Free Newsletter
Civil Practice: Discovery-Surveillance Video
Where a defendant challenged an adverse verdict in her pro se civil action, the challenge to the rulings regarding a surveillance video tape produced during pretrial discovery was meritless, so the judgment is affirmed. Judgment is affirmed. Delima v. Walmart Stores Arkansas LLC (MLW No. 74506/Case No. 19-1674 – 2 pages) (U.S. Court of Appeals, […]
Civil Practice: Sunshine Law Request-Discovery-Attorney Fees
Where appellant, who had submitted a Sunshine Law request to a city for documents connected with allegations of criminal conduct by a police officer, challenged the denial of his request to view an unredacted copy of the relevant report, the city properly filed a petition under Section 610.027 to determine the scope of the appropriate […]
Civil Practice: Discovery-Standing-Failure To Plead
Where appellant brought claims against a nonprofit corporation and requested records in part to determine whether the corporation violated the Missouri Merchandising Practices Act, the trial court did not err in dismissing the appellant’s amended petition because he failed to meet a condition precedent required of an individual seeking access to records under Section 355.826.6, […]
Civil Practice: Discovery-Sanctions
Where appellant challenged the dismissal of her employment-discrimination action as a sanction for failing to comply with discovery orders, the judgment is affirmed because there was no basis for reversal. Judgment is affirmed. McGuire v. St. Louis County (MLW No. 74003/Case No. 19-1298 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed […]
Civil Rights: Inmate Action-Failure to Protect-Discovery
Where an inmate challenged the dismissal of his failure-to-protect claim, the district court did not abuse its discretion in denying leave to amend the complaint because the proposed amendments added new defendants and claims, and the judgment is affirmed because the court did not err in dismissing the original complaint because the inmate did not […]
Civil Rights: Excessive Force-Discovery-Qualified Immunity
Where a plaintiff in an excessive force case challenged the district court’s limitations on discovery and the grant of summary judgment to the police officer defendants, the judgment was affirmed because the denial of the plaintiff’s discovery requests was not an abuse of discretion, and the police officers were entitled to qualified immunity on the […]
To delete or not delete? Attorney offers advice on social media discovery
Is it ethical to advise a client to delete her Facebook posts if they’re damaging to her lawsuit? Can you, the attorney, attempt to “friend” (or join the private network of) the party she’s suing in order to dig up information? If not, could you ask your secretary to do it?
Civil Practice : Discovery – Rule 56(d)
Johnson v. Moody (MLW No. 72106/Case No. 17-2434 – 11 pages) (U.S. Court of Appeals, 8th Circuit, Loken, J.)
Employer-Employee : Race Discrimination – Disparate Impact – Discovery
Williams v. Wells Fargo Bank (MLW No. 72082/Case No. 16-4372 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Smith, J.)
Civil Practice : Discovery – Attorney-Client Privilege – Affirmative Defense
State ex rel. Shelter Mutual Insurance Company v. Wagner (MLW No. 71808/Case No. WD81541 – 13 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Probate : SVP Commitment – Expert Witness – Discovery
In the Matter of the Care and Treatment of Adam Derby (MLW No. 71780/Case No. WD80594 – 25 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.)
Criminal Law : Discovery – Late Disclosure
State v. Zuroweste (MLW No. 71586/Case No. ED105355 – 6 pages) (Missouri Court of Appeals, Eastern District, Page, J.)
Latest Opinion Digests
- Immigration: Asylum-Withholding of Removal-Appellate Jurisdiction
- Criminal Law: Child Pornography-Bottom-of-Guidelines Sentence-Substantive Reasonableness of Sentence
- 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
Top stories
- Nurse entitled to disability benefits despite working months after accident, Supreme Court rules
- Eastern District rules 10 cases against TitleMax may proceed without arbitration
- Supreme Court declines to hear Republican appeals on abortion ballot initiatives
- Cole County jury awards $1.56 billion in Roundup case headed for appeal
- Jury gives massive award after fleeing suspect causes fatal crash
- 8th Circuit tosses suit claiming false sale prices
- Attorney general releases report on Kim Gardner investigation
- Legal Limelight: Jason C. Smith, Office Managing Partner, Spencer Fane
