Kmak v. American Century Co., No. 13-1530 (8th Cir. 2014)
Annotate this CasePlaintiff appealed the district court's dismissal of his second amended complaint for failure to state a claim upon which relief could be granted. Because Missouri's public policy required American Century not to retaliate against plaintiff for testifying in the arbitration proceeding at issue, plaintiff has alleged a breach of the implied covenant of good faith and fair dealing sufficient to withstand a Rule 12(b)(6) motion. Accordingly, the district court erred in dismissing plaintiff's complaint.
Court Description: Civil case, Where plaintiff alleged defendant retaliated against him by calling his stock options after he testified in an arbitration hearing, plaintiff stated a Missouri state law claim for breach of the implied covenant of good faith and fair dealing, and the district court erred in dismissing the action for failure to state a claim.
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