Engel v. Engel (MLW No. 79724/Case No. 22-2549 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of South Dakota.Read More »
Civil Practice: Venue-Waiver-Forum Non Conveniens
Loew v. Heartland Trophy Properties, Inc. (MLW No. 79691/Case No. WD85343 – 12 pages) (Missouri Court of Appeals, Western District, Sutton, J.) Appealed from circuit court, Putnam County, Hudson, J. (Christopher Swiecicki, Chesterfield, for appellant) (Justin Sullivan, Des Moines, Iowa, for respondent).Read More »
Civil Practice: Diversity Jurisdiction-Fraudulent Misrepresentation
Sorenson v. Sorenson (MLW No. 79696/Case No. 22-1478 – 12 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.) Appealed from U.S. District Court, District of Minnesota, Davis, J. (Adine S. Momoh, Minneapolis, MN argued for appellant) (Thomas Charles Atmore, St. Paul, MN argued for appellee).Read More »
Civil Practice: Civil Action-Tribal Sovereign Immunity-Dismissal
Bird Industries, Inc. v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation (MLW No. 79592/Case No. 22-2584 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of North Dakota, Hovland, J.Read More »
Civil Practice: Arbitration Award-Impartiality
Where appellants challenged the confirmation of an arbitration award against them, there was no evident partiality by the arbitrator, and the district court did not make a mistake in setting the attorney fee award or in concluding that the appellant’s ...Read More »
Civil Practice: Dismissal-Rule 60(b) Motion-Challenge to Basis for Dismissal
Westjohn v. Seldin Co. (MLW No. 79490/Case No. 22-2853 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, District of Nebraska, Bataillon, J.Read More »
Civil Practice: Arbitration-Class Action-Purchase Contracts
Where an automotive group, which was a defendant in a class action arising from its sale and marketing of hail-damaged vehicles as “brand-new” and “factory-fresh,” challenged the denial of its motion to stay a class action and compel the parties ...
Tagged with: Arbitration class action Purchase ContractsRead More »
Civil Practice: Fraud-Statute of Limitations-Proper Party in Interest
Where in a dispute regarding an unpaid loan in which the district court entered judgment in favor of the estate of the woman who made the loan, the court correctly instructed the jury on the elements of fraudulent concealment under ...
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Civil Practice: Dismissal-Docket Sheet Entry-Jurisdiction
Where appellant challenged the dismissal with prejudice of her petition against respondent and a bank for claims including conversion and fraud, the dismissal by docket sheet entry did not meet the requirements of Rule 74.01(a) and was not a judgment, ...
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Civil Practice: Condemnation-Judge Request
(1)Where appellant land owner challenged a judgment awarding him $573,000 as compensation for the condemnation of his property and assessing $21,207 in costs against him, the presiding judge had authority to specially assign the action to another judge, so the ...
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Civil Practice: Carmack Amendment-Personal Injury Claim-Preemption
Where a plaintiff, who was injured when shipped goods fell on him from a trailer that he was driving, sued the seller of the goods and a shipper, the Carmack Amendment does not preempt state-law personal injury claims, even if ...
Tagged with: Carmack Amendment Personal Injury Claim PreemptionRead More »