Case Studies

Court Grants Lewis Rice Client’s Motion to Dismiss in Putative Class Action Lawsuit

On December 15, 2017, Judge David Hauber of the District Court of Johnson County, Kansas, granted motion to dismiss in a case brought against Lewis Rice client, KC Home Rental Management LLC (KCHRM), by Daniel Stuart and Zachary Wallace.

In the case, Stuart and Wallace alleged violations of the Kansas Consumer Credit Code, violations of the Kansas Consumer Protection Act, and breach of contract, for KCRHM’s policy of charging a convenience fee for rent paid via credit card. As such, Stuart and Wallace sought to bring a nationwide class action on behalf of all individuals who had made rental payments to KCHRM using a credit card throughout the five years prior to the filing of this suit.

In granting the motion to dismiss, the Court agreed with KCHRM’s arguments that the lease’s choice of law provision was fatal to plaintiffs’ claims, that plaintiffs lacked standing to bring their claims, and that plaintiffs failed to state a claim upon which relief could be granted. With the claims of the representative parties dismissed, the Court ruled that dismissal of the entire action was thereby necessary.

Lewis Rice Managing Member of the Kansas City office Thomas M. Martin was the lead attorney on this case. He was assisted by Joseph E. Bant and Ethan C. Duckworth.

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