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 Nurse is subject to discipline for falsifying patient and hospital records.  State Board of Nursing v. Wolverton, No. 08-0363 BN (Mo. AHC, May 11, 2009), Chapel, C. Full Summary and Other Cases

Administrative Law AG opinion is Sunshine Law's safe harbor.  Great Rivers Environmental Law Center, Appellant v. City of St. Peters, Respondent, No. 91964 (Mo. App. E.D., May 26, 2009), Draper III, J. Full Summary and Other Cases

Bankruptcy Law A 20% understatement of commission based income and a failure to make a single payment on an installment loan, standing alone, does not sustain the plaintiff's burden as to a 11 U.S.C. Section 523(a)(2)(B) discharge complaint.  In re Leavitt, 399 B.R. 892 (WDMo, October 21, 2008), Federman, J. Full Summary and Other Cases

Business & Corporate Law Private sale by one 50% shareholder to the other 50% shareholder, based on them bidding against each other in a procedure fashioned by a court-appointed trustee, was an appropriate equitable remedy for resolving a deadlock in the management of a corporation under either Section 351.467 or 351.494, RSMo.  William O. Cannon, Respondent v. Thomas E. Monroe, Appellant, No. 92391 (Mo. App. E.D., May 5, 2009), Ahrens, J. Full Summary and Other Cases

Commercial Law Section 407.817 of the Missouri Revised Statutes is the sole and exclusive authority for challenging the establishment of a new motor vehicle dealership under the Motor Vehicle Franchise Practices Act.  Parktown Imports, Inc., Appellant v. Audi of America, Inc., Respondent, No. 89611 (Mo. banc, March 17, 2009), Fischer, J. Full Summary and Other Cases

Constitutional Law Enticement statute does not violate constitutional protection of free speech, its minimum sentence does not violate constitutional ban on cruel and unusual punishment, and its emergency clause was effective.  State of Missouri, Respondent v. Jacob R. Pribble, Appellant, No. 89473 (Mo. banc, May 26, 2009), Russell, J. Full Summary and Other Cases

Criminal Law Missouri analyzes Seibert rule under narrowest test and suppresses only where the two-step interrogation is deliberate.  State of Missouri, Respondent v. Terrell C. Gaw, Appellant, No. 89820 (Mo. banc, May 26, 2009), Fischer, J. Full Summary and Other Cases

Family Law Relocation request in divorce proceeding.  In Re Marriage of:  Nathan D. Lowery, Appellant v. Shayla R. Lowery, Respondent,  No. 91383 (Mo. App. E.D., May 12, 2009), Richter, P.J. Full Summary and Other Cases

Insurance Law Insurer bound by agreement to defend without reservation even though judgment had already been entered.  Karri Kinnaman-Carson and Randy Carson, Appellants v. Westport Insurance Corporation and ABC Specialty, Inc., Respondents ,No. 89728 (Mo. banc, May 5, 2009), Stith, J. Full Summary and Other Cases

Juvenile Law (1) Where a dissolution is granted in 2000, and where Father is convicted in 2001 of sexual abuse of his step-daughter, and where an amendment to Section 452.375 is enacted in 2005 which operates to deny Father unsupervised visitation or custody, the amendment governs Father's Motion to Modify filed in 2006 and is not a retrospective application of a new law.  Susan M. Cannon (Randall), Appellant v. James R. Cannon, Respondent., No. 89118 (Mo. banc, April 14, 2009), Stith, J. Full Summary and Other Cases

Local Government City's pursuit of attorney general opinion on legality of closing records deemed a safe haven from Sunshine Law violation.  Great Rivers Environmental Law Center, Appellant v. City of St. Peters, Respondent, No. 91964 (Mo. App. E.D., May 26, 2009), Draper III, J. Full Summary and Other Cases

Taxation Law in Missouri Sales Tax - Resale exclusion requires a taxable sale at retail. ICC Management, Inc., Appellant v. Director of Revenue, Respondent, No. 89559 (Mo. banc, June 16, 2009), Stith, C.J. Full Summary and Other Cases

Tort Law Trial court could properly grant plaintiff leave to file amended petition adding party to cure defect in venue after original defendant had filed motion to transfer venue under Rule 51.045.  State ex rel. The Kansas City Southern Railway Company, Relator v. The Honorable W. Stephen Nixon, Respondent, No. 89704 (Mo. banc, May 5, 2009), Wolff, J. Full Summary and Other Cases

Workers' Compensation Are the limitation on the doubling penalty made in section 287.510 RSMo by SB1 and 130, effective August 28, 2005, to be applied retroactively to accident and injuries prior to that date?  Tina Ball-Sawyers v Blue Springs School District, No. 69624 (Mo. App. W.D., May 5, 2009), Hardwick, J. Full Summary and Other Cases