Courts Bulletin - 4-Apr
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 Concealed weapons statute violated Hancock Amendment. [Alvin Brooks, et al., Respondents/Cross-Appellants, v. State of Missouri and Attorney General Jeremiah W. (Jay) Nixon, Appellants/Cross-Respondents, James Murphy, Defendant, Bull's Eye, L.L.C., et al., Appellants/Cross-Respondents], No. SC85674 (Mo. banc, February 26 2004), Limbaugh, J. Full Summary and Other Cases

Bankruptcy Law Bankruptcy Court for the Eastern District of Missouri (Judge Surratt-States) sanctions attorney for electronically filing petition without first meeting with client and without obtaining client's authorization or signature in advance. No circumstances, including an urgent foreclosure sale, nor assertion of benefit to debtor, warranted counsel's actions. [In re Seena Phillips], 2004 WL 413285 (Bankr. E.D. Mo., March 2, 2004). Full Summary and Other Cases

Commercial Law Court could not rely on an uncertified copy of a judgment from another county for summary judgment. [Blunt v. Gillette], No. 25578 (Mo.App. S.D., January 15, 2004), Shrum J. Full Summary and Other Cases

Criminal Law Permissible for inmate to correct defect in failing to sign pro se motion after time limit expires for filing motion, as long as the pro se motion itself was filed within the applicable time limits. [Wallingford v. State], No. 85557 (Mo. banc, March 30, 2004), Benton, J. Full Summary and Other Cases

Employee Benefits Exculpatory clause in a deferred compensation plan for municipal employees is enforceable and not void as against public policy because the municipality's management of the plan does not involve a public interest. [Abell v. City of St. Louis], No. 83200 (Mo. App. E.D., March 16, 2004), Hoff, J. Full Summary and Other Cases

Environmental & Energy Law Does Missouri's Motor Fuel; Marketing Act protect gas stations from competition? [State of Missouri v. QuikTrip Corporation], No. SC 85399 (Mo. banc, March 30, 2004), Wolfe, J. Full Summary and Other Cases

Family Law Non-verified denial of irretrievable breakdown of marriage. [Magers v. Magers], No. 25687 (Mo. App. S.D., March 2, 2004), Prewitt, J. Full Summary and Other Cases

Health & Hospital Law [Vaughters, et al. v. Blue Cross and Blue Shield of Kansas City], No. 62033 (Mo.App. W.D., March 23, 2004), Smart, J. Full Summary and Other Cases

Insurance Law Stockholder in corporation that owned insured building held to have an insurable interest in the building. [Jam, Inc., et al., Respondent v. Nautilus Insurance Company, Appellant], No. 61603 (Mo. App. W.D., March 23, 2004), Breckenridge, J. Full Summary and Other Cases

Juvenile Law (1) 453.080 definition of lawful and actual custody does not mandate a court ordered transfer of custody in adoption cases. (2) Court ordered transfer of custody is not the exclusive means by which a party can exercise lawful and actual custody of a child. (3) Reenactment of 453.080 did not change prior law to the effect that a step-parent need not have a court ordered transfer of custody prior to an adoption. (4) Neglect is shown such that adoption will be granted without consent of father where father fails to support or visit with child. (5) Father's provision of health insurance is a token effort and was properly ignored by the court. [In the Matter of S.J.S.], No. 83155 (Mo.App.E.D., March 23, ), Crandall, J. Full Summary and Other Cases

Labor Law Claimant may be permanently and totally disabled even where capable of performing small jobs and duties; employer insurer required to pay 15% penalty due to violation of a state safety statute,  292.020. [Patrick Pavia v. Smitty's Supermarket], No. 25295 (Mo.App. S.D., September 30, 2003), Barney, P.J. Full Summary and Other Cases

Local Government [James E. Newman and Boring's Country Estates, Inc. v. City of Warsaw, Missouri, and Lou Ann Breshears, and Ken Brown, and Cordin Cain, and Krysti Woods, and Dick Fry, and Sandra Wood, and Jay Nixon, Attorney General], No. 62149 (Mo. App. W.D., March 20, 2004), Holliger, J. Full Summary and Other Cases

Public Service Commission The Public Service Commission rejected the proposed tariff of Sprint Missouri, Inc., d/b/a Sprint, which was designed to increase the residential and business monthly rate for the optical Metropolitan Calling Area Plan for Tiers 3, 4, and 5. The Commission determined that the proposed tariff was unlawful in that it exceeded the increase authorized in 392.245.11, RSMo 2000. Sprint appealed to the Cole County Circuit Court, and the Court affirmed the Commission's decision. [State of Missouri ex rel. Sprint Missouri, Inc. v. Public Service Commission et al. Cole County Circuit Court], Case No. 03CV323021, November 6, 2003, Callahan, J. Full Summary and Other Cases

School Law and Higher Education [Ex parte] contacts between superintendent and school board concerning teacher dismissal violates due process, but does not mandate reinstatement where evidence of insubordination is found. [Hall v. Jennings School District], No 82843 (Mo.App. E.D., February 24, 2004), Crahan, J. Full Summary and Other Cases

Tort Law Expert witness cannot give opinion on another witness' credibility. [McGuire v. Seltsam], No. 61448 (Mo. App. W.D., March 16, 2004), Ellis, C.J. Full Summary and Other Cases

Workers´ Compensation (See summaries under Labor Law, [supra]) Full Summary and Other Cases

Other Areas of Law Section 558.016.8, one of the provisions of Senate Bill 5 which was enacted into law on June 27, 2003, and which allows for certain non-violent offenders to seek early release from prison at the sentencing court's discretion after receiving a report from Department of Corrections, applies retroactively to those who were incarcerated before the effective date of the act. [State ex rel. Nixon v. Russell], No. 85725 (Mo. banc, March 30, 2004), Wolfe, J. Full Summary and Other Cases