Courts Bulletin - 3-Dec
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/Constitutional Law Association has standing to challenge regulation on members' behalf. [Missouri Bankers Association and Century Bank of the Ozarks, Appellants, v. Director of the Missouri Division of Credit Unions, The Credit Union Commission of the State of Missouri, Springfield Telephone Employees Credit Union, and Missouri Credit Union System, Inc., Respondents], No. 85170 (Mo. banc, December 9, 2003), Limbaugh, J. Full Summary and Other Cases

Civil Practice & Procedure Missouri Rules of Civil Procedure apply to Section 1983 actions filed in Missouri State Court. [Charron v. Governor Bob Holden and Donna Coleman], No. 61747 (Mo. App. W.D., August 5, 2003), Holliger, J. Full Summary and Other Cases

Corporations & Business Organizations Parent shareholder of a corporation lacks standing to sue in its individual capacity for damages of the wholly owned subsidiary corporation. [Sequa Corporation and Sequa Engineering Services, Inc. v. William E. Cooper, Cynthia H. Bitting, and Allied Industrial Group, Inc.], No. 82286 (Mo. App. E.D., November 25, 2003), Crandall, J. Full Summary and Other Cases

Criminal Law Insufficient evidence to support sale of methamphetamine where no proof that "other persons" hypothesized by verdict director existed. [State v. Morgan], No. 25453, (Mo. App., S.D., November 26, 2003), Shrum, J. Full Summary and Other Cases

Elder Law Medicaid and Medicare figures have been released for 2004. Full Summary and Other Cases

Family Law Relocation of child. [Heslop v. Sanderson], No. 62139 (Mo. App. W.D., October 21, 2003), Smith, J. Full Summary and Other Cases

Insurance Law Automobile insurer's uninsured motorist coverage held inapplicable to driver of uninsured vehicle, since driver was covered by his own liability insurance; however, uninsured motorist coverage was available for negligent entrustment claim against owner of vehicle, since owner had no liability insurance. [Linda Stotts and Rhonda Stotts, Respondents v. Progressive Classic Insurance Company, Appellant]. (Mo. App. W.D., November 4, 2003), Smith, J. Full Summary and Other Cases

Local Government [International Brotherhood of Electrical Workers, Local Union No. 53 v. City Power & Light Dept., City of Independence, Missouri], No. 62663 (Mo. App. W.D., November 12, 2003), Newton, P.J. Full Summary and Other Cases

Property Law A unilateral contract offer is accepted when requested performance is rendered and cannot be revoked if substantial performance has occurred. [Speedy Ketcherside d/b/a Speedy Ketcherside Auction & Realty, Plaintiff/Respondent v. Sandy McLane, d/b/a McLane Investment Company, Defendant/Appellant], No. 24877 (Mo. App. S.D., October 28, 2003), Shrum, J. Full Summary and Other Cases

Public Service Commission The commission found that the application to construct, operate, own, and maintain a 345-kilovolt electric transmission line in Osage, Maries, and Pulaski Counties was in the public interest with certain conditions. [In the matter of the Application of Union Electric Company for Permission and Authority to Construct, Operate, Own, and Maintain a 345 Kilovolt Transmission Line in Maries, Osage, and Pulaski Counties, Missouri], Case No. EO-2002-351, August 21, 2003, PSC Judge Dippell. Full Summary and Other Cases

Taxation (Missouri Taxation Law & Practice Deskbook Update) Franchise tax - Missouri-based corporations not entitled to apportion income for franchise tax purposes. [TSI Holding Company et al. v. Director of Revenue], Nos. 85179, 85180, and 85181 (Mo. banc, November 4, 2003), Wolff, J. Full Summary and Other Cases

Tort Law Landlord is not liable to a tenant's business invitees for injuries caused by defects on the premises unless the landlord exercises control over the premises. [McKinney v. H.M.K.G. & C., Inc.], No. 62222, (Mo. App. W.D., November 4, 2003), Newton, J. Full Summary and Other Cases