Class Action Suits Remanded to State Court Under the Application of the Jurisdictional Burden of Proof on the Removing Defendant.

Gladstone Florist v. TTP, Inc.,
No.06-0713, CV-W-DW
(December 28, 2006).

A dispute between local and a non-local florist has been remanded back to state court in Missouri. A district court from within the Eighth Circuit recently granted a motion to remand to the Circuit Court of Clay County, Missouri,

the claim of a class of Missouri florists damaged by directory listings placed by an out-of-state florist pretending to be a local florist.

According to a class-action petition filed by Gladstone Florist, TTP, Inc. placed fictitious telephone and internet directory listings throughout the State of Missouri creating a false impression that the listing is for a bona-fide Missouri business. Gladstone Forist, on behalf of the class, requests compensatory and punative damages for tortious interference with a business expectancy.

View Order of Remand
Order Approving Class Notice
Published Notice - Gladstone Florist, LLC
Published Notice - Karen Pierce

Karen Pierce v. TTP, Inc.,
No.06-0712, CV-W-DW
(December 28, 2006).

A dispute between a Missouri consumer of florist products and and a non-local florist has been remanded back to state court in Missouri. A district court from within the Eighth Circuit recently granted a motion to remand to the Circuit Court of Clay County, Missouri, the claim of a class of Missouri consumers damaged by directory listings placed by an out-of-state florist pretending to be a local florist.

According to a class-action petition filed by Karen Pierce, a customer whose order is handled by TTP, Inc., pays about 25 percent more than if her telephone call had been answered by a Missouri-based retail florist. Piere requests compensatory and punative damages, and statutory attorney fees, for fraud under the Missouri Merchandising Practices Act.

View Order of Remand

View Affidavit from Thomas Meola

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