Class Action Blog

The Eight Circuit recently reversed and remanded a district court’s class certification. The class plaintiff sued on grounds that defendant’s vacuums were deceptively advertised, violating the Missouri Merchandising Practices Act (MMPA) as well as breach of express and implied warranties, unjust enrichment, and “violation of other states’ consumer protection laws, and redhibition (on behalf of a Louisiana sub-class).” The district court found that Missouri Law applied after applying Missouri’s choice of law rules and then certified a class under Rule 23(b)(3). Defendant Emerson Electric sought and was granted a Rule 23(f) appeal.

Mark Pirozzi and others sued Massage Envy for allegedly violating the Missouri Merchandising Practices Act (MMPA) by using advertisements which failed to disclose that each one hour massage session included ten minutes for consulting with the therapist, undressing and dressing. The first and amended complaints failed to clearly state the amount in controversy on the face of the complaint.