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HeplerBroom Partner Glenn Davis and Associates Charles Insler and Lindsay Leible recently achieved a significant victory in defeating a class certification motion

HeplerBroom Partner Glenn Davis and Associates Charles Insler and Lindsay Leible recently achieved a significant victory in defeating a class certification motion brought in Cole County Circuit Court in Jefferson City, Missouri. In the proposed class action, Plaintiff asserted various allegations against our client, a mail order forms business, which included claims of Unlawful Practice of Law and violations of the Missouri Merchandising Practices Act. In his ruling, Judge Beetem closely tracked our client’s proposed Order in denying Plaintiff’s Motion for Class Certification. The case is noteworthy as it focused largely on the superiority element of class certification. Glenn Davis had previously negotiated a favorable assurance of voluntary compliance (AVC) with the Missouri Attorney General’s office to resolve a state injunction action.  Because the State, in essence, had already provided some form of relief for state consumers (although less than sought by the class), the Court accepted one of our client’s main arguments that the private proposed class action was duplicative. To read Judge Beetem’s entire Order, please click on the following link:

cmss_files/attachmentlibrary/Order%20Denying%20Class%20Certification%20%28002%29.pdf