In 2022, in a class action case alleging violations of the UCC, after taking over the case from another law firm, Tim Wolf and Ben McIntosh were successful in having the trial judge change her prior ruling granting class certification of the lawsuit and order arbitration of the named plaintiff’s individual claim. The arbitrator found for their client that the notices at issue did not violate the UCC, which was later affirmed by the trial judge. Plaintiff appealed to the Western District of Missouri arguing it was improper to reverse class certification and order arbitration. The Western District reversed the trial court. Mr. Wolf and Mr. McIntosh then sought transfer to the Missouri Supreme Court, which was granted. The Missouri Supreme Court supported their position affirming the trial court’s granting of a motion to compel arbitration of the individual claim. The result saved their client and its insurer over $12 million in potential damages for the class members’ claims and provided favorable precedent for business owners on compelling arbitration and fighting class claims.
