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Courts Bulletin - 11-Mar

The latest court decisions are summarized each month in the Courts Bulletin. This publication keeps Missouri Bar members current with rulings in selected areas of the law. Selected federal court opinion summaries, new or amended rules of court and other matters of interest to practitioners are also included from time to time. A panel of volunteer lawyers, all authorities in their respective subject areas, prepare the case summaries.
In this Issue:
Administrative Hearing Commission
Advanced Practice Nurse not subject to discipline for failure to renew certification when she showed that she received documentation from Nursing Board, but Board had no record of sending it. State Board of Nursing v. Greer, No. 10-0159 BN (Mo. AHC, February 15, 2011), Nelson, C.
Full Summary and Other Cases

Administrative Law
Sunshine Law requires access to records not closed, but does not require closure of records. Chasnoff v. Board of Police Commissioners, Nos. 95050 and 95204 (Mo. App. E.D., February 22, 2011), Richter, C. J.
Full Summary and Other Cases

Business and Corporate Law
Clients have a fundamental right to freely choose their counsel.  Accordingly, a case is not a law firm asset, and a law firm is not entitled to retain a contingency fee contract if the client chooses to engage a departing partner (or another firm) instead of the law firm from which the partner is departing.  Welman, et al., v. Parker, No. 30016 (Mo. App. S.D., November 19, 2010), Lynch, J.
Full Summary and Other Cases
Civil Practice and Procedure
Suicide may support a wrongful death claim if it is a direct result of an injury.  Kivland v. Columbia Orthopaedic Group, LLP, No. 90708 (Mo. banc, January 25, 2011), Wolff, J.
Full Summary and Other Cases

Criminal Law
Transfer to Missouri Supreme Court to examine propriety of waiver of postconviction claims regarding effectiveness of counsel in the course of a guilty plea.  Burgess v. State of Missouri, No. 94641 (Mo. App. E.D., February 22, 2011), Dowd, J.
Full Summary and Other Cases

Family Law
Statutory requirements for termination of parental rights and adoption. In re: The adoption of CMBR, No. 91141 (Mo. banc, January 25, 2011), Breckenridge, J.
Full Summary and Other Cases

Juvenile Law
Mother's attorney in TPR case is not ineffective where counsel advocated for exactly what Mother wanted - a chance to voluntarily terminate her rights.  Counsel did so by explaining Mother's absence and by advocating for Mother to get the court to hold the record open so Mother could submit a consent form.  In the Interest of V.J.B., S.H.B., A.G.B., K.C.V. and C.A.V., No. 30561, 30562, 30563, 30564 and 30565 (Mo. App. S.D., December 20, 2010), Francis, Jr., J.
Full Summary and Other Cases

Labor Law - Federal
Eighth Circuit affirms district court's grant of summary judgment in favor of employer and union, holding that the union did not act arbitrarily in declining to take the employee's grievance to arbitration.  Rogers v. Southwestern Bell Telephone Co., No. 10-1171, 2011 WL 264302 (8th Cir. January 28, 2011). 
Full Summary and Other Cases

Local Government
Gas company obligated to relocate lines at its cost because its casements did not pre-date the public right-of-way (case transferred to Missouri Supreme Court).  St. Charles County v. Laclede Gas Company, No. 93983 (Mo. App. E.D., February 8, 2011), Gaertner, P.J.
Full Summary and Other Cases

Probate and Trust Law
Joan M. Grasso appeals a summary judgment which ruled that her indebtedness offset her cash distributive share of a trust of which she was a beneficiary.  In re the Matter of: Bruce G. Robert QTIP Marital Trust v. Grasso, No. 93836 (Mo. App. E.D., December 28, 2010), Odenwald, P.J.
Full Summary and Other Cases

Property Law
Notice of right of redemption after tax sale need not specify the time limits of the right of redemption or other specific procedures that must be followed.  United Asset Management Trust Company, Trustee for the Coast to Coast Holding Trust v. Clark, No. 71589 (Mo. App. W.D., November 30, 2010), Ellis, J.
Full Summary and Other Cases