Section 7 Equitable Relief

• Library: Consumer Law and Practice 2010

A plaintiff may not obtain equitable relief in a private action under the MMPA unless the plaintiff first succeeds on a claim for actual damages. Freeman Health Sys. v. Wass, 124 S.W.3d 504 (Mo. App. S.D. 2004). Thus, equitable relief can be awarded only as incidental to a damage recovery - a reversal of the ordinary "cleanup doctrine" that damages can be awarded as incidental to a claim for injunctive relief. But such relief...