Courts Bulletin - 4-Jan
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 Original Purpose Clause, Clear Title Clause not violated. [Ian McEuen, by and through next friend Gary McEuen, and Missouri Protection and Advocacy Services, Inc., Appellants, v. Missouri State Board of Education and Missouri Department of Elementary and Secondary Education, Respondents], No. 84953 (Mo. banc, November 25, 2003), Limbaugh, J. Full Summary and Other Cases

Family Law Award of fees in grandparent visitation case. Corley v. Corley, No. 62234 (Mo. App. W.D., December 9, 2003), Ulrich, J. Full Summary and Other Cases

Insurance Law Premium notice that included language stating that coverage would terminate in the event the premium was not timely paid held an insufficient notice of cancellation as required by the policy. [Heather Blair, Appellant v. Perry County Mutual Insurance Company and FMH Mutual Insurance Company, Respondents], No. 85247 (Mo. banc, November 4, 2003), Benton, J.} Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds employees may maintain hostile work environment claims under ADA. [Shaver v. Independent Stave Co. d/b/a Salem Wood Products Co., Inc.], 350 F.3d 716 (8th Cir. 2003), Arnold, J. Full Summary and Other Cases

Local Government [United Missouri Bank, N.A., Respondent v. City of Kansas City, Appellant], No. 62543 (Mo. App. W.D., December 16, 2003), Spinden, J. Full Summary and Other Cases

Property Law Counts of petition which are stayed pending arbitration may result in the appeal of the remaining counts being dismissed for lack of a final judgment. [Precision Investments, LLC, et al., Plaintiffs/Respondents v. Cornerstone Propane, LP, Defendant/Appellant], No. 24925 (Mo. App. S.D., of Appeals, November 17, 2003), Per Curiam. Full Summary and Other Cases

Public Service Commission The Commission found that Section 393.180 does not contain a "needs" test that an applicant for financing must meet, but that 393.180 and 393.190 construed together contain a "not detrimental to the public interest" test. [In the Matter of the Application by Aquila, Inc. for Authority to Assign, Transfer, Mortgage or Encumber its Franchise, Works or System], Case No. EF-2003-0465, Order Denying Motion for Summary Determination, October 8, 2003, PSC Judge Pridgin Full Summary and Other Cases

School Law and Higher Education [McEuen v. Missouri State Board of Education et al.], No. 84953 (Mo. banc, November 25, 2003), Limbaugh, J. Full Summary and Other Cases

Tort Law Rule 81.05(a), relating to the effect of authorized post-trial motions on the finality of judgments, does not apply to motions for relief from judgment under 74.06. [Waller v. YMCA of Greater St. Louis], No. 82924 (Mo. App. E.D., November 4, 2003), Sullivan, J. On November 27, 2001, the trial court entered a judgment on a minor's personal injury settlement. Just short of a year later, on November 26, 2002, the minors filed a motion for relief from judgment pursuant to Rule 74.06(b). The minors later filed an amended motion on January 17, 2003. Ninety days passed, and the trial court did not rule on the amended motion for relief from judgment. The minors then filed their notice of appeal with the circuit court on April 25, 2003. Full Summary and Other Cases

Workers´ Compensation Are police officers injured when working secondary employment nevertheless in the course and scope of their primary employer? [Leach v. Board of Police Commissioners of Kansas City], No. 61914 (Mo. App. W.D., November 4, 2003), Spinden, P.J. Full Summary and Other Cases