Courts Bulletin - 4-May
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 IOLTA is not unconstitutional. [Robert Mottl, Individually and on Behalf of a Class of All Others Similarly Situated, Appellant, v. Missouri Lawyer Trust Account Foundation, et al.; Hon. Stephen N. Limbaugh, Jr.; Hon. Duane Benton; Hon. William Ray Price, Jr.,; Hon. Ronnie L. White; Hon. Michael A. Wolff; Hon. Laura Denvir Stith; Hon. Richard B. Teitelman; Respondents], No. WD63130 (Mo. App., W.D., March 23, 2004), Ulrich, J. Full Summary and Other Cases

Bankruptcy Law Bankruptcy appellate panel approves common Chapter 11 profession fee practice and hold professionals can be paid on an ongoing basis without prior approval of periodic disbursements if provided for in the employment arrangement. [Farrell v. American Executive Mgmt. Inc., (In re North Star Mgmt., LP)], 2004 WL 943630 (B.A.P. 8th Cir. May 4, 2004). Full Summary and Other Cases

Criminal Law Insufficient evidence to support one count of sexual misconduct in the first degree. [State v. Love], No. 25655 (Mo. App. S.D., April 22, 2004), Per curiam. Full Summary and Other Cases

Elder Law Defendants could be charged under either  565.188 RSMo, or  198.070, RSMo, for failure to report elder abuse because the statutes are not in conflict, and the prosecutor was free to determine under which statute to prosecute. Defendants, as providers of management services for a skilled nursing facility, are mandated reporters within  565.188 as they were "responsible for the care of a person sixty years of age or older." [State of Missouri v. Charles B. Kaiser, III, American Healthcare Management, Inc., and Claywest House Health Care, LLC], Nos. ED82515, ED82516 and ED82517 (Mo. App. E.D. April 6, 2004), Mooney, J. Full Summary and Other Cases

Family Law Credit for child in parents' custody as to child support. [Jarrett v. Cornwell], No. 62511 (Mo. App. W.D., April 6, 2004), Smart, J. Full Summary and Other Cases

Health & Hospital Law Gender anti-discrimination insurance statute interpreted. [Jacqueline A. Williams, etc. v. National Casualty Co.], No. 85643 (Mo. banc, April 27, 2004), Wolff, J. Full Summary and Other Cases

Insurance Law Exclusion in health insurance policy for disease or disorder of prostate held to violate statute. [Jacqueline A. Williams, personal representative of the Estate of Buddy L. Williams, Appellant v. National Casualty Company, Respondent], No. 85643 (Mo. banc, April 27, 2004), Wolff, J. Full Summary and Other Cases

Juvenile Law Section 210.140 which provides that legally privileged communications shall not apply to situations involving child abuse or neglect does not include the confidentiality provisions of  455.220, and accordingly, records of a domestic violence shelter related to a mother and her children may not be subpoenaed in a juvenile abuse/neglect proceeding. [State ex rel. Hope House, Inc., v. Merrigan], No. 85638 (Mo. banc, April 13, 2004), Teitelman, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit affirms NLRB denial of employer's motion to withdraw from stipulated election agreement. [NLRB v. MEMC Electronic Materials, Inc.], 363 F.3d 705 (8th Cir. 2004). Full Summary and Other Cases

Local Government [State of Missouri ex rel. James A. Thomas v. Donna Neeley and Sandra Williams], No. 26108 (Mo. App. S.D., March 23, 2004), Prewitt, J. Full Summary and Other Cases

Patent & Trademark Law and Unfair Competition Venue in misappropriation of trade secrets cases. [State ex rel. Private Nursing Service, Inc., v. Honorable Kenneth M. Romines], No. 83864, (Mo. App. E.D., March 16, 2004), Mooney, J. Full Summary and Other Cases

Property Law Reminder that where findings of fact and conclusions of law were not requested, plaintiff/appellant has not only burden of proof but greater difficulty reversing trial court on appeal. [Randy Ankrom and Arlene Ankrom, Husband and Wife, Plaintiffs/Appellants v. Denzil Roberts, Presiding Commissioner of Polk County, Missouri, Billy Dryer, Associate Commissioner of Polk County, Missouri, Rick Gazaway and Deborah Gazaway, Husband and Wife, and Mike and Pamela Harris, Husband and Wife], No. 25107 (Mo. App. S.D., February 18, 2004), Rahmeyer, C.J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Sales tax - horse-drawn carriage rides subject to tax; successor liability also determined (9.42, 10A.62). [Surrey's on the Plaza, Inc. v. Director of Revenue and Hooters of Springfield (Missouri), LLC v. Director of Revenue], Nos. 85331 and 85428 (Mo. banc, March 9 , 2004), Benton, J. Full Summary and Other Cases

Tort Law Issues relating to wrongful discharge because of whistleblower theory tried by consent should have been submitted to jury even though not raised in pleadings. [Shuler v. Premium Standard Farms, Inc.], No. 61518 (Mo. App. W.D., April 13, 2004), Hardwick, J. Full Summary and Other Cases

Workers´ Compensation Commission's decision is overturned on the overwhelming weight of the evidence based upon a claimant's drinking "dalliance" with a friend. [Gregory Tanner et al. v. Crest Foam Corp etc et al.], No. 25511 (Mo. App. S.D., February 19, 2004), Parrish, J. Full Summary and Other Cases

Other Areas of Law St. Louis Board of Police Commissioners and St. Louis City Police Officers were not state employees within the meaning of the state legal expense fund, section 105.716, for purposes of coverage for acts in official capacity. [Wayman Smith, III, et al., v. State of Missouri, et al.] No. 62579 (Mo. App. W.D., April 27, 2004), Smith, P.J. Full Summary and Other Cases