Faltermeier v. FCA US LLC, No. 17-2093 (8th Cir. 2018)Annotate this Case
Plaintiff appealed the district court's grant of summary judgment in an action alleging that FCA violated the Missouri Merchandising Practices Act (MMPA) by making deceptive representations about the safety of certain Jeep vehicles. Plaintiff also appealed the denial of his motion to remand to state court.
The Eighth Circuit held that it had jurisdiction under the Class Action Fairness Act (CAFA) where the amount in controversy jurisdictional limit was satisfied after taking into consideration the sum of damages and the amount of potential attorneys' fees. The court held that plaintiff's claim under the MMPA failed where his purchase had no relationship with the alleged misrepresentation regarding the vehicles' safety. In this case, there was no evidence suggesting that either the seller or the buyer was aware of the misrepresentation, nor was the intermediary seller an unwitting conduit for passing on the substance of the misrepresentation.
Court Description: Erickson, Author, with Wollman and Shepherd, Circuit Judges] Civil case - Missouri Merchandising Practices Act. The district court did err in determining that it had jurisdiction under the Class Action Fairness Act because the cost of repairs for the Jeep brand vehicles involved in the class, which is an available form of damages under the Missouri Merchandising Practices Act, together with attorneys' fees, would exceed the $5 million threshhold; the district court did not err in dismissing the named plaintiff's claims as his purchase had no relationship to the alleged misrepresentations concerning the vehicles' safety; there was no evidence that either the buyer or the seller of the vehicle was aware of defendant's alleged misrepresentation, and the seller was not an unwitting conduit for passing on the substance of the misrepresentation.