ANDERSON OFFICE v. ADVANCED MEDICAL ASSOCS.

No. 105,868.

273 P.3d 786 (2012)

ANDERSON OFFICE SUPPLY, INC., a Kansas Corporation, Individually and as the Representative of a Class of Similarly Situated Persons, Appellee, v. ADVANCED MEDICAL ASSOCIATES, P.A., and Jeffrey L. Drake, d/b/a Drake Chiropractic, Appellants.

Court of Appeals of Kansas.

March 16, 2012.


Attorney(s) appearing for the Case

Lynn W. Hursh , Casey O. Housley , and Gerald A. King , of Armstrong Teasdale LLP, of Kansas City, Missouri, for appellants.

Rex A. Sharp and Barbara C. Frankland , of Gunderson, Sharp & Walke, LLP, of Prairie Village, Phillip A. Bock and Tod A. Lewis , of Bock & Hatch, LLC, of Chicago, Illinois, and Brian J. Wanca and Ryan M. Kelly , of Anderson + Wanca, of Rolling Meadows, Illinois, for appellee.

Before GREENE, C.J., HILL, J., and MICHAEL E. WARD, District Judge, assigned.


HILL, J.

This is an interlocutory appeal of a district court's certification of a class action lawsuit that seeks recovery for claims made under the Telephone Consumer Protection Act, 47 U.S.C. § 227 et seq. (2006). The technical questions raised by the appellant about the certification of the class, such as precertification discovery and commonality, are controlled by a recent Kansas Supreme Court decision concerning the Act and, thus, we affirm the rulings...

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