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Attorneys: Sanctions-Frivolous Litigation-Reasonableness
Kezhaya v. City of Belle Plaine (MLW No. 80441/Case No. 22-2183 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Colloton, J.) Appealed from U.S. District Court, District of Minnesota, Wright, J. (Matthew A. Kezhaya, of Minneapolis, MN for appellant) (Monte Mills, of Minneapolis, MN for appellee; Katherine M. Swenson, of Minneapolis, MN on the brief)
Attorneys: Disbarment-Inappropriate Sexual Conduct
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)
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 dismissed plaintiffs’ complaint where amendment would be futile. Judgment is affirmed. Briks v. Yeager (MLW […]
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 regulation, she was unable to enforce her federal rights in state court, defendant could not […]
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 mesh removed in Florida and individual would connect her with an attorney to obtain compensation. […]
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 the assault and instead filed false charges against the suspect. Where respondents’ conduct, including failing […]
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 counterclaims and defenses. The district court granted partial relief from the stay, ruling that defendants […]
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.)
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.)
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.)
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.)
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)
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
- NIL new to college world, but not novel
