State ex rel. McKeage v. Cordonnier
357 S.W.3d 597
Mo.2012Background
- Relators filed a Missouri suit against Bass Pro for charging a $75 document preparation fee on the purchase of a boat and trailer.
- Purchase agreements contained a forum selection clause requiring litigation in Greene County, Missouri, and a Missouri-law choice-of-law provision.
- Bass Pro moved to transfer venue to Greene County; circuit court granted the transfer.
- Relators sought class certification for all affected customers under Rule 52.08(a); the class was defined to Missouri contracts only.
- The circuit court certified a Missouri-only class; Relators sought review via Rule 84.035; a preliminary writ was issued and permanent.
- The issue on appeal is whether a nationwide class should be certified, given the forum and choice-of-law provisions; the court held the circuit court abused by limiting to Missouri-only transactions and remanded for nationwide certification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a nationwide class can be certified given the forum selection and Missouri law. | Relators argue common issues predominate and Missouri law applies to all claims under contract. | Bass Pro contends non-Missouri members negate common issues and state-law variations prevent nationwide certification. | Nationwide class certification appropriate; common issues predominate and Missouri law applies to all claims. |
| Whether the circuit court abused discretion by limiting the class to Missouri transactions. | Relators contend the contract language and nationwide scope warrant broader certification. | Bass Pro argues forum and choice-of-law provisions limit the class geographically. | Circuit court abused discretion; the class should extend beyond Missouri transactions. |
Key Cases Cited
- Citibank (South Dakota), N.A. v. Wilson, 160 S.W.3d 810 (Mo. App. W.D.2005) (valid choice-of-law provisions bind the parties)
- Clark, State ex rel. American Family Mut. Ins. Co. v. Clark, 106 S.W.3d 483 (Mo. banc 2003) (requirements for class certification and predominance)
- Coca-Cola Co. v. Nixon, 249 S.W.3d 855 (Mo. banc 2008) (economicality and due process considerations in class actions)
- Fluor Corp. v. Meyer, 220 S.W.3d 712 (Mo. banc 2007) (court favors class certification at preliminary stage; can be refined later)
- Sturgeon v. Allied Professionals Ins. Co., 344 S.W.3d 205 (Mo. App. E.D.2011) (predominance and interstate considerations in class actions)
- Houska v. Dickhaner, 323 S.W.3d 29 (Mo. banc 2010) (standards for original remedial writs and abuse of discretion)
- Mitchell v. Residential Funding Corp., 334 S.W.3d 477 (Mo. App. W.D.2010) (class certification requires typicality and adequacy of representation)