DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
031016P.pdf 12/08/2003 Patrick Kelly v. Marc Golden
U.S. Court of Appeals Case No: 03-1016
Eastern District of Missouri
Civil Case - contract. District court's decision concluding arbitration
claim was waived is affirmed. Grant of summary judgment on breach of
contract and prima facie tort counterclaims are reversed, as disparaging
communications were made within the confines of the lawsuit and
Missouri law would not allow a prima facie tort claim. Award of
punitive damages is also dismissed. Award of attorneys fees was not an
abuse of discretion.