Courts Bulletin - 4-Nov
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

Criminal Law Where defendant detained and interrogated on matters unrelated to traffic stop, evidence should have been excluded. [State v. Maginnis], No. 62896 (Mo. App., W.D., September 28, 2004), per curiam. Full Summary and Other Cases

Employee Benefits City matching contributions to an Internal Revenue Code section 457 plan are not "compensation" for purposes of determining City's contribution to Missouri's Local Government Employees Retirement System ("LAGERS"). [Bauer v. City of Grandview], No. 63037 (Mo. App. W.D., July 20, 2004), Howard, J. Full Summary and Other Cases

Family Law Departure from appellate mandate erroneous. [Lagerman v. Lagerman], No. 83981 (Mo. App. E.D., September 28, 2004), Per Curiam. Full Summary and Other Cases

Health & Hospital Law Certificate of need list of "new institutional health services" held disjunctive. [McKnight Place Extended Care, L.L.C. v. Mo. Health Facilities Review Committee], No. 63410 (Mo. App. W.D., September 7, 2004), Howard, J. Full Summary and Other Cases

Juvenile Law (1) Where a newborn is taken into custody because mother has failed to obtain prenatal care, was homeless, suffered from mental illness and was resistant to treatment, and where, in four years of the child being in alternative care, mother fails to comply with the written service agreement, fails to complete treatment programs and fails to cooperate with DFS, termination of parental rights for failure to rectify is supported by substantial evidence. (2) Termination is in the best interests of the child where the child lacks emotional ties to mother, where there is a lack of regular visitation and contact by mother, where mother does not pay child support and where mother is disinterested in and lacks commitment to the child, and where additional services will not allow reunification. [In Interest of N.L.B.], No. 25533 (Mo. App. S.D., October 14, 2004), Barney, J. Full Summary and Other Cases

Labor Law - Federal Employee asserting "regarded as" claim must show he was qualified to perform essential functions of position without reasonable accommodation. [Bishop v. Nu-Way Service Stations, Inc.], E.D. Mo., No. 4:02CV1814, September 23, 2004), Hamilton, J. Full Summary and Other Cases

Medical Malpractice If one member of the permissible class of plaintiffs brings a wrongful death suit within the statute of limitations and suffers non-suit, then another member of the class re-files within the savings statute, the second suit is not barred by the statute of limitations. [Denton v. Soonattrukal, M.D.], Nos. 25824 and 26072 (Mo. App. S.D., October 15, 2004), Barney, J. Full Summary and Other Cases

Workers´ Compensation Does an ALJ have the authority to strike pleadings and more specifically an affirmative defense of a carrier denying coverage, based upon a failure to comply with producing a witness for deposition? [Larry Brewer v Republic Drywall, et al.], No. 25936 (Mo. App. S.D., October 6, 2004), Barney, J. Full Summary and Other Cases