HAYS v. RUTHER

No. 108,351.

313 P.3d 782 (2013)

Marc L. HAYS and Jennifer L. Hays, Plaintiffs, v. Neil J. RUTHER; Consumer Law Associates, LLC; New Leaf Debt, LLC; and EFA Processing, L.P., Defendants.

Supreme Court of Kansas.

November 22, 2013.


Attorney(s) appearing for the Case

Martin J. Peck , of Wellington, argued the cause and was on the brief for plaintiffs.

Christopher M. Joseph , of Joseph, Hollander & Craft LLC, of Topeka, argued the cause, and Carrie E. Parker , of the same firm, was with him on the briefs for defendant Neil Ruther; W. Thomas Gilman , of Redmond & Nazar, L.L.P., of Wichita, was with them on the briefs for defendant Consumer Law Associates, LLC.

Derenda J. Mitchell , assistant attorney general, argued the cause and was on the brief for intervenor State of Kansas.

Gaye B. Tibbets , of Hite, Fanning & Honeyman, L.L.P., of Wichita, was on the brief for amicus curiae Trustee Parks; and Eric W. Lomas , of Klenda Austerman LLC, of Wichita, was with her on the brief for amicus curiae Trustee Morris.


The opinion of the court was delivered by ROSEN, J.:

Before this court are two questions certified by the United States District Court for the District of Kansas. Jurisdiction over the questions is provided by K.S.A. 60-3201 et seq. The federal litigation is in the pretrial stages. It involves claims by two Kansas residents who entered into an agreement with an out-of-state limited liability company to assist them in managing their consumer debt and in dealing...

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