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Tag Archives: class action

Contracts: Prescription Drug Benefit Plan-Arbitration Agreement -Class Action

Defendants appealed from the district court’s grant of summary judgment to plaintiff in the parties’ dispute involving their prescription drug benefit plan agreements, with plaintiff having filed suit to block defendants’ demand for class arbitration. The district court ruled that ...

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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 ...

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Consumer Law: FDCPA-Class Action-Least-Sophisticated Consumer

Plaintiffs appealed the dismissal of their purported class action under the FDCPA. Where the least-sophisticated-consumer standard contained an objective element of reasonableness to avoid peculiar interpretations of debt-collector communications, the district court properly denied plaintiffs’ complaint. Judgment is affirmed. Carroll ...

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Civil Practice: Class Action-Misleading Labeling-Settlement Approval

Where members brought a class action against a herbicide manufacturer alleging the company used misleading labeling on a concentrate herbicide, the judgment is affirmed because the district court did not err in approving the parties’ settlement and overruling the objections ...

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Civil Practice: Class Action-Denial of Certification-Numerosity Requirement

Where class representatives, who claimed an employer failed to pay overtime compensation, challenged the trial court’s denial of their amended motion for class certification, the judgment is reversed and remanded because the evidence was sufficient to fulfill the numerosity requirement ...

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Civil Practice: Class Action-Opt-Out Provisions-Intervention

Where in a putative class action challenging oil and gas royalty payments for oil wells, 248 royalty owners moved to intervene to challenge the opt-out provisions, and the district court denied the motions, the judgment is affirmed because the owners ...

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