Justia Civil Procedure Opinion Summaries

Attorney Irene Schrunk represented Mary Ellen Nylen in a divorce and was involved subsequent legal matters regarding Mary Ellen and her new husband, Mark Nylen. When Mark served Mary Ellen with a summons and complaint for divorce, Schrunk advised Mary Ellen that Schrunk could not represent her because Schrunk had represented Mark in the past. On July 31, 2014, Mary Ellen’s adult children, Molly and Brendon, commenced this action against Mary Ellen seeking a declaration that Mary Ellen had gifted them personal property. Molly and Brendon sought to depose Schrunk regarding communications she had with Mary Ellen between November 1, 2013, and December 31, 2014. Mary Ellen moved to prohibit the discovery, citing the attorney-client privilege protected the communications. The circuit court determined that the initial communications were privileged but did not extend the privilege to communications and documents shared with Schrunk after January 1, 2014. The Supreme Court affirmed, holding that Mary Ellen failed to meet her burden of proving entitlement to the attorney-client privilege after January 1, 2014, and Mary Ellen waived the privilege with respect to certain documents when she shared with Schrunk privileged communications between Mary Ellen and her current attorneys. View "Nylen v. Nylen" on Justia Law

Plaintiff suffered an injury from a fall while at Black Hills Dialysis LLC’s (BHD) facility in Shannon County. Plaintiff sued BHD for her injuries. A dispute subsequently arose about whether the circuit court should summon jurors from Shannon County or neighboring Fall River County where Shannon County has no physical state court facilities and all Shannon County legal proceedings are held at the Fall River County Courthouse. The circuit court ruled that it would summon Fall River County jurors, holding that a 2009 standing order issued by the presiding judge of the Seventh Circuit stating that all Shannon County matters would be tried in Fall River County supported its resolution of the issue. The Supreme Court vacated the presiding judge’s standing order and reversed the order of the circuit court, holding (1) the presiding judge exceeded his statutory and constitutional authority in issuing the standing order, which effectively changed venue in all Shannon County cases; (2) the circuit court’s ruling on venue in this case was improper and without legal basis; and (3) under the circumstances of this case, venue was proper in Shannon County, and Shannon County jurors should be summoned and empaneled. View "Good Lance v. Black Hills Dialysis, LLC" on Justia Law