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Courts Bulletin - Current Issue (March 2016)

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. Readers are encouraged to check Missouri CaseNet for the current status of any reported decisions.

Administrative Hearing Commission
Dual operator not liable for penalty for overcharging customers because it did not intend to claim a refund when it was overcharging, and not entitled to refund of overcharges because refund statute did not intend to reward vendors who deliberately overcollected. Weishaar Gardens, Inc. v. Director of Revenue, No. 11-2180 RS (MO. AHC, February 2, 2016), Winn, C.
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Administrative Law
Petition for judicial review of non-contested case stated a claim. Spurgeon vs. Missouri Consolidated Health Care Plan, Board of Trustees, et. al., No. 78785 (Mo App. W.D., February 16, 2016), Hardwick, J.
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Criminal Law
Purchase of assault rifles along with target practice constituted substantial steps sufficient to support the convictions for Defendant who planned mass shooting. State v. Lammers, No. 94977 (Mo. banc, February 9, 2016), Russell, J.
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Juvenile Law
Violation of § 211.059 during interrogation of juvenile, and subsequent denial of motion to suppress, requires reversal. The “public safety” exception recognized in Miranda cases is not applicable to Missouri’s statute, which provides broader protections than Miranda. In Interest of J.L.H., No. 77850 (Mo. App. W.D., March 8, 2016), Newton P.J.
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Tort Law
Injury capable of ascertainment upon Plaintiff’s awareness of condition and its cause. Giles v. Carmi Flavor and Fragrance Company, Inc., et al., No. 77952 (Mo. App. W.D., September 22, 2015), Witt, J.
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Workers' Compensation
The duty to supplement discovery extends to require disclosure of surveillance that was performed following a custodian deposition. Burlison v. Department of Public Safety, No. 33809, (Mo. App. S.D., January 29, 2016), Sheffield, C.J.
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