West Virginia Affirms Summary Judgment for Retailer in Unfair Sales Practices Litigation
The Supreme Court of Appeals of West Virginia has affirmed a lower court’s grant of summary judgment in favor of an operator of a chain of gas stations and convenience stores alleged to have sold gasoline below cost in violation of the state’s Unfair Practices Act, ruling that the state legislature did not intend to include taxes in the calculation of a retailer’s product cost.
Honey Litigation Settled Favorably
Shook, Hardy & Bacon defended multiple consumer class actions in which plaintiffs claimed grocery retailers violated the Florida Deceptive and Unfair Trade Practices Act by failing to disclose whether any pollen was removed from honey products during ordinary processing.
Client Prevails in Missouri Merchandising Practices Act Case
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.
Jury Unanimously Finds for Retailers in "Hot Fuel" Trial
The Kansas City Star triggered a wave of class actions across the country when it estimated that expanding gas volumes in hot weather were costing consumers billions in hidden costs at the pump. Plaintiffs alleged that 80 retailers and oil refiners violated state laws by selling gas at temperatures above the industry standard of 60 degrees and asserted consumer fraud and conspiracy claims, alleging that defendants advertised and sold fuel at a specified price per gallon without disclosing or accounting for temperature variance.
National Fuel Retailer Defeats Putative FACTA Class Action
In denying plaintiffs’ Rule 23 motion, the court found that the difficulties in managing a class action in the case would be too great.