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 malpracticeRead 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 ProtectionRead 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 AgreementRead 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 ...
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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 StayRead 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 defendersRead 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 SanctionsRead 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.)
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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.)
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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 ReasonablenessRead More »