McKeage v. Bass Pro Outdoor World, LLC, No. 18-3633 (8th Cir. 2019)Annotate this Case
Plaintiffs filed suit alleging that TMBC's nationwide practice of charging a fee for preparing legal documents when selling boats and trailers constituted unauthorized law business in violation of Mo. Rev. Stat. 484.010 and 484.020. The Eighth Circuit affirmed the district court's grant of summary judgment to the class, but reversed the award of attorney's fees and costs. The court directed the district court to enforce a contractual fee-shifting provision that entitled the class to recover "all litigation costs and expenses, including reasonable attorneys' fees" from TMBC. On remand, the district court shifted $2,398,353.09 in attorney's fees to TMBC but awarded $700,000 in costs from the common fund. Plaintiffs appealed.
The court held that plaintiffs suffered a concrete injury and therefore had standing to bring this action. The court found no error in the amount of attorney's fees and costs awarded, but reversed the district court's decision to award plaintiffs costs from the common fund rather than shifting them to TMBC.