Courts Bulletin - 5-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 Hearing Commission Taxpayer qualifies for civic and charitable exemptions. [Missouri Storytelling, Inc., Petitioner v. Director of Revenue, Respondent], No. 04-0284 RS (Mo. Admin. Hearing Comm'n, Mar. 2, 2005), Kopp, C. Full Summary and Other Cases

Administrative/Constitutional Law Missouri Constitution provides circuit courts with no jurisdiction over agencies. [State of Missouri ex rel. A&G Commercial Trucking, Inc., Respondent, v. Director of the Manufactured Housing and Modular Units Program of the Public Service Commission, and the Missouri Public Service Commission, Appellants], No. WD64472 (Mo. App. W.D., June 7, 2005), Holliger, J. Full Summary and Other Cases

Criminal Law Allegation of improper sexual touching of person other than victim should not have been admitted. [State of Missouri, Respondent, v. Steven Eugene Johnson, Appellant], No. 26301 (Mo. App., S.D., May 16, 2005), Barney, J. Full Summary and Other Cases

Family Law Discharge of debt in bankruptcy not necessarily dispositive if debt is non-dischargeable. [Judith Ann Burns, Appellant v. John Thomas Burns, Respondent], No. 83917 (Mo. App. E.D., May 17, 2005), Norton, J. Full Summary and Other Cases

Insurance Law Auto liability insurer held to have a fiduciary relationship with its insured and therefore potentially liable for breach of fiduciary duty in failing to provide insured copies of claim file. [Charles I. Grewell, et al., Appellants v. State Farm Mutual Automobile Insurance Company and Neressa L. Wilkins, Respondents], No 64077 (Mo. App. W.D., May 17, 2005), Hardwick, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit upholds NLRB ruling permitting discharge of nurses who began strike late. [Minnesota Licensed Practical Nurses Association, Petitioner v. National Labor Relations Board, Respondent], 03-3306 (8th Cir. 2005, May 11, 2005). Full Summary and Other Cases

Local Government County set-back regulation of solid waste transfer station constituted a zoning ordinance and required procedural formalities for valid enactment. [F.W. Disposal South, LLC, Respondent v. St. Louis County, Appellant], No. 84765 (Mo. App. E.D., May 24, 2005), Norton, J. Full Summary and Other Cases

Tort Law In products liability, evidence of prior injuries from the product is admissible if the accidents are of like character, occur under substantially the same circumstances, and result from the same cause. [Joel Stokes, Appellant, v. National Presto Industries, Inc., Respondent], No. 64182 (Mo. App. W.D., April 12, 2005), Spinden, P.J. Full Summary and Other Cases

Workers´ Compensation Can an employer be held responsible for unauthorized medical treatment as part of an enforcement proceeding based upon a final award that included future medical care? [Claudette Taylor, Respondent v. St. John's Regional Health Center, Appellant], No. 26233 (Mo. App. S.D., March 30, 2005), Prewitt, J. Full Summary and Other Cases