03 Sep 2015

KTKL Successfully Appeals Class Certification

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Steve Torline and Kathryn Lewis successfully appealed the certification of a class action against their client for claims under the Kansas Consumer Protection Act (“KCPA”).   Plaintiff sued KTKL’s client, a large car dealership, for KCPA violations for allegedly failing to disclose the rental/lease history of hundreds of used cars.  After the trial court certified a class action, KTKL appealed, arguing that individual fact issues predominated over common issues such that class certification was improper.  The Kansas Court of Appeals agreed and reversed the class certification.  Read the Kansas Court of Appeals decision at Phillys A. Johnson v. MKA Enterprises, Inc., No. 112,049, 2015 WL 4487037 (Kan. Ct. App. July 17, 2015).  Read KTKL’s appellate briefs at 2014 WL 5282343 and 2014 WL 6985556.