Hale v. Emerson Electric Co., No. 18-1585 (8th Cir. 2019)
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The Eighth Circuit reversed the district court's order certifying a nationwide class of plaintiffs in a case involving allegedly deceptive advertising practices. The action arose out of allegedly deceptive advertising associated with RIDGID brand vacuums. The district concluded that all class members' claims would be governed by Missouri law and thus determined class resolution was appropriate.
The court held that the claims of non-Missouri residents did not relate to “trade or commerce . . . in or from the state of Missouri” and the Missouri Merchandising Practices Act could not be applied to them. The court also held that the district court should have conducted separate choice of law analyses for the breach of warranty and unjust enrichment claims. Accordingly, the court remanded for further proceedings.
Court Description: Per Curiam. Before Chief Judge Smith, Kelly, and Kobes, Circuit Judges] Civil Case - class certification. In action against Emerson Electric Company alleging deceptive advertising of its vacuum cleaners' horsepower, the district court granted a national class certification, concluding that Missouri law applied to all claims. With respect to the Missouri Merchandising Practices Act claim, the only action taking place in Missouri is the design of the advertisement; consumer protection laws of each class member's home state governs each consumer protection claim, and thus certification of a national class is inappropriate as to those claims. Because district court failed to conduct choice of law analysis as to other claims, remand is necessary to perform that analysis. Class certification is reversed and case is remanded.
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