Please ensure Javascript is enabled for purposes of website accessibility
Don't miss

Consumer Law

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

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 ...

Read More »

Consumer Law: Fee for Legal Document Preparation-Unauthorized Law Business-Fee-Shifting

Plaintiffs filed a class-action suit alleging defendant’s practice of charging a fee for preparation of legal documents when selling boats and trailers constituted unauthorized law business. The district court granted summary judgment and awarded attorneys’ fees and costs from the ...

Read More »

Consumer Law: MMPA-Removal of Class Action-Amount in Controversy

Where class-action plaintiffs brought an action in Missouri state court against a massage business that advertised one-hour massage sessions but failed to disclose that the sessions included 10 minutes to undress, consult and dress, the district court erred in remanding ...

Read More »