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Courts Bulletin - Current Issue (October 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
Action for attorney fees of state employee who successfully appealed termination at Administration Hearing Commission (AHC) and at Court of Appeals dismissed because it was untimely filed – 30-day deadline ran from date of AHC decision, not Court of Appeals’ opinion. Cash v. Leary, No. 15-1094 AF (Mo. AHC, August 31, 2015), Winn, C.
Full Summary and Other Cases  

Administrative Law
Process afforded was sufficient before deprivation of benefit. The Public School Retirement System of Missouri v. Taveau, No. 77443 (Mo. App. W.D., September 22, 2015), Ahuja, J.
Full Summary and Other Cases

Civil Practice and Procedure
Failure to demonstrate the existence of a ripe or justiciable controversy. Century Motor Corp. v. FCA US LLC, et al., No. 101749 (Mo. App. E.D., August 11, 2015), Cohen, J.
Full Summary and Other Cases

Criminal Law
Trial court abused its discretion in denying a short continuance when the sole defense witness went into labor the night before trial; her deposition testimony was not an adequate substitute. State v. Litherland, No. 101551 (Mo. App. E.D., September 29, 2015), Clayton, J.
Full Summary and Other Cases

Family Law
Automatic resignation of the residential parent upon the original residential parent’s move is unenforceable as said designation can only be changed upon a motion to modify. J.D.W., et al. v. V.B., No. 101815 (Mo. App. E.D., June 30, 2015), Dowd, J.
Full Summary and Other Cases

Juvenile Law
A juvenile court petition which both parrots the statutory language (§ 211.091) and which sets forth facts that bring the juvenile within the jurisdiction of the court (Rule 113.01) is sufficient. However, adjudication is reversed where the juvenile officer fails to prove neglect by clear and convincing evidence. Although Father admitted a mental illness, no evidence was presented showing the nature of the illness or whether treatment was required. The juvenile officer failed to show a causal relation between the illness and harm to the child (§ 211.031.5). Finally, the trial court is not permitted to lump the conduct of both parents together to dispose of the case in a single stroke. Each relationship must be considered separately. In Interest of J.B., No. 78428 (Mo. App. W.D., October 6, 2015).
Full Summary and Other Cases

Medical Malpractice
Trial court did not err in medical malpractice/wrongful death action against cardiologist (and his corporation) by refusing to grant a mistrial or new trail on the basis of a newspaper advertisement seen by a juror, or by rejecting an alternative verdict-directing instruction. Waters v. Meritas Health Corporation et al, No. 77843 (Mo. App. W.D., October 13, 2015), Witt, J.
Full Summary and Other Cases

Public Service Commission
No right to intervene shown. In the Matter of Missouri-American Water Company for a Certificate of Convenience and Necessity Authorizing it to Install, Own, Acquire, Construct, Operate, Control, Manage and Maintain a Sewer System in Benton County, Missouri vs. George M. Hall, File No. 78297 (Mo. App. W.D., September 22, 2015) Ellis, J.
Full Summary and Other Cases

Tort Law
MOPERM’s memorandum of coverage is unambiguous that a “covered party” does not include an employee who committed sexual abuse. Missouri Public Entity Risk Management Funds v. S.M., et al., No. 78286 (Mo. App., W.D. August 18, 2015), Hardwick, J.
Full Summary and Other Cases