U.S. Court of Appeals for the Eighth Circuit

Case Status


Docket Number


Oral Argument Date

April 14, 2015


Case Updates

Petitions for enbanc rehearing and panel rehearing denied

August 07, 2015

Eighth Circuit affirms district court decision denying class certification

June 18, 2015

The Eighth Circuit affirmed a district court's judgment declining to certify a proposed class asserting consumer-protection claims against H&R Block, Inc. under the Missouri Merchandising Practices Act (MMPA) on the ground that the class did not satisfy the predominance requirement of Federal Rule of Civil Procedure 23(a).

U.S. Chamber files amicus brief

December 09, 2014

In its brief, the Chamber asked the Eighth Circuit to affirm the judgment of the district court, holding that the certification of a proposed class is not appropriate under Federal Rule of Civil Procedure 23 (a) since the predominance requirement was not met because the appellant could not constitutionally apply the MMPA to claims arising from transactions occurring in states other than Missouri. The brief argues that the district court was correct not to certify the class and that companies who engage in business transactions in multiple states or nationwide, and their operations could be seriously impeded if they are forced to comply universally with state-specific laws that conflict with the laws of many other states in which their business is conducted.

Bert W. Rein, Laura A. Foggan and Jennifer A. Williams of Wiley Rein LLP represented the U.S. Chamber of Commerce as co-counsel to the U.S. Chamber Litigation Center.

Case Documents