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Consumer Law: Realtors-Anticompetitive Rules-Arbitration
Burnett v. National Association of Realtors (MLW No. 80313/Case No. 22-2644 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.) Appealed from U.S. District Court, Western District of Missouri, Bough, J.
Consumer Law: Specialized Dog Food-Prescription Requirement-Subject-Matter Jurisdiction
Wullschleger v. Royal Canin U.S.A., Inc. (MLW No. 80278/Case No. 22-1796 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Stras, J.) Appealed from U.S. District Court, Western District of Missouri, Fenner, J. (Kelly Clare Frickleton, Leawood, KS for appellant; Daniel Rees Shulman, of Minneapolis, MN; James P. Frickleton, of Leawood, KS; Michael Patrick Morrill, of Columbus, GA on the brief) (Jose[...]
Consumer Law: Financial Institution Liability-Failure to Detect Fraud-Conversion
Muff v. Wells Fargo Bank NA (MLW No. 80121/Case Ns. 22-2107 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.) Appealed from U.S. District Court, Northern District of Iowa, Williams, J. (Gail E. Boliver, of Marshalltown, IA for appellant) (Monika Sehic, of Des Moines, IA for appellee; Angela J. Gray, of Des Moines, IA and Jesse Linebaugh, of Des Moines, IA on the brief)
Consumer Law: Deceptive Marketing Practices-CAFA-Motion to Remand
Brunts v. Walmart, Inc. (MLW No. 79955/Case No. 23-1381 – 5 pages) (U.S. Court of Appeals, 8th Circuit, Melloy, J.) Appealed from U.S. District Court, Eastern District of Missouri, Sippel, J. (Michael Kelvin Underhill, of San Francisco, CA for appellant) (Daniel F. Harvath, of Webster Groves, MO for appellee)
Pet Food Products-Deceptive Advertising-Federal Question Jurisdiction
Plaintiffs appealed from the remand of their putative class action alleging that defendants misrepresented that their prescription pet foods were approved by the FDA. The district court had remanded the case after finding that it lacked subject matter jurisdiction Where adjudication of plaintiffs’ state law claims depended on resolving issues of federal law, there was […]
Consumer Law: Home Equity Loans-Failure to Comply with Pretrial Scheduling Order-Dismissal with Prejudice
Plaintiff appealed from the district court’s dismissal of his complaint with prejudice for failure to comply with pretrial scheduling orders. Where plaintiff failed to submit any required filings after repeated warnings by the district court, there was no error in dismissing his case. Judgment is affirmed. Calon v. Bank of America Corporation (MLW No. 74696/Case […]
Consumer Law: Health Care Providers-Medical Records Search-Search Fee When No Records Found
Plaintiff appealed from the dismissal of his suit challenging defendant’s charging of a search fee for patient medical records searches when no responsive records were found. The district court agreed with defendant that statutory language permitted health care providers to change a “basic fee” for a records search even if the search was unsuccessful. Where […]
Consumer Law: Rule 60(b) Motion-Standard of Review-Abuse of Discretion
Plaintiff appealed from the denial of his Rule 60(b) motion. Where there was no abuse of discretion in denying plaintiff’s motion for relief from judgment as relief was authorized only in the most exceptional cases, the court affirmed judgment. Judgment is affirmed. Elliott v. Ocwen Loan Servicing LLC (MLW No. 74653/Case No. 19-2102 – 2 […]
Consumer Law: Loans-Violations of State Law-Res Judicata
Plaintiff appealed the dismissal of his civil complaint against defendants Where plaintiff’s claims of violations of state law were barred under principles of res judicata, the district court correctly dismissed plaintiff’s complaint. Judgment is affirmed. Wolfbauer v. Ocwen Loan Servicing LLC (MLW No. 74606/Case No. 19-2672 – 2 pages) (U.S. Court of Appeals, 8th Circuit, […]
Consumer Law: Fair Debt Collection Practices Act-Missouri Merchandising Practices Act-Attorneys’ Fee Award
Plaintiff sued defendants for violations of the FDCPA and Missouri Merchandising Practices Act. The district court granted summary judgment to defendant and awarded him statutory damages and attorneys’ fees calculated under the lodestar approach. Defendants filed a late appeal, alleging that a computer error prevented timely filing of their appeal. Where defendants failed to explain […]
Consumer Law: Missouri Merchandising Practices Act-Award of Rescission
Defendant 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 […]
Consumer Law: MMPA-Punitive Damages-Attorneys’ Fees
Where appellants, who brought an action against their landlord alleging damages from a bedbug infestation, challenged the denial of their motion to amend the judgment to award them attorneys’ fees on their claims under the Missouri Merchandising Practices Act, the trial court abused its discretion in denying the motion, so the motion is reversed and […]
Latest Opinion Digests
- 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
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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