State of Missouri ex rel. Fogle Enterprises, Inc. -- Supreme Court issues preliminary writ re class certification in MMPA case
Relators/Defendants Fogle Enterprises, Inc., and Nolan Fogle requested that the Court issue a writ prohibiting Respondent, the Honorable Laura J. Johnson, from continuing to conduct the underlying litigation, styled Richard McMillin v. Fogle Enterprises, Inc., et al., Case No. 14AF-CC00154-01 (Christian County, Mo.), as a class action. Relators maintain that certification of the Underlying Litigation as a class action was a clear abuse of discretion, because (1) the class is not ascertainable, i.e., there is no administratively feasible method to identify the class, (2) the class definition is impermissibly overbroad, as it includes countless businesses and other customers that contributed to the CDF in connection with a transaction that was made for business purposes and who, therefore, may not maintain a private right of action under the MMPA, and (3) the lack of ascertainability and overbreadth of the class definition deprived Respondent of the ability to appropriately determine whether the requirements of Rule 52.08 and Fed. R. Civ. P. 23 were met, as required to maintain a class action under the MMPA
Petition for writ of prohibition sustained by the Court. Preliminary writ of prohibition ordered to issue returnable to Court en Banc in thirty days.