Courts Bulletin - 5-Dec
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 [Habeas corpus] granted where probation revoked after the expiration of the probationary term. [Robert O. Saunders, Petitioner v. Michael Bowersox, Respondent], No. 27068 (Mo. App. S.D., November 15, 2005), Shrum, P.J. Full Summary and Other Cases

Elder Law The Centers for Medicare and Medicaid Services has announced the new Medicare premiums, deductibles, and co-payments. Full Summary and Other Cases

Family Law Limitations on mixing Uniform Interstate Family Support Act (UIFSA) action with custody issue. [Dawn M. Krasinski, a/k/a Dawn M. Peplinski, Appellant, v. Kirk A. Rose, Respondent], No. 86131 (Mo. App. E.D., November 1, 2005), Ahrens, J. Full Summary and Other Cases

Insurance Law Severance of personal injury claim and uninsured motorist (UM) claim held to be an abuse of discretion. [Hugh Bryan, Plaintiff/Appellant, Ruth Bryan, Plaintiff v. Joseph W. Peppers, and State Farm Mutual Automobile Insurance Company, Defendants/Respondents], No. 26338 (Mo. App. S.D., November 8, 2005), Bates, C.J. Full Summary and Other Cases

Labor Law - Federal United States Supreme Court holds pre-shift "waiting to don" time is not compensable, while all other donning and doffing time is compensable, under the Fair Labor Standards Act. [IBP, INC., Petitioner v. Gabriel Alvarez, all others similarly situated, et al.], 126 S. Ct 514 (2005). Full Summary and Other Cases

School Law and Higher Education Section 508.050 and Section 70.320 RSMo. provide alternative venues for claims against municipal corporations involving contracts. [Control Technology and Solutions, Plaintiff/Appellant v. Malden R-1 School District, Defendant/Respondent], No.85796 (Mo. App., E.D., October 4, 2005), Sullivan, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Sales Tax - Rental of inner tubes at a place of amusement is not subject to tax when tax is collected on the purchase of the inner tubes. [Six Flags Theme Parks, Inc., Respondent v. Director of Revenue, Appellant], No 86519 (Mo. banc, November 22, 2005), Price, Jr., J. Full Summary and Other Cases

Workers´ Compensation Is "offset" language in an uninsured motorist policy for workers' compensation benefits received to be treated as an "exclusion?" Who has the burden to show its application if it is an "exclusion?" [Raymond Powell and Renee Powell, Appellants, v. State Farm Mutual Automobile Insurance Company, Respondent], No. 64871 (Mo. App. W.D., October 18, 2005), Ulrich, J. Full Summary and Other Cases