U.S. District Court, Western District of Missouri
Serving as national and local counsel, Shook, Hardy & Bacon attorneys successfully defended a publisher and online retailer in a putative class action under the Missouri Merchandising Practices Act, one of the most plaintiff-friendly consumer-protection statutes in the country.
The plaintiff claimed that the online retailer engaged in unfair sales practices in the sale and billing of foreign-language lessons. Shook attorneys served an offer of judgment and filed a motion to dismiss. After we conducted a targeted factual investigation, the class representative elected to dismiss his case with prejudice and no class was certified—all within four months of the plaintiff’s initial complaint. Bray v. Simon & Schuster, Inc., 2014 WL 2893202 (W.D. Mo. 2014).