The Missouri Funeral Trust now faces the predicament we predicted a few months ago (The MFT’s Catch 22). The Court recently granted the State’s motion to dismiss, and dropped the State Board from the lawsuit. The main motivation for the lawsuit was probably to gain leverage in bringing a long and frustrating audit to a conclusion. However, the lawsuit has not only fueled existing concerns, but also raised new issues (such as whether litigation expenses are being paid out of the program’s trust). A week following the dismissal, the master trust program filed motions to protect its documents and client list, and to compel production of documents and information by the remaining defendant. Those pleadings counter CFL Pre-Need’s motions to compel the master trust program to respond to its own requests for documents and information. Meanwhile, the State Board watches on, wondering whether protracted litigation over discovery issues is costing funeral homes and consumers.
