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Aug 30, 2023

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)

Mar 23, 2023

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)

Jan 10, 2020

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 […]

Dec 20, 2019

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 […]

Oct 25, 2019

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. […]

Aug 19, 2019

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 […]

Feb 11, 2019

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 […]

Jul 9, 2018

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.)

Jun 15, 2018

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.)

May 23, 2018

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.)

Sep 1, 2017

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.)

Jun 30, 2017

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)

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