Kmak v. American Century Co.

The 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. View "Kmak v. American Century Co." on Justia Law