Courts Bulletin - Current Issue
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 Nurse is subject to discipline for abducting two children and using her position to make a false report of child abuse and neglect.  State Board of Nursing v. Debra Kohl, No. 08-0624 BN (Mo. AHC, October 23, 2008), Chapel, C. Full Summary and Other Cases

Criminal Law Failure to object to shackles can be ineffective assistance of counsel.  Bryan Dickerson, Appellant v. State of Missouri, Respondent, No. 89142 (Mo. banc, October 28, 2008), Wolff, J. Full Summary and Other Cases

Elder Law The Missouri Department of Social Services, Family Support Division, has primary jurisdiction to determine the eligibility of institutionalized spouses, which includes determination of the community spouse allowances.  Oanh Thile Huynh, Appellant v. J. Scott King, Conservator Ad Litem for Thuc Tu Huynh, Respondent, No. 69046, (Mo. App. W.D., October 14, 2008),  Howard, J. Full Summary and Other Cases

Family Law Child Support:  Credit for disability benefits and fraudulent conveyances to frustrate child support increase.  Alfred Wallace, Appellant/Cross-Respondent v. Lucretia Wallace, Respondent/Cross-Appellant, No. 90431 (Mo. App. E.D., September 30, 2008), Odenwald, J. Full Summary and Other Cases

Insurance Law Insured held to be occupying his motorcycle at time of accident and therefore not entitled to underinsured motorist benefits.  Stephen B. Loyd, Appellant v. Jack R. Williams and State Automobile Property & Casualty Company, Respondent, No. 68468 (Mo. App. W.D., October 14, 2008), Holliger, J. Full Summary and Other Cases

Juvenile Law (1) Termination of parental rights for failure to rectify is affirmed where the child has been in care for three years, has no relationship with father, has had minimal contact, and where father has never paid support or completed requested services and where it is unknown when father will be released from incarceration.  (2) The case is remanded to the trial court for consideration of the motion for attorney's fees.  An award of attorney's fees is permitted for appointed representatives.  Said fees are taxed as court costs in termination of parental rights cases.  In the Interest of:  A.M.S. and K.P.S.; Plaintiffs, Missouri Department of Social Services, Children's Division, Respondent v. S.V. (Natural Mother), Defendant, C.S. (Natural Father), Appellant, No. 69005 (Mo. App. W.D., October 14, 2008), Welsh, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit affirms district court's grant of summary judgment in favor of an employer on a former employee's claims of sexual harassment under Title VII of the Civil Rights Act of 1964, because the employee unreasonably failed to take advantage of the employer's effective and widely disseminated corrective measures.  Adams v. O'Reilly Automotive, Inc., 538 F.3d 926 (8th Cir. 2008). Full Summary and Other Cases

Local Government The two-year notice period of Section 260.247, RSMo for new government solid waste collection services applies to constitutional charter counties.  State of Missouri ex rel. American Eagle Waste Industries, et al., Appellants v. St. Louis County, Missouri, et al., Respondents, No. 91677 (October 21, 2008), Romines, J. Full Summary and Other Cases

Probate and Trust Law Judgment affirmed where the wife of a disabled and incapacitated husband lacked subject matter jurisdiction to enable a court to order her eligible for additional compensation under the Medicaid Catastrophic Coverage Act because she failed to exhaust the administrative procedures in place to hear her claim.  Oanh Thile Huynh, Appellant v. J. Scott King, Conservator Ad Litem for Thuc Tu Huynh, Respondent, No. 69046 (Mo. App. W.D., October 14, 2008), Howard, J. Full Summary and Other Cases

Taxation Law in Missouri Use Tax - Exchange of airplanes through use of intermediary did not qualify as a "trade in" for sales/use tax computation.  Great Southern Bank, Appellant v. Director of Revenue, Respondent, No. 88943 (Mo. banc, November 4, 2008), Teitelman, J. Full Summary and Other Cases

Tort Law City charging a fee to inspect electrical installation and approve it although it was faulty did not constitute a proprietary function.  Thus, city was protected by sovereign immunity.  State of Missouri ex rel. City of Nevada, Missouri, Relator v. The Honorable James R. Bickel, Circuit Judge, Respondent, No. 69491 (Mo. App. W.D., September 30, 2008), Newton, J. Full Summary and Other Cases

Workers' Compensation Law Is the holding in Schoemehl to be applied retroactively?  Michael Strait, Natural Father and Legal Guardian of Joshua Neal Strait and Mick Tyler Strait, Appellant v. Treasurer of Missouri as Custodian of Second Injury Fund, Respondent, No. 89078 (Mo. banc, July 15, 2008), Wolff, J. Full Summary and Other Cases

Other Areas of Law Trial court had discretion in awarding attorney fees even for hours spent on unsuccessful claims.  James Trout, Respondent v. State of Missouri, Missouri Ethics Commission, and Commissioners Warren I. Neiburg, Michael E. Dunard, Robert L. Simpson, Brad Mitchell, John King and Michael Kilgore, Appellants, No. 69257 (Mo. App. W.D., October 7, 2008), Dandurand, J. Full Summary and Other Cases