Civil Practice and Procedure
John S. Sandberg, Esquire
Class action settlement upheld pursuant to abuse of
discretion standard; opinion includes detailed discussion of how class
action settlements are reviewed and approved. Bachman, et al individually and on behalf of all others similarly situated v. A.G. Edwards, Inc., No. 95074 (Mo. App. E.D., May 31, 2011), PER CURIAM
This was an appeal, in part, from the approval of a class action
settlement. The standard of review on appeal was the abuse of
discretion standard. The court discussed the amount of the settlement
and the awarding of attorney's fees and determined they were all
reasonable. The opinion discusses in detail how appellate courts review
class action settlements.
Declaratory judgment action, asserting that the enhanced
penalty provisions enacted for intoxication related driving offenses
was unconstitutional, dismissed on the basis that plaintiffs had an
adequate remedy at law. Schaefer, et al. v. Koster, Attorney General of the State of Missouri, No. 91130 (Mo. banc, June 14, 2011), Teitelman, J.
The Court claimed that the trial court was within its discretion to
dismiss plaintiffs' declaratory judgment action because each plaintiff
had an adequate remedy at law. The Court's view that the ruling was
discretionary implies that there might have been an affirmance if the
trial court had ruled the other way.
Held: The abuse of discretion was the appropriate standard and the dismissal was not an abuse of discretion.
The Missouri Bar Courts Bulletin, 11-Jul