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CHOCHOROWSKI v. HOME DEPOT U.S.A.

No. SC 92594.

404 S.W.3d 220 (2013)

Janet CHOCHOROWSKI, Individually and as the Representative of a Class of Similarly-Situated Persons, Appellant, v. HOME DEPOT U.S.A., d/b/a The Home Depot, Respondent.

Supreme Court of Missouri, En Banc.

July 30, 2013.

Attorney(s) appearing for the Case

Phillip A. Bock , James M. Smith , Bock & Hatch LLC in Chicago, Mark L. Brown , SL Chapman LLC, St. Louis, for Chochorowski.

S. Stewart Haskins , King & Spaulding LLP, Atlanta, John C. Holstein , Lauren E. Tucker McCubbin , Polsinelli Shughart PC, Kansas City, and Russell K. Scott , Greensfelder, Hemker & Gale PC, Belleville, Ill., for Home Depot.

Jason R. Scheiderer , SNR Denton U.S. LLP, Kansas City, Deborah J. La Fetra , Sacramento, for the Pacific Legal Foundation.

PATRICIA BRECKENRIDGE, Judge.

Janet Chochorowski filed a class-action lawsuit against Home Depot, claiming that Home Depot violated the Missouri Merchandising Practices Act (MMPA), section 407.010 et seq.,1 by automatically including a damage waiver fee in its tool rental agreement that Ms. Chochorowski signed when she rented a garden tiller. She also claimed the tool rental contract...

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