Grawitch, et al. v. Charter Communication, No. 13-1606 (8th Cir. 2014)
Annotate this CasePlaintiffs filed a purported class action against Charter in Missouri state court, alleging that Charter violated the Missouri Merchandising Practices Act (MMPA), Mo. Rev. Stat. 407.10 et seq., and breached its contract with the class members. Plaintiffs alleged that Charter had provided the class members with Internet modems that were incapable of operating at the speed that Charter had promised. Charter removed to federal court. The court concluded that Charter met its burden of showing that the amount in controversy exceeded the Class Action Fairness Act of 2005's (CAFA), 28 U.S.C. 1332(d), $5 million jurisdictional threshold. The court also concluded that, under Missouri law, plaintiffs failed to allege facts to support pecuniary loss. Accordingly, the court affirmed the district court's dismissal of the complaint.
Court Description: Civil case - Class Actions. In action alleging defendant violated Missouri's Merchandising Practices Act and its contract with class members by providing them modems incapable of operating at the speed defendant promised, removal of the case to federal court was proper under the Class Action Fairness Act as the defendant established that the amount in controversy exceeded $5 million; district court did not err in dismissing the action as plaintiffs failed to allege sufficient facts to support their damage allegations.
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