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APPERT v. MORGAN STANLEY DEAN WITTER, INC.

No. 11-1095.

673 F.3d 609 (2012)

Susan APPERT, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. MORGAN STANLEY DEAN WITTER, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 8, 2012.

Attorney(s) appearing for the Case

Edward T. Joyce , Laurence M. Landsman (argued), Attorneys, Block & Landsman, Chicago, IL, for Plaintiff-Appellant.

Bruce Lewitas (argued), Attorney, Morgan Stanley , Chicago, IL, for Defendant-Appellee.

Before WOOD, TINDER, and HAMILTON, Circuit Judges.

TINDER, Circuit Judge.

Morgan Stanley entered into agreements with its customers that set a fee for handling, postage, and insurance (HPI) for mailing trade confirmation slips after each purchase or sale of securities. Plaintiff, Susan Appert, filed this breach of contract action in state court seeking class certification and recovery of these fees charged to customers from 1998 through the present. Morgan Stanley removed the action to federal court asserting jurisdiction...

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