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Posted in Law on June 27, 2017   |  by Gary Burger

Motions Denied

Last week I defended 3 different motions against my client’s cases and won all 3. Two Motions for Summary Judgment and a repeated Motion to Quash Subpoena against me were denied. Summary Judgments can come at any stage in a case. It requests the Court rule in a parties favor when there is no dispute of the facts.

The Missouri Department of Corrections does not pay its guards for the pre and post-shift work they require them to do. These officers have to sign in, get keys, get radios, go through metal detectors, go through air locks, and pass through different checkpoints all the way back into a prison where they communicate with the prior shift to relieve that shift.

The State will not pay them for this work and don’t pay them until they arrive at their post. The State filed and argued summary judgment against us and we prevailed. Here are links to a page on our site devoted to this case and our 200+ facts in opposition to the State’s Motion and our Me morandum in Opposition as well.

We also defeated a Summary Judgment Motion against us in a case against an area attorney and law firm. In that case, we allege the attorney took over his client’s sizeable business without paying him and substantially profited therefrom. Our client had previously had a claim in Federal Court in Ohio but the lawyer and his law firm were dismissed from that case.

The defendant’s argued that our case was barred by Res Judicata. This means you can’t sue the same defendant a second time for the same thing if you lost the first time.

We were able to show the Court that the Defendants in our current case had been dismissed as a party in the Ohio case before a final result. They thus did not have privity with the defendants there and we can maintain our case. We argued this summary judgment motion at the beginning of the case and succeeded in defeating it. Now to win the whole case.

In a claim we have pending in Belleville IL we subpoenaed insurance information from the Illinois Department of Insurance. We are pursuing a claim against Unique Insurance Company for bad faith and sought other similar incidents and other evidence of vexatious delay. The State of Illinois filed a Motion to Quash our subpoena - which we defeated.

Then they came in and filed another Motion to Quash saying it was unduly burdensome and irrelevant. We won this motion and they have been ordered to provide information and documents. Interestingly Unique Insurance Company is required by law to retain the documents we are requesting from the Illinois Department of Insurance, but have instead destroyed them.