EDWARDSVILLE, Ill. – Ashley Peach has dropped her class action suit against K-Mart in Madison County. Peach claimed K-Mart should have given her 52 cents in change on a gift card purchase because gift cards are the same as cash.
Peach’s attorney Jeff Millar, of the Lakin Law Firm, moved to dismiss the suit a week before a scheduled hearing K-Mart had set on its motion to dismiss. Millar filed the suit in 2004, seeking to certify Peach as the representative of all K-Mart customers with gift cards. Millar filed similar suits against Fashion Bug and Wal-Mart, with Peach as the named plaintiff. The suit against Fashion Bug was dropped in 2005, but the suit against Wal-Mart remains.