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Missouri Law Review

2010

Consumer protection

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Plaintiffs' Bar Cannot Enforce The Laws: Individual Reliance Issues Prevent Consumer Protection Classes In The Eighth Circuit, The, Michael B. Barnett Jan 2010

Plaintiffs' Bar Cannot Enforce The Laws: Individual Reliance Issues Prevent Consumer Protection Classes In The Eighth Circuit, The, Michael B. Barnett

Missouri Law Review

This Note will specifically consider the implications of In re St. Jude on class certification sought under the Missouri Merchandising Practices Act (MMPA) in federal court. Though Missouri case law does not require reliance to be shown to bring an individual action under the MMPA, federal courts likely would require a showing of causation in which common facts of reliance exist in the class context. This is true, in part, because of the similarities in the Missouri and Minnesota statutes. Further, even though the Supreme Court of Missouri is the final arbiter of Missouri law, the MMPA adopts the Federal …