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Author Archives: Scott Lauck

KC appeals court loses four judges in 2009

Judge Mark Pfeiffer heard his first case for the Court of Appeals Western District from an unusual place - the audience. Pfeiffer, who was appointed to the court on May 6, watched a court en banc argument later that month over the conviction of a man on a child molestation charge. He was in town for the court's conference that afternoon and intended merely to be a spectator. But when the court's existing eight judges split evenly over the outcome, Pfeiffer (with the attorneys' permission) was added as a ninth judge. As he said he learned, "there are no ties at the Court of Appeals."

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‘Litigation machinery’ forecloses arbitration

Attorney John Campbell opened an e-mail alert from the 8th U.S. Circuit Court of Appeals on Wednesday morning with some apprehension. At stake was his class action lawsuit against a payday lender that wanted the matter to be arbitrated. And while Campbell thought he had a sensible argument against arbitration, it was a "close call based on the law that existed."

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