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Courts Bulletin - Current Issue (May 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
LPN’s failure to take measures to resuscitate non-breathing patient constituted gross negligence, incompetency, and violation of professional trust. State Bd. of Nursing v. Ericka Moore, No. 14-0380 BN (Mo. AHC, March 17, 2015), Colbert-Botchway, C.
Full Summary and Other Cases  

Administrative Law
Agency’s regulation binds that agency. Fowler Land Company Inc., et al., Petitioners-Appellants v. Missouri Department of Natural Resources, et al., Respondents-Respondents, No. 33166 (Mo. App. S.D., May 6, 2015), Lynch, J.
Full Summary and Other Cases  

Criminal Law
Petitioner required to register under Missouri’s sex offender law (SORA) even though he is no longer required to register under the federal law (SORNA) because he was “has been required” to register under SORNA. Horton v. State, No. 33329 (Mo. App. S.D., April 13, 2015), Rahmeyer, J.
Full Summary and Other Cases

Elder Law
2015 MO HealthNet/Medicare Update

Family Law
Dealing with LAGERS pension benefits in the division of marital property, the court may not divide it “when and if” the participant receives the LAGERS benefits. Joyner v. Joyner, No. 77575 (Mo. App. W.D., March 3, 2015), Welsh, J.
Full Summary and Other Cases

Juvenile Law
Director’s decision denying residential treatment in adoption subsidy reversed where, under 13 CSR 35-38.010(6)(F), Parents qualify for reimbursement of costs of residential treatment. The facility does not have a contract with the Division; the Division approved residential treatment in writing; and, Parents established that there is no service provider with a contract who is reasonably available to provide the service. Parents should not be penalized for placement of child during the appeal process prior to written agreement of the Division. J.R. bnf B.R. and M.S. v. Dept. of Social Services, No. 101941 (Mo. App. E.D., May 12, 2015), Richter, J.
Full Summary and Other Cases

Public Service Commission
No forced sale under asset transfer statute. City of O’Fallon, Missouri and City of Ballwin, Missouri vs. Union Electric Company D/B/A Ameren Missouri, No. 78067 (Mo. App. W.D., April 28, 2015), Hardwick, P.J.
Full Summary and Other Cases

Workers' Compensation
An unexplained fall can still be found compensable. Gleason v. Treasurer of the State of Missouri - Custodian of the Second Injury Fund. No. 77607 (Mo. App. W.D., March 3, 2015), Ellis, P.J.
Full Summary and Other Cases