Courts Bulletin - 5-Jan
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Administrative Hearing Commission Medicaid Manual inapplicable because it is an unpublished rule. [Columbus Children's Hospital v. Department of Social Services], No. 03-2051 SP (November 10, 2004), Doughty, C. Full Summary and Other Cases

Administrative/Constitutional Law Agency decision moot on de novo review. [Baker v. Director of Revenue], No. 26161 (Mo. App. S.D., December 22, 2004), Rahmeyer, J. Full Summary and Other Cases

Civil Practice & Procedure Plaintiff not required to answer irrelevant interrogatories. [State ex rel. MacDonald v. Franklin], No. 26344 (Mo. App. S.D., November 23, 2004), Barney, J. Full Summary and Other Cases

Criminal Law Ineffective assistance of counsel for failure to object to prosecutor's improper rebuttal closing argument. [Peterson v. State], No. 63461 (Mo. App. W.D., November 23, 2004), Newton, P.J. Full Summary and Other Cases

Elder Law The use of the word "grantor" in a deed executed after the 1995 amendments to  461.025 renders the deed invalid, as the amended statute requires the express statement that the deed is not effective until the death of the "owner." [Pippin v Pippin], No. 26101 (Mo. App. S.D., December 2, 2004), Garrison, P.J. Full Summary and Other Cases

Family Law DCSE jurisdiction precluded by prior court order of child support. [Collor-Reed v. Ward], No. 83394 (Mo. App. E.D., November 23, 2004), Crandall, J. Full Summary and Other Cases

Juvenile Law Continuation of a permanency plan after a  210.720.1 permanency review hearing is not appealable under Chapters 210 or 211, and an order continuing a permanency plan is not a final judgment under  512.020. [In Interest of D.D.H.], No. 63759 (Mo. App. W.D., December 28, 2004), Howard, J. Full Summary and Other Cases

Local Government Pursuant to  513.617 and 82.1000, is a felony conviction related to forfeiture required before property can be forfeited by the government? [City of Springfield, Missouri v. Vincent Lee Gee and Peggy L. Gee], No. 26209 (Mo. App. S.D., November 30, 2004), Bates, C.J. Full Summary and Other Cases

Patent & Trademark Law and Unfair Competition Restrictive covenants not to compete after termination of employment are presumptively void and enforceable only to the extent they are demonstratively reasonable. [Victoria's Secret Stores, Inc. and Mark J. Weikel v. The May Department Stores Co.], No. 83916 (Mo. App. E.D., December 21, 2004), Crahan, J. Full Summary and Other Cases

Tort Law Statutory interest not allowed during time plaintiff contests adequacy of award. [Gomez v. Construction Design, Inc.], No. 64056 (Mo. App. S.D., November 30, 2004), Ulrich, J. Full Summary and Other Cases

Tort Law Repressed memory can prevent ascertainment of injury and, thus, forestall the running of statute of limitations. [Michael Powel, Appellant, v. Chaminade College Preparatory, Inc., and the Marianist Province of the United States, Respondents, and Archbishop Justin Rigali, William Christensen, and John J. Woulfe, Defendants], No. 84366 (Mo. App. E.D., May 31, 2005), Draper, C.J. Full Summary and Other Cases

Workers´ Compensation Did MEMIC have a duty to defend and indemnify a co-employee and defendant in a wrongful death suit under its Employers' Liability Insurance policy and provisions? [Missouri Employers Mutual Insurance Company v Lonnie Nichols and Lonnie Nichols Trucking and Excavating Company Inc. and Jade Nowlin], No. 63063 (Mo. App. W.D., November 30, 2004), Smith, C.J. Full Summary and Other Cases