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Since 2006, Robert Bratton regularly purchased 5 oz cardboard boxes of Whoppers and 4 oz cardboard boxes of Reese's Pieces several times a month.  Although Mr. Bratton initially "expected the boxes to be full," he guessed that the 600 or so boxes of Whoppers and Reese's Pieces that he purchased since 2006 contained between 30-40% empty space or "slack-fill."  Mr. Bratton ultimately filed a  putative class-action lawsuit in 2016, alleging that the slack-fill in each box of candy was a violation of the MMPA. For those familiar with the MMPA, it should come as no surprise that Mr. Bratton's knowledge of how much candy and how many empty space was in each box of Whoppers and Reese's Pieces, along with his continued purchases of the candy for over 10 years was fatal to his MMPA claim.  In Bratton v. The Hershey Company, No. 16-cv-4322, 2018 WL 934899 (W.D Mo. Feb. 16, 2018), Judge Laughrey…

Hutsler stands for the proposition that a significant lapse of time between (1) advertising and sale of merchandise and (2) an alleged unfair practice will make it difficult for a plaintiff to satisfy the statutory requirement that latter be “in connection with” the former. In 2001, plaintiffs refinanced their home with Wells Fargo. Eleven years passed. In 2012, due to financial difficulty, plaintiffs couldn't make their payments.  Well Fargo foreclosed on plaintiffs' home. Plaintiffs sued, claiming that Wells Fargo violated the MMPA “in connection with the sale of the property and/or mortgage loan” based on the way Wells Fargo handled the 2012 foreclosure (e.g., failing to provide plaintiffs with loss mitigation opportunities, foreclosing on plaintiffs' home without explanation as to why they did not qualify for mortgage assistance; and making plaintiffs wait before answering their telephone calls, and transferring plaintiffs' calls). Wells Fargo moved to dismiss the MMPA claim, arguing…

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