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.
162095P.pdf 05/26/2017 Intl. Environmental Management v. United Corporate Services, Inc
U.S. Court of Appeals Case No: 16-2095
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Loken, Author, with Beam and Benton, Circuit Judges]
Civil Case - diversity. International Environmental Management terminated
its contract with United Corporate Services, Inc. to provide registered
agent services in Missouri. IEM later contracted with CT to serve as its
new registered agent, but no change of registered agent form was filed
with the Missouri Secretary of State. After a default judgment was entered
against IEM for a lawsuit served on UCS for IEM and mailed to an old
address, IEM sued UCS for breach of fiduciary duty and other causes of
action. The district court's dismissal of the action against UCS on the
ground that UCS's contractual and fiduciary duties ceased when IEM
terminated USC as its agent is reversed on the breach of fiduciary duty
claim, as the statutory duty as a registered agent did not terminate
because the statutory agency was not revoked in accordance with the
Missouri statute. The breach of contract and negligence claims have been
waived. The district ocurt did not abused its discretion in dismissing the
bailment and conversion claims, raised for the first time in its reply
brief to a motion for reconsideration.