Missouri Lawyers Media Missouri legal news and public notices

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 ...

Tagged with: Deceptive Advertising Federal Question Jurisdiction Pet Food Products

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 ...

Tagged with: Dismissal With Prejudice Failure to Comply with Pretrial Scheduling Order Home Equity Loans

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 ...

Tagged with: Health Care Providers Medical Records Search Search Fee When No Records Found

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 ...

Tagged with: Abuse of Discretion Rule 60(b) Motion Standard Of Review

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 ...

Tagged with: loans Res Judicata Violations of State Law

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 ...

Tagged with: Attorneys’ Fee Award Fair Debt Collection Practices Act Missouri Merchandising Practices Act

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 ...

Tagged with: Award of Rescission Missouri Merchandising Practices Act

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 ...

Tagged with: Attorney's fees MMPA Punitive Damages

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 ...

Tagged with: Fee for Legal Document Preparation Fee-Shifting Unauthorized Law Business

Where appellant challenged the denial of her action against the Consumer Financial Protection Bureau, the bureau preserved consumers’ ability to pursue a private cause of action, so the district court did not err, and the court did not abuse its ...

Tagged with: Denial of Discovery Request Dismissal of Action

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 ...

Tagged with: Amount In Controversy MMPA Removal of Class Action