8th Circuit turns aside class-action over supplement’s effectiveness
The 8th U.S. Circuit Court of Appeals tossed out a suit against the makers of a non-FDA-approved nutritional supplement to treat memory issues, saying the lead plaintiff had failed to show a violation of the Missouri Merchandising Practices Act.
Lawyer wrongly contacted by debt collector can’t sue
A split panel of the 8th U.S. Circuit Court of Appeals ruled Sept. 6 that a St. Louis lawyer can’t sue a company that contacted him in violation of a federal consumer protection law.
Judge OKs $7.2M settlement in tractor-fluid class action
A federal judge in Kansas City gave final approval to a $7.2 million class-action settlement on claims that a brand of tractor hydraulic fluid was deceptively and misleadingly labeled.
Finance company prevails in dispute over car’s title
A dispute over a car sale gone sour resulted in arbitration and an eventual judgment for the finance company.
Supreme Court OKs arbitration for claims against loan servicer
The Missouri Supreme Court ruled on July 12 that a group of former car owners remain bound by an agreement to arbitrate their claims against a loan servicer even as they are being sued in court for what they still owe on their cars.
Consumer Law: Home Equity Loan-Imposition of Lender Insurance-Evidence of Agreement
Plaintiff filed suit against his mortgagee, alleging it illegally imposed lender insurance for plaintiff’s failure to obtain mortgage insurance and further alleging the mortgagee improperly reneged on a rate-reduction agreement between plaintiff and the mortgagee’s predecessor. The district court dismissed the first claim, finding plaintiff had notice of a global settlement releasing such clai[...]
Consumer Law: Consumer Loans-Arbitration-Exclusive Arbitral Forum
Plaintiff appealed the circuit court’s order denying its motion to compel arbitration and stay proceeding on defendant’s claims. The parties executed contracts for consumer loans that contained arbitration clause granting exclusive jurisdiction to the National Arbitration Forum; thereafter, NAF entered a consent decree with the Minnesota Attorney General to stop providing arbitration s[...]
Consumer Law : Fair Debt Collection Practices Act – Unsophisticated Consumer Standard – Violation Of Cease Letter
Scheffler v. Gurstel Chargo, P.A. (MLW No. 72046/Case No. 17-2141 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Grasz, J.)
Consumer Law : MMPA – Jurisdiction – Deceptive Representations
Faltermeier v. FCA US LLC (MLW No. 71982/Case No. 17-2093 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.)
Consumer Law : Financing Application – Arbitration – Class Action
Parm v. Bluestem Brands, Inc. (MLW No. 71973/Case No. 17-1931 – 14 pages) (U.S. Court of Appeals, 8th Circuit, Shepherd, J.)
Consumer Law : Foreclosure Sale – Redemption Period – Minnesota Law
Litterer v. Rushmore Loan Management Services (MLW No. 71870/Case No. 16-3060 – 4 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.)
Consumer Law : Credit Card Debt – Compound Interest – Minnesota Law
Coyne v. Midland Funding LLC (MLW No. 71880/Case No. 17-2826 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Arnold, J.)
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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