United States Eighth Circuit

Dismissal of a former employee's Racketeer Influenced and Corrupt Organizations Act (RICO) and state conspiracy claims with prejudice is affirmed where the district court properly found them barred by the doctrine of res judicata, and there was no error or abuse of discretion in denying leave to amend and a motion to disqualify. Defendants' motions for sanctions on appeal are denied as the issues raised were subject to reasonable dispute.

Appellate Information

• Decided 08/08/2006
• Published 08/08/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, LAY and BYE, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Kenneth Joel Haber and Douglas G. Wadler, argued, Rockville, MD (Joan M. Schwartz and Rachel A. Jeep, St. Louis, MO, on the brief), for appellant., Ronald A. Norwood, argued, St. Louis, MO (Brandy B. Barth, St. Louis, and William Webster, Washington, DC, on the brief), for Dr. John J. Delfino and St. Louis Oral and Maxillofacial.


• For Appellees:
  
• David M. Harris, argued, St. Louis, MO (Jordan B. Cherrick, Lizabeth M. Conran and J. Andrew Walkup, St. Louis, MO, on the brief), for appellee St. John's Mercy Medical Center., Allen D. Allred (Lawrence C. Friedman and Matthew J. Landwehr, St. Louis, MO, on the biref), for appellees Weber, Noble and Farrell.