In re: Purdy (MLW No. 79617/Case No. SC99818 – 19 pages) (Supreme Court of Missouri, Draper, J.) Original Disciplinary Proceeding (Laura E. Elsbury and Carolyn Gail Vasterling, Jefferson City, for petitioner) (Daniel F. Church, Kansas City, for respondent)
Read More »Attorneys: Malpractice-Federal Question-Diversity Jurisdiction
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
Read More »Attorneys: Disbarment Proceeding-Equal Protection-Ability to Enforce Federal Rights in State Court
Defendant appealed the district court’s order remanding her disbarment proceeding to Arkansas state court. The action was removed to federal court pursuant to 28 U.S.C. §1443. Where defendant failed to show that, due to state law or other law or ...
Tagged with: Ability to Enforce Federal Rights in State Court Disbarment Proceeding Equal Protection
Read More »Attorneys: Malpractice-Retainer Agreement-Arbitration
Defendants appealed the district court’s denial of their motion to compel arbitration. An individual unknown to plaintiff called plaintiff and asserted that a transvaginal mesh plaintiff had implanted was defective and that she could arrange for plaintiff to have the ...
Tagged with: Arbitration malpractice Retainer Agreement
Read More »Attorneys: Discipline-Coverup of Police Assault
While working in the St. Louis circuit attorney’s office, respondents helped a police detective with whom they were acquainted to cover up the detective’s assault of a suspect he believed had broken into his daughter’s vehicle. Respondents failed to report ...
Tagged with: Coverup of Police Assault Discipline
Read More »Attorneys: Fee Dispute-Arbitration-Relief from Stay
Plaintiff filed suit against two dissatisfied clients for unpaid fees. After defendants removed plaintiff’s suit to federal court, they stayed the action to allow the unpaid fees claim to proceed in arbitration. Before the arbitration panel, however, defendants raised numerous ...
Tagged with: Arbitration attorneys Fee Dispute Relief from Stay
Read More »Attorneys : Public Defenders – Excessive Caseload – Hearing
Petsch v. Jackson County Prosecuting Attorneys Office (MLW No. 71807/Case No. WD81536 – 14 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)
Tagged with: attorneys Excessive Case Load hearing public defenders
Read More »Attorneys : Sanctions – Bad Faith – Child Custody Modification
Davis v. Wieland (MLW No. 71753/Case No. WD81032 – 20 pages) (Missouri Court of Appeals, Western District, Mitchell, J.)
Tagged with: attorneys bad faith Child Custody Modification Sanctions
Read More »Attorneys : Consolidation Agreement – Clerical Functions
Gall v. Steele (MLW No. 71687/Case No. SC96188 – 16 pages) (Supreme Court of Missouri, Wilson, J.; Fischer, C.J., Russell, Powell, Breckenridge, JJ., concur; Draper, J., concurs in separate opinion filed; Stith, J., concurs in opinion of Draper, J.)
Tagged with: attorneys Clerical Functions Consolidation Agreement
Read More »Attorneys : Mandatory Bar Dues – First Amendment – North Dakota Law
Fleck v. Wetch (MLW No. 70918/Case No.16-1564 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Tagged with: attorneys First Amendment Mandatory Bar Dues North Dakota Law
Read More »Attorneys : Judicial Budget – Reasonableness – Attorney’s Fees Estimate
Lincoln County Commission v. Forty-fifth Judicial Circuit (MLW No. 70702/Case No. SC95791 – 6 pages) (Supreme Court of Missouri, Russell, J.; Breckenridge, C.J., Fischer, Stith, Draper and Wilson, JJ., concur. Powell, J., not participating)
Tagged with: attorneys Attorney’s Fees Estimate Judicial Budget Reasonableness
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