Opinion

State ex rel. Union Pacific Railroad v. Dierker

  • 961 S.W.2d 816
  • 157 L.R.R.M. (BNA) 2385
  • 1998 Mo. LEXIS 6
  • 1998 WL 27187
Court
Supreme Court of Missouri
Filed
Jan 27, 1998
Status
Published
Author
White
On the bench
Benton, Covington, Holstein, Limbaugh, Price, Robertson, White
Cited by
8 cases

noting that appellant was required to exhaust administrative remedies before resorting to courts unless exception to requirement applies

How later courts described this case

  • noting that appellant was required to exhaust administrative remedies before resorting to courts unless exception to requirement applies

Written by the judges who cited it.

The opinion

WHITE, Judge,

concurring.

I concur folly in the principal opinion, but write separately to express my understanding of the limited scope of the Court’s ruling. As the principal opinion holds, the blanket protective order issued by respondent, absent any showing of an attempt to abuse the discovery process in the particular cases that are the subject of this dispute, effectively destroys relators’ ability to enforce their rights under the collective bargaining agreements. It was an abuse of discretion for the trial court to enter such a sweeping protective order.

I do not, however, understand the principal opinion to tie the hands of the trial court “in the event of a finding of bad faith in an individual plaintiff’s case.” 1 In that situation, the “conventional trial court powers to control the parties and the litigation” 2 include the power to fashion an appropriate protective remedy, including a protective order, when it is necessary for the protection of individual plaintiffs.

Recognizing the limited sweep of its holding, I concur in the principal opinion.

. at 823.

. at 824.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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