Courts Bulletin - Current Issue
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.

In this Issue

Administrative Hearing Commission Railroad crossing closed. In re Application of Missouri Highways & Transportation Commission regarding the Kansas City Southern Railway Company's crossing with Fulks Road (US DOT 293 567 M), near Oak Grove, Lafayette County, Missouri, No. 06-1585 RR (Mo. AHC, February 29, 2008), Chapel, C. Full Summary and Other Cases

Administrative Law Notice starts appeal time. Cynthia Phelan, Appellant v. Treasurer of the State of Missouri-Custodian of the Second Injury Fund, Respondent, No. 68023 (Mo. App. W.D., April 8, 2008), Howard, C.J. Full Summary and Other Cases

Civil Practice & Procedure Where trial transcript does not exist due to no fault of parties, trial court judgment should be reversed and remanded.  Empire Bank, Plaintiff-Respondent v. Bruce McRobert, Defendant-Appellant, and McRobert and Miller Accounting Consultants, Inc., Defendant, No. 28642 (Mo. App. S.D., March 18, 2008), per curiam. Full Summary and Other Cases

Constitutional Law No extra pay without extra services. Robert H. Sihnhold, Appellant v. Missouri State Employees' Retirement System, Respondent , No. 88813 (Mo. banc, Apr. 1, 2008), Teitelman, J. Full Summary and Other Cases

Criminal Law Expert testimony on false confessions was properly excluded. State of Missouri, Respondent v. Joseph Edward Wright, Appellant, No. 28416 (Mo. App. S.D., March 18, 2008), Barney, J. Full Summary and Other Cases

Elder Law New Medicaid Monthly Penalty Divisor Full Summary and Other Cases

Family Law Contempt and orders to show cause. Angela Shapiro McCoy, Appellant v. Samuel Scavuzzo, Respondent, No. 68095 (Mo. App. W.D., March 25, 2008), Dandurand, J. Full Summary and Other Cases

Insurance Law Ford Bronco held not an off-road vehicle for purposes of uninsured and underinsured coverage. Deanna L. Denny, Appellant v. Heleena D. Duran, et al., Defendant, American Family Mutual Insurance Company, Respondent, No. 68094 (Mo. App. W.D., March 4, 2008), Welsh, J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms grant of summary judgment in favor of employer on claims of race discrimination; former employee could not establish a prima facie case because she failed to show similarly situated Caucasian employees were treated differently. Sheila Fields, Appellant v. Shelter Mutual Insurance Company, Appellee, No. 07-2227, 2008 WL 763017 (8th Cir. Mar. 25, 2008). Full Summary and Other Cases

Local Government St. Louis County Boundary Commission denial of annexation proposal is a non-contested case for purposes of circuit court review. The City of Valley Park, Missouri, Plaintiff/Respondent v. Matthew Armstrong, et al. as Constituting the Boundary Commission, St. Louis County and Boundary Commission, St. Louis County, Defendants/Appellants, No. 89230 (Mo. App. E.D., March 18, 2008), Sullivan, J. Full Summary and Other Cases

Probate & Trust Law Waiver of inheritance rights must be express. In the Estate of: Joseph L. Olsen, Deceased; Jessie Ann Olsen, Appellant v. Johnathan Meyer, Successor Personal Representative, Respondent; Jolet Olsen and Holly Olsen, Respondents, No. 68030 (Mo. App. W.D., March 4, 2008), Smart, J. Full Summary and Other Cases

Tort Law Insurance company and agent have liability for injuries to insured's brother injured when removing limb from roof of sister's house after insurance company told the sister there was no coverage for removal of the limb. Galen Richey, Respondent v. Catherine M. Philipp a/k/a Catherine M. Philipp-Leatz, etc. in her individual capacity and as an agent for American Family Mutual Insurance Company, and American Family Mutual Insurance Company, Appellants, No. 68064 (Mo. App. W.D., March 4, 2008), Welsh, J. (See Insurance Law) Full Summary and Other Cases

Workers' Compensation When is a positive drug test admissible? Is a positive test enough for the penalty of § 287.120 to apply? Lois Nolan, Appellant v. Degussa Admixtures, Inc., Respondent, No. 28647 (Mo. App. S.D., January 7, 2008), Scott, J. Full Summary and Other Cases

Other Areas of Law Treble damages for unauthorized practice of law is constitutional and does not require a culpable mental state. Cynthia Carpenter, et al., Respondents v. Countrywide Home Loans, Inc., Appellant, No. 88367 (Mo. banc, March 18, 2008), Price, J. Full Summary and Other Cases