When movies, politics, the TCPA, and Article III standing come together, the results are magic.  This happened recently in Golan v. Veritas Entertainment, LLC, et al, in which the Eighth Circuit Court of Appeals told us some things about the TCPA and Article III standing, and Mike Huckabee told us about a very special movie.  Ron and Dorit Golan were…

On June 18, 2015, the Eighth Circuit decided another class action case involving Missouri borrowers who took out second mortgages on their homes and alleged that various assignees and purchasers violated the Missouri Second Mortgage Loan Act (“MSMLA”) by charging and collecting impermissible fees.  See Wong v. Wells Fargo Bank N.A. et. al., Case No. 14-1921 (8th Cir. June 18,…

In Thomas v. U.S. Bank National Association et al., No. 14-2265 (8th Cir. June 18, 2015), the Eighth Circuit affirmed the district court’s order dismissing a putative class action that alleged the defendants violated the Missouri Second Mortgage Loan Act (“MSMLA”) by charging and collecting impermissible fees in connection with plaintiffs’ principal loan amount. The plaintiffs alleged that they represented…

In Perras v. H&R Block, No. 14-2892 (8th Cir. June 18, 2015), the Eighth Circuit issued an opinion regarding an issue that has yet to be addressed by the Missouri Supreme Court - to what extent does the Missouri Merchandising Practices Act (MMPA) apply to transactions outside of the state? In 2011, the IRS promulgated new regulations requiring tax professionals, at their…

Following its grant of certiorari in Spokeo v. Robbins earlier this year, the United States Supreme Court has granted cert in yet another class action for the upcoming Fall Term that may have wide-ranging implications in the class action arena, particularly the wage-and-hour litigation. In Tyson Foods, Inc. v. Bouaphakeo, the Eighth Circuit recently affirmed the district court's decision to certify a class…

In 2009, Robert Eaton purchased a manufactured home from CMH.  The purchase contract contained a clause required Mr. Eaton to arbitrate all claims for any dispute arising out of the purchase of the home, but contained a clause that specifically reserved the right for CMH to pursue a lawsuit in court to foreclose upon any collateral, to obtain a monetary judgment, or to enforce…

Here's a quick refresher (plus a lesson) on CAFA's local-controversy exception: a district court must decline jurisdiction when more than two-thirds of the proposed class members are citizens of the state in which the action was filed.  The two-thirds is determined as of the date of the filing of the complaint.  The party seeking remand (typically the class representative / plaintiff)…

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