Courts Bulletin - 3-Oct
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 Faulty notice estopped State Tax Commission from refusing appeal. [Twelve Oaks Motor Inn, Inc. v. James Strahan, Assessor, Taney County, Missouri], No. 25168 (Mo. App. S.D., July 28, 2003) Parrish, J. Full Summary and Other Cases

Bankruptcy Law U.S. Supreme Court to consider sovereign immunity and other bankruptcy issues. Full Summary and Other Cases

Employee Benefits QDRO may be modified in certain limited circumstances in spite of Section 452.360.2 which provides that a judgment affecting distribution of marital property shall be a final judgment not subject to modification. [Ricketts v. Ricketts], No. 62000 (Mo. App. W.D., August 26, 2003), Ellis, C.J. Full Summary and Other Cases

Environmental & Energy Law Inadequate and unreliable service and unjust and unreasonable rates. [State of Missouri ex rel. GS Technologies Operating Co., Inc. d/b/a GST Steel Company v. The Public Service Commission of the State of Missouri, Kansas City Power & Light], No. 61290 (Mo. App. WD, September 16, 2003), Breckenridge, J. Full Summary and Other Cases

Family Law Husband's denial of paternity of child born during marriage: necessary procedures. [Fry v. Fry], No. 25254 (Mo. App.S.D., June 23, 2003), Garrison, J. Full Summary and Other Cases

Insurance Law Medical policy excluding coverage for disease or disorder of the prostate held not to be in violation of Section 375.995, prohibiting denial of insurance on the basis of sex. [Jacqueline A. Williams, Appellant v. National Casualty Company, Respondent], No. 25461 (Mo. App. S.D., September 19, 2003), Prewitt, J. Full Summary and Other Cases

Juvenile Law (1) Juvenile court jurisdiction under Chapter 211 is paramount to and supersedes the jurisdiction of any other court, including the dissolution court. (2) Father's motion to modify filed and heard at the same time as juvenile review hearing should have been dismissed for lack of jurisdiction. (3) Dissolution court had no jurisdiction to modify earlier child custody order to change custody from mother to father while Chapter 211 case was pending. (4) Juvenile court should have entered a judgment modifying the juvenile custody order in the Chapter 211 case to change custody from DFS to father. [Ogle v. Blankenship], No. 82093 (Mo. App.E.D., August 26, 2003), Norton, P.J. Full Summary and Other Cases

Local Government Agreement requiring police officer to reimburse city a proportionate amount of training expenses due to early resignation was not vague or unconscionable. [Smith, et al., v. Kriska], No. 82062 (Mo. App. E.D., August 26, 2003), Crane, J. Full Summary and Other Cases

Property Law Two or more persons may acquire title to the same property by adverse possession as co-tenants. [Robert & Patricia Crowe v. Horizon Homes, Inc.], No. 81875 (Mo.App. E.D., July 29, 2003), Norton, J. Full Summary and Other Cases

Public Service Commission In a case established to review Laclede Gas Company's actual cost adjustments to its purchased gas adjustment tariff revisions, the commission's staff challenged Laclede's right to retain approximately $4.9 million in proceeds from the sale of call options in the winter of 2000-2001 under the overall cost reduction incentive provisions of the company's price stabilization program. After hearing evidence, the commission determined that the overall cost reduction incentive became inoperable when Laclede withdrew from the price reduction incentive portion of the price stabilization program. As a result, Laclede was not entitled to retain those proceeds. [In the Matter of Laclede Gas Company's Purchased Gas Adjustment Tariff Revisions to be reviewed in its 2000-2001 Actual Cost Adjustment, et al.], No. GR-2001-387, (Public Service Commission, April 29, 2003), Woodruff, R.L.J. Full Summary and Other Cases

Tort Law When insurance company misrepresents its policy limits and plaintiff enters settlement based upon that misrepresentation, it is not necessary for plaintiff to return proceeds of settlement in order to make claim against insurance company for fraud. [Roth v. La Societe Anonyme Turbomeca France], et al., No. 61927, (Mo. App. W.D., September 30, 2003), Spinden, P.J. Full Summary and Other Cases