants had sold a pasteurization machine it represented was PMO-compliant when defendants knew it was not and concealed that fact.
Where defendants failed to prove that their appellate arguments were raised below and where the MMPA applied to claims involving a corporate consumer, the court affirmed the judgment entered against defendants.
Judgment is affirmed.
State ex rel. Schmitt v. Schier Company Inc. (MLW No. 74468/Case No. SD35829 – 14 pages) (Missouri Court of Appeals, Southern District, Bates, J.) Appealed from circuit court, Wright County, Thompson, J. ( Heath Hardman, Mountain Grove, for appellant) (David Zhubo Ma, Jefferson City, for respondent)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
