Courts Bulletin - 3-Sep
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

Bankruptcy Law Homestead Exemption Increased. Full Summary and Other Cases

Construction Law [Classic Kitchens & Interiors v. Darryl Johnson, Jr., et al.] No. 24947 (Mo. App. S.D., July 30, 2003), Parrish, J. Full Summary and Other Cases

Health & Hospital Law Sovereign immunity is no defense for nursing home district retaliatory discharge case. [R. Mitchel Batchel and Cary M. Bisbey v. Miller County Nursing Home District], No. 84835 (Mo. banc, July 29, 2003), Stith, J. Full Summary and Other Cases

Juvenile Law (1) Termination of parental rights may be granted when a child has been abused or neglected. (2) Aggravating factors, Section 211.447.4(2)(a)-(d) are not independent grounds for termination, but merely categories of evidence to be considered together with all other relevant evidence. (3) Neglect is adequately established for TPR where mother used marijuana during the pregnancy, had no permanent home, was a runaway, and where she failed to follow the service agreement by testing positive for drugs, having unstable housing, failing to inform DFS of changes and by moving out of state resulting in only one visit during an eight month period. Mother also failed to have alternative contact and failed to support the child. (4) TPR is in best interests of child where a trial court found no emotional ties, no visitation, no support and that mother was disinterested in and lacked commitment to the child. [In Interest of C.L.W.], No. 25319 (Mo.App.S.D., July 28, 2003), Shrum, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit confirms "moderate" limitations are not disabling and employees must demonstrate a causal link between the limitation and the accommodation they desire. [Wood v. Crown Redi-Mix, Inc. d/b/a Crown Bldg. Materials, Inc.], 339 F.3d 682 (8th Cir. 2003) Bowman, J. Full Summary and Other Cases

Local Government No appeal lies from municipal court decision. [City of Springfield, Missouri v. Robert Steven Stoviak], No. 25276, (Mo.App. S.D., July 30, 2003), Barney, J. Full Summary and Other Cases

Medical Malpractice Employer and worker's compensation insurance carrier could not appeal trial court's denial of their petition to intervene in worker's medical malpractice case because it was not a final judgment while the malpractice claims were still pending. [Brookshire v. Retz, Snyder Construction Company, Intervenor], No. SD 25589, (Mo.App.S.D., August 19, 2003), Per Curiam. Full Summary and Other Cases

Workers´ Compensation When does a claimant sustain a "compensable" occupational disease for the purpose of the statute of limitations? [Joyce Rupard v John K. Kiesendahl, DDS], No. 62101 (Mo.App. W.D., August 5, 2003), Ulrich, J. Full Summary and Other Cases