Defeated a Motion to Remand and Won Summary Judgment In a Class Action Lawsuit Alleging Apartment Complex was Uninhabitable
Amundsen Davis defended a landlord sued in Jackson County, Missouri, against allegations that its apartment complex was uninhabitable due to mold, lack of air conditioning, and other conditions. The plaintiff also alleged that the landlord improperly charged inflated utility fees, and asserted a total of six counts, including two under the Missouri Merchandising Practices Act as well as counts for breach of contract, breach of implied warranty, and injunctive relief. After class discovery, the firm successfully removed the case to federal court and defeated plaintiff’s motion to remand back to Missouri state court. The firm then pre-empted class certification by winning summary judgment on all six counts.