Keep the change: Lakin firm drops 52-cent K-Mart class action
Lakin Law Firm client Ashley Peach has dropped a Madison County class action suit claiming K-Mart should have given her 52 cents in change on a gift card purchase.
Jeff Millar moved to dismiss the suit voluntarily on June 13, a week ahead of a hearing K-Mart had set before Circuit Judge Nicholas Byron on a motion to dismiss.
The suit stalled two years ago, with K-Mart's motion pending.
Millar sued K-Mart in 2004, proposing to certify Peach as representative of all K-Mart customers with gift cards.
He filed identical suits for Peach against Wal-Mart and Fashion Bug.
At a deposition in the Fashion Bug suit, Peach said gift cards were the same as cash.
Her mother Armettia Peach, who had purchased the cards for her daughter, also testified that they were the same as cash.
Ashley Peach dropped the Fashion Bug suit in 2005 but continued pursuing claims against K-Mart and Wal-Mart.
Jennifer Kingston of Bryan Cave in St. Louis represents K-Mart.
She also represents Wal-Mart, which has a motion to dismiss on file but has not requested a hearing.
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