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Apr 6, 2020

Civil Practice: Class Actions-Certification

Where railroad employees moved to certify a class action for a claim challenging the railroad’s fitness-for-duty policy under the Americans with Disabilities Act, the individualized inquiries could not be addressed in a manner consistent with Rule 23, so the predominance and cohesiveness requirements of the rule were violated, and the district court abused its discretion […]

Nov 8, 2019

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 […]

Sep 17, 2019

Administrative: Child-Support Arrearage-Certification-Educational Expenses

Where a father appealed a determination by the state’s Family Support Division that affirmed the division’s certification to the U.S. Department of State that the father owed an arrearage of child support in an amount that exceeded $2,500, the judgment is affirmed because a court-ordered obligation to pay post-secondary educational expenses is a child-support obligation, […]

Apr 29, 2019

Civil Practice: Class Action-Certification

Where a named plaintiff in a class action alleging the underpayment of gas royalties sought a new trial, arguing that the district court should have excluded the relevant royalty statements, the statements were relevant because they helped jurors to determine whether costs were reasonable, and the judgment is affirmed on the remaining evidentiary challenges, and […]

Oct 1, 2018

Elections: Initiative Petition- Certification- Signatures in Support

Plaintiff appealed the dismissal of his petition to compel the Missouri Secretary of State to decertify a medical marijuana-initiative petition, arguing that signatures in support were not properly collected, alleging “thousands of individuals…signed [the petition] while not in the presence of the circulator” and that “circulators did not actually sign the affidavits in the presence [&hell[...]

Sep 20, 2018

Elections: Initiative Petition -Medical Marijuana – Certification

Where the secretary of state was not permitted to look behind a circulator’s affidavit to determine veracity, plaintiff failed to state a claim to decertify medical marijuana initiative petition based on secretary of state’s improper certification of signatures in support. Judgment is affirmed. Bradshaw v. Ashcroft (MLW No. 72136/Case No WD82075 – 24 pages) (Missouri […]

Mar 13, 2017

Civil Practice : Class Action – Certification – Motion To Intervene

Colella’s Super Market, Inc. v. SuperValu, Inc. (MLW No. 70244/Case No. 15-3089 – 13 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)

May 9, 2016

Civil Practice : Class Action – Certification – Unsolicited Fax

Sandusky Wellness Center, LLC v. Medtox Scientific, Inc. (MLW No. 69134/Case No. 15-1317 – 10 pages) (U.S. Court of Appeals, 8th Circuit, Benton, J.)

Nov 12, 2015

Criminal Law : Breath Alcohol Test – Certification – Foundation

State v. Pickering (MLW No. 68457/Case No. WD77930 – 10 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Jan 18, 2012

Civil Practice: Class Action – Certification – Document Preparation

State ex rel. Robert McKeage, et al. v. Cordonnier (MLW No. 63188/Case No. SC91658 – 7 pages) (Supreme Court of Missouri, Draper III; all concur)

Sep 21, 2011

Civil Practice: Class Action – Certification – Warranty Claims

Hope, et al. v. Nissan North America, Inc. (MLW No. 62760/Case No. WD73299 – 36 pages) (Missouri Court of Appeals, Western District, Smart, J.)

Sep 17, 2009

Judge certifies class action against battery maker

A federal judge in Kansas City has conditionally certified a class action lawsuit against four nationwide branches of a battery manufacturing company. The lawsuit, filed in February, claims employees for EnerSys aren’t paid for the time they spend putting on and taking off their protective clothing. The lawsuit includes workers at facilities in Warrensburg; Hays, […]

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