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discovery

Feb 14, 2020

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, […]

Feb 12, 2020

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 […]

Oct 25, 2019

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, […]

Oct 14, 2019

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 […]

May 24, 2019

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 […]

Dec 12, 2018

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 […]

Oct 4, 2018

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?

Sep 14, 2018

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.)

Sep 13, 2018

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.)

Jul 9, 2018

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.)

Jul 6, 2018

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.)

Apr 27, 2018

Criminal Law : Discovery –  Late Disclosure

State v. Zuroweste (MLW No. 71586/Case No. ED105355 – 6 pages) (Missouri Court of Appeals, Eastern District, Page, J.)

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