Courts Bulletin - 4-Jun
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 Alternative basis for decision supports fine. [President Riverboat Casino-Missouri, Inc., Appellant v. Missouri Gaming Commission, Respondent], No. 62242 (Mo. App. W.D., May 28, 2004), Hardwick, J. Full Summary and Other Cases

Criminal Law Defendant who possessed a single valium pill could be an "ultimate user" under the statute, and thereby be in lawful possession, since the pill was his grandmother's and he lived in the household with her. Therefore, since this defense was available to him, he was entitled to a continuance to secure the testimony of the pharmacist who filled the grandmother's prescription shortly before defendant's arrest. [State v. Blocker], No. 85704 (Mo. banc, May 11, 2004), Teitelman, J. Full Summary and Other Cases

Elder Law The Department of Social Services may file a claim for reimbursement for Medicaid benefits, on a fully administered estate, outside the one-year time frame under Section 473.444.1, RSMo. 2000. The full administration of the estate had already been sought within the one-year time limit by another creditor. [State, Department of Social Services v. Cahill], No. 63022, (Mo. App. W.D., April 20, 2004), Spinden, J. Full Summary and Other Cases

Family Law Termination of visitation versus supervised visitation for convicted sex offender. [In re: Marriage of M.A. and M.S.], No. 82018 (Mo App. E.D., May 11, 2004), Crane, J. Full Summary and Other Cases

Insurance Law Pollution exclusion bars coverage for lead poisoning claim. [Linda M Heringer, Appellant v. American Family Mutual Insurance Company, Respondent], No. 62995 (Mo. App. W.D., May 4, 2004), Ulrich, J. Full Summary and Other Cases

Juvenile Law (1) Termination of parental rights ("TPR") judgment granted solely on ground of foster care 15 of most recent 22 months would be reversed. (2) On remand, trial court is permitted to reopen or review the record to determine if any other basis for termination of parental rights was pleaded or proven. [In Interest of J.V.O.], No. 25802 (Mo. App. S.D., May 14, 2004), Garrison, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds fee-splitting provision in an employment-related arbitration agreement is not per se unconscionable. [Faber v. Menard Inc.], 367 F.3d 1048 (8th Cir., May 21, 2004),Wollman, C.J. Full Summary and Other Cases

Local Government Does Section 67.110.2 RSMo. apply to school districts' ability to raise operating revenues? [Henry G. Lane, et al. v. Patricia S. Lensmeyer, etc., et al.], No. 62084 (Mo. App. W.D., May 18, 2004), Smith, J. Full Summary and Other Cases

Property Law Premises liability - general rule no duty owed trespasser. [Eric Humphrey, Plaintiff/Respondent v. Charles Glenn and Dale Glenn, d/b/a C & D Glenn Farms, Defendants/Appellants], No. 25744 (Mo. App. S.D., April 28, 2004), Per curiam. Full Summary and Other Cases

Taxation (Missouri Taxation Law & Practice Deskbook Update) Sales tax - exchange of soybeans for automobile not subject to sale tax (9.39). [Jenkins v. Director of Revenue], No. 03-1544-RV (Mo. AHC, May 19, 2004), Doughty, C. Full Summary and Other Cases

Tort Law Punitive damages should have been submitted to the jury when there was sufficient evidence that someone on behalf of defendant forged plaintiff's name on a security instrument resulting in wrongful repossession of bulldozer and such conduct could have been found to be outrageous due to evil motive or reckless indifference to plaintiff's rights. [Perkins v. Dean Machinery Co.], No. 62576 (Mo. App. W.D., April 30, 2004), Smart, J. Full Summary and Other Cases

Workers´ Compensation Defining "usual business" for statutory employment after [Bass v National Super Markets. William Miller v American Royal Association], No. 62507 (Mo. App. W.D., April 6, 2004), Howard, J. Full Summary and Other Cases