Articles Posted in Supreme Court of Missouri

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The Supreme Court reversed the judgment of the trial court in this class action finding that every class member suffered damage as a result of alleged misrepresentations on the part of Nissan North American, Inc. and entered judgment for Nissan pursuant to Mo. R. Civ. P. 84.14. Plaintiff, on behalf of a class of similarly situated plaintiffs, sued Nissan for violations of the Missouri Merchandising Practices Act, Mo. Rev. Stat. 407.010 to 407.130, based on alleged misrepresentations concerning the dashboards in certain Nissan Infinity FX vehicles. After a jury trial, the trial court entered judgment requiring Nissan to pay $2,000 in damages to each class member and $1.9 million in attorney fees. The Supreme Court reversed, holding that the statements at issue were not actionable “misrepresentations” under section 407.020.1. View "Hurst v. Nissan North America, Inc." on Justia Law

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The Supreme Court vacated the judgment of the circuit court dismissing Appellants’ petitions against Respondents for failure to state a claim for relief. The circuit court ruled that the petitions, which alleged, in part, the improper collection of post-judgment interest, failed to state a claim because nontort judgments automatically accrue post-judgment interest even when the judgments do not expressly award such interest. The Supreme Court held that the circuit court correctly ruled that nontort judgments automatically accrue post-judgment interest, but the petitions may have adequately stated a claim for relief against Respondents for other reasons. The court remanded the case to the circuit court to consider Appellants’ remaining claims following the dismissal of their claims related to post-judgment interest. View "Dennis v. Riezman Berger, P.C." on Justia Law

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In 2013, Plaintiff purchased a new car from Defendant. In 2014, Plaintiff filed the underlying petition for damages, alleging that Defendant violated the Missouri Merchandising Practices Act by failing to pass title for her new vehicle. Thereafter, Defendant asked the trial court to enforce the arbitration agreement between the parties. The trial court overruled the motion to compel arbitration on the ground that the contract between the parties was void under Mo. Rev. Stat. 301.210. The Supreme Court vacated the judgment of the trial court, holding that even though the sale between Plaintiff and Defendant may be void under section 301.210, that question is for the arbitrator to determine, not the trial court. Remanded with instructions for the trial court to grant Defendant’s motion and compel arbitration. View "Ellis v. JF Enters., LLC" on Justia Law