Kmak v. American Century Co., No. 15-3920 (8th Cir. 2017)
Annotate this CaseThe Eighth Circuit affirmed the district court's denial of plaintiff's motion for leave to amend and granted summary judgment dismissing plaintiff's sole claim remaining on remand -- that American Century breached the implied covenant of good faith and fair dealing by taking discretionary action to retaliate in violation of public policy. The court held that the Supreme Court of Missouri's decision in Bishop & Assocs., LLC, v. Ameren Corp., 520 S.W.3d 463 (Mo. banc. 2017), limits plaintiff's claim for breach of American Century's implied covenant of good faith and fair dealing to the "reasonable expectation" ground that was dismissed with prejudice in Kmak I. The court also held that the district court did not abuse its discretion in determining that plaintiff failed to show good cause to amend.
Court Description: Loken, Author, with Murphy and Melloy, Circuit Judges] Civil Case - diversity. For prior decision see Kmak v. Amer. Century Cos., Inc., 754 F.3d 513 (8th Cir. 2014). Relying on new Missouri Supreme Court decision, there is no breach of implied covenant of good faith and fair dealing for allegation of violation of public policy and district court's grant of summary judgment is affirmed. District court did not abuse its discretion in determining that Kmak failed to establish the diligence and good cause needed to file an amended complaint and extend the litigation.
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