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Courts Bulletin - Current Issue (November 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
Taxpayer’s claim of low-income tax credit carry-forwards failed because it invoked the wrong law. Transamerica Life Insurance Co. v. Director of Revenue & Director of Insurance, No. 16-2978 (Mo. AHC, September 26, 2016), Winn, C.
Full Summary and Other Cases

Criminal Law
Officer investigating a report of man and woman arguing at an apartment complex did not have reasonable suspicion to stop a car occupied by a male and female that was leaving the complex, absent more definite information. State v. McCarty, No. 79095 (Mo. App. W.D., October 4, 2016), Martin, J.
Full Summary and Other Cases

Elder Law
2017 Social Security Changes

Juvenile Law
Termination of father’s parental rights for parental unfitness is affirmed where Father is a registered sex offender who was convicted of sex abuse of a child both prior to the birth of the children in this case, and again during this case, as to a child not in this case, which resulted in a lengthy incarceration and Father’s statutory ineligibility as a reunification resource. Trial court is not required, in absence of a Rule 73.01(c) request, to make findings under § 211.447.7 as to the best interest factors because § 211.447.7 does not apply to TPR under § 211.447.5(6). In Interest of E.B.R. and T.R.B., No. 79507 (Mo. App. W.D., November 1, 2016), Martin, J.
Full Summary and Other Cases

Taxation Law in Missouri
Sales tax – Sale of frozen dinners to airline customers not subject to reduced tax on food sales. Gate Gourmet, Inc. v. Director of Revenue, No. 95388 (Mo. banc, October 4, 2016), Wilson, J.
Full Summary and Other Cases

Tort Law
New trial for juror misconduct unwarranted when presumption of prejudice rebutted by testimony of other jurors. Smotherman, et al. v. Cass Regional Medical Center, No. 95464. (Mo. banc, September 20, 2016). Russell, J.
Full Summary and Other Cases