DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141560P.pdf 07/06/2015 David Meyer and Nancy Meyer v. U.S. Bank National Association
U.S. Court of Appeals Case No: 14-1560
U.S. District Court for the District of Nebraska - Lincoln
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Smith, Circuit
Judge]
Civil case - Torts. For the court's prior opinion in the matter, see Meyer
v. U.S. Bank Nat'l Ass'n, 715 F.3d 703 (8th Cir. 2013). In this action
alleging tortious interference with the plaintiff's contractual relations
with a feed supplier, the district court did not err in granting summary
judgment based on matters outside the pleadings where all parties were
given a change to present material pertinent to the motion; the district
court did not err in imposing Rule 11 sanctions against plaintiffs where
they repackaged the prior suit under a different cause of action and made
claims regarding the trust's status as plaintiff which were contradicted
by their contentions in the prior case and the evidence in the record; the
trust's appeal of the sanctions order was not frivolous; however, by
arguing that the district court erred in granting a Rule 12(b)(6)
dismissal when the district court clearly granted summary judgment in the
case, and by misrepresenting governing law in their reply brief,
plaintiffs had frivolously argued the appeal, and defendant is entitled to
double appeals costs as a sanction.