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Courts Bulletin - 11-Jan

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
Private Investigator Board lacked grounds to deny license to applicant who published private driver license information about others-regulation requiring private investigators to obey all criminal laws was invalid, because it lacked a statutory basis. Gurley v. Board of Private Investigator Examiners, No. 10-0588 PI (Mo. AHC, December 14, 2010), Chapel, C.
 Full Summary and Other Cases

Civil Practice & Procedure
Heavy Burdens to Overturn Foreign Judgment.  Peoples Bank, v. Frazee, Frazee and Frazee, No. 90536 (Mo. banc, August 31, 2010), Breckenridge, J.
Full Summary and Other Cases

Criminal Law
Mandatory sentencing of juvenile to life without parole for first degree murder does not violate the Eighth Amendment.  State v. Andrews, No. 91006 (Mo. banc, December 21, 2010), Fisher, J.
 Full Summary and Other Cases

Insurance Law
Insurer is entitled to a setoff of wage-loss payments received by Claimant in workers' compensation settlement from benefits paid under disability policy. Grubbs, Jr., v. Standard Insurance Company, No. 94568 (Mo. App. E.D., November 30, 2010), Odenwald, J.
 Full Summary and Other Cases

Labor Law - Federal
Eighth Circuit affirms district court's dismissal of a former employee's complaint alleging a violation of the Fair Labor Standards Act ("FLSA"), holding that even if informal complaints to one's employer amount to protected activity that would trigger the anti-retaliation provision of the FLSA, the former employee failed to allege sufficient facts to show she even made such informal complaints.  Thus, there could be no liability under the FLSA.  Ritchie v. St. Louis Jewish Light, No. 10-1356, 2011 WL 9354 (8th Cir. January 4, 2011).
Full Summary and Other Cases

Local Government
Purchaser has standing to oppose setting aside tax sale even when County is requesting party.  Manager of Revenue of Jackson County v. Nigro Family Partnership, No. 71978 (Mo. App. W.D., November 30, 2010), Martin, J.
 Full Summary and Other Cases

Probate & Trust Law
Appeal from judgment entered by the probate division approving the dismissal by James L. Forbeck and Joseph A. Schneider of their Petition for Appointment of Guardian and Conservator for Forbeck. In the matter of: Forbeck, No. 93195 (Mo. App. E.D., May 18, 2010), Gaertner, Jr., J.
 Full Summary and Other Cases

Property Law
In a quiet title action, a non-party to a deed, in an effort to prove title to the property in question, is permitted to present extrinsic evidence to challenge that deed even if the deed appears to be unambiguous.  Robson v. Diem, No. 71084 (Mo. App. W.D., August 24, 2010), Mitchell, J.
 Full Summary and Other Cases

Public Service Commission
Petition for writ of review, filed after commission's voice vote but before order issued over its secretary's signature, was premature.  State, ex rel. Office of Public Counsel v. Public Service Commission of the State of Missouri and Southern Union Company, No. 72625 (Mo. App. W.D., December 14, 2010), Martin, J.
 Full Summary and Other Cases

Taxation Law in Missouri
Premium tax - administrative charges and reinstatement fees are part of "direct premiums received" subject to tax. Shelter Mutual Insurance Company v. Director of Revenue, No. 09-1317 RG (Mo. AHC, December 23, 2010). Winn, C.
 Full Summary and Other Cases

Workers' Compensation
Does the Division of Workers' Compensation retain jurisdiction and the authority to enter an amended award? Thomas v. Treasurer of the State of Missouri, No. 72432 (Mo.  App. W.D., December 14, 2010), Martin, J.
 Full Summary and Other Cases