Courts Bulletin - 4-Jul
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 Court reviews decision on whole record, not just evidence that supports the decision. [Jeffrey L. Lagud, Respondent v. Kansas City Board of Police Commissioners, Appellant], No. 85627 (Mo. banc, June 22, 2004), Stith J. Full Summary and Other Cases

Bankruptcy Law Governor Approves Bill Increasing Exemptions. Effective August 28, 2004 increased exemptions will go into place and apply to all bankruptcy cases filed after that date. Full Summary and Other Cases

Civil Practice & Procedure Parties can only discover, by interrogatory, medical information that the party is allowed to discover through a medical authorization. [State of Missouri ex rel. Brown v. Dickerson], No. 63803 (Mo. App. W.D., June 22, 2004), Howard, P.J. Full Summary and Other Cases

Criminal Law Juvenile must be competent to proceed with certification hearing. [State ex rel D.C. v. McShane], No. 85555, (Mo. banc, June 8, 2004), Limbaugh, J. Full Summary and Other Cases

Elder Law New figures for Missouri Medicaid effective July, 2004. Full Summary and Other Cases

Family Law Notice provisions of relocation statute. [Melton v. Collins], No. 25340 (Mo. App. S.D., May 20, 2004), Barney, P.J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit holds plaintiffs alleging discrimination in reduction of force cases must show employer's stated reason for termination was pretext and their protected status was a factor in the adverse employment decision. [Groves v. Cost Planning and Mgmt. Int'l, Inc.], 2004 WL 1416371 (8th Cir., June 18, 2004). Full Summary and Other Cases

Local Government Standard for "standing" under 89.491 RSMo. is commensurate with that of 89.110. [Bender, et al. v. Forest Park Forever, et al.], No. 83852 (Mo. App. E.D., June 15, 2004), Norton, P.J. Full Summary and Other Cases

Property Law Request for limited discovery to determine lawfulness of condemnation is appropriate for purposes of a continuance. [City of Wentzville v. Shirley May Dodson], No. 82994 (Mo. App. E.D., April 27, 2004), Russell, J. Full Summary and Other Cases

Public Service Commission The Circuit Court of Cole County issued a preliminary writ, ordering the Missouri Public Service Commission to refrain from acting on a rate case as it concerned the service territories of St. Joseph Light & Power. [State of Missouri ex rel. AG Processing, Inc., and the Missouri Office of the Public Counsel v. The Missouri Public Service Commission and the Commissioners thereof], No. 04CV323493 (Cole County Circuit Court, February 24, 2004), Brown, J. Full Summary and Other Cases

Tort Law As long as the liability of another tortfeasor against whom contribution is sought has been extinguished, regardless of how, a settling tortfeasor may seek contribution against the other non-settling tortfeasor. [Clark's Resource, Inc. v. Ireland], No. 83936 (Mo. App. E.D., June 15, 2004), Norton, P.J. Full Summary and Other Cases