Missouri Lawyers Media Missouri legal news and public notices

Plaintiff, an inmate in a Missouri prison, appealed the district court’s discovery ruling and adverse grant of summary judgment in plaintiff’s §1983 action. Where there was no abuse of discretion, the district court properly denied plaintiff’s motions to compel and ...

Tagged with: 42 U.S.C. §1983 Adverse Summary Judgment Prison Inmate

Where plaintiffs, who were Arkansas residents, sued a California resident and his California-based business in Arkansas in a dispute involving an investment agreement, the dismissal of the case for lack of personal jurisdiction is reversed because the defendants had sufficient ...

Tagged with: Personal Jurisdiction Sufficient Contacts

Where an appellant in a diversity action challenged the denial of her motions to recuse, the dismissal is affirmed because the district court did not abuse its discretion in denying the motions. Judgment is affirmed. Caranchini v. Peck (MLW No. ...

Tagged with: Failure To State Claim Motion to Recuse

Plaintiffs appealed from the dismissal of their action against attorney defendants for lack of subject-matter jurisdiction. Where plaintiffs failed to identify a federal question and where there was a lack of complete diversity between the parties, the district court properly ...

Tagged with: diversity jurisdiction Federal Question malpractice

Defendant appealed from the denial of his motion for summary judgment and the grant of plaintiff’s cross-motion for summary judgment in a declaratory-judgment action relating to uninsured-motorist-coverage benefits. Where the district court correctly interpreted Missouri law governing UM benefits, it ...

Tagged with: Declaratory Judgment Diversity Action Uninsured-Motorist Coverage

Plaintiff appealed from the adverse grant of summary judgment in her ERISA claim arising from the denial of benefits. Where the plan reserved discretionary power to construe terms or make eligibility determinations, the district court properly granted summary judgment to ...

Tagged with: denial of benefits Discretionary Power ERISA

Petitioner, a citizen of Mexico who unlawfully entered the United States, was ordered removed after he was convicted of an aggravated felony. Petitioner later unlawfully reentered the U.S., alleging that he feared persecution if returned to Mexico. An immigration judge ...

Tagged with: Dismissal of Federal Complaint Order of Removal reinstatement

Petitioner, a citizen of Mexico, unlawfully entered the United States and was placed in removal proceedings, where he conceded removability and had a request for voluntary departure granted. Petitioner subsequently moved to reopen the proceedings and cancel his removal, however, ...

Tagged with: Appellate Jurisdiction Cancellation Of Removal Motion to Reopen or Reconsider

Plaintiff was terminated after an investigation concluded that his truck’s brakes had not malfunctioned and that he was the sole cause of a crash with a train. Plaintiff sued for unlawful retaliation, arguing that defendant had retaliated against him for ...

Tagged with: Discovery Rulings Federal Railroad Safety Act Unlawful Retaliation

Plaintiff appealed from the dismissal of her employment-discrimination case. The district court had dismissed some of plaintiff’s claims under 28 U.S.C. §1915(e)(2)(B)(ii) and later dismissed the remaining claims under Rule 12(b)(6). Where the record supported dismissal of plaintiff’s claims, the ...

Tagged with: discrimination Dismissal Failure to State a Claim

Where a defendant argued that his sentence was substantively unreasonable because the district court failed to consider the de-escalation of his probation violations, appellate review of sentencing decisions is limited to whether the decisions were reasonable, and the judgment is ...

Tagged with: Probation Violations sentencing