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Courts Bulletin - Current Issue (June 2015)

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.  

 In This Issue

Administrative Hearing Commission
Hearsay about nurse’s alleged drug use within Board’s investigative report (which was admitted as business record) was inadmissible hearsay within hearsay.State Board of Nursing v. Wallace, 13-1571 BN (Mo. AHC, April 22, 2015), Dandamudi, C.
Full Summary and Other Cases  

 
Bankruptcy Law
Denial of confirmation of Chapter 13 plan is not appealable. Bullard v. Blue Hills Bank, U. S. Supreme Court no. 14-116 (May 4, 2015).
Full Summary and Other Cases  

 
Criminal Law
Timely filed motion for change of venue as of right must be granted where brought to the court’s attention before jeopardy has attached. State v. Chambers, No. 33243 (Mo. App. S.D., May 18, 2015), per curiam.
Full Summary and Other Cases

 
Elder Law
Because a disabled individual cannot establish a special needs trust under 42 U.S.C. § 1396p(d)(4)(A), neither can his or her agent under a durable power of attorney, even if the agent is the disabled individual’s parent. Draper v. Colvin, Acting Commissioner of the Social Security Administration, No. 13-2757 (March 3, 2015), Gruender, J.
Full Summary and Other Cases

 
Family Law
When considering a termination of maintenance, it is improper to consider the application for a domestic partnership in another state as a domestic partnership has no alternate legal effect. Furthermore, a marriage ceremony must be performed by a person with the authority to perform a marriage after obtaining a marriage license in order to terminate maintenance. Kunce, et. al. v. Kunce, No. 77399 (Mo. App. W.D., April 28, 2015), Gabbert, J.
Full Summary and Other Cases

 
Juvenile Law
Appeal of juvenile court adjudication and disposition is dismissed as moot where Mother was not found to have abused Child, and where trial court terminated its jurisdiction and returned Child to Mother while the case was on appeal. Neither exception to the mootness doctrine applied. Therefore, the court is required to dismiss the appeal. In Interest of J.T.S., No. 77713 (Mo. App. W.D., June 2, 2015), Martin, J.
Full Summary and Other Cases

 
Local Government
City liable for attorneys’ fees through arbitration rules. City of Chesterfield v. Frederich Construction, Inc., et al., No. 101916, (Mo. App. E.D., April 21, 2015), Gaertner, J.
Full Summary and Other Cases

 
Medical Malpractice
The provisions of § 538.225 are mandatory. Austin v. Schiro, WD 78-85 (Mo. App. W.D., May 26, 2015), Welsch, P.J.
Full Summary and Other Cases

 
Property Law
The Missouri Land Reclamation Commission must follow its own rules and regulations to operate. Fowler Land Company, Inc., et al. v. Missouri Department of Natural Resources, et al., No. 33166 (Mo. App. S.D., May 6, 2015), Lynch, J.
Full Summary and Other Cases

 
Tort Law
Defendants owed a duty of care to fellow employee if employee’s injury was not the result of employer’s non-delegable duties to the employee. McComb v. Norfus, et al., No. 77761 (Mo. App. W.D., April 21, 2015), Mitchell, J.
Full Summary and Other Cases