Show-Me State Times

The Missouri Chamber of Commerce and Industry has filed an amicus brief with the United States Supreme Court in an effort to bring more certainty to the litigation process.

The amicus brief, filed in the case of Wullschleger v. Royal Canin et al., highlights the concerns of businesses in the Eighth Circuit following a ruling that allows lawsuits to be remanded back to state court even after removal to the federal level. The brief emphasized the impact of this ruling on businesses, particularly small businesses in Missouri, stating, “That destabilizing effect will be felt most profoundly by small businesses, which make up the vast majority of businesses in Missouri. Those small businesses lack the resources to engage in extensive legal maneuvering before reaching the merits and may feel compelled to settle – even if they have strong defenses.”

Brendan Cossette, chief operating officer and legal counsel for the Missouri Chamber, stressed the importance of certainty for businesses, stating, “Businesses need certainty. Unpredictability raises the costs of litigation. The ability of a company to remove a case from state court to the federal level is very important.”

The Missouri Chamber also expressed concerns about the impact of the Eighth Circuit decision on national companies considering investing or locating their headquarters in Missouri. The brief warned that the increased litigation resulting from the ruling could lead to higher prices, fewer jobs, and less innovation.

The plaintiff in the Wullschleger case alleges that pet food companies Royal Canin U.S. and Nestle Purina sold prescription dog food that contained no medication. The lawsuit, initially filed in 2019, has raised important questions regarding federal jurisdiction and the implications of differing circuit court rulings.

Cossette explained that the goal of submitting the amicus brief is to prompt the U.S. Supreme Court to provide clarity on the conflicting rulings across circuit courts, stating, “The hope is that the U.S. Supreme Court will hear the case in order to clarify the different rulings in place at the circuit court level regarding federal jurisdiction.”

For further inquiries, interested parties can reach out to Brendan Cossette at bcossette@mochamber.com or call 573-634-3511.