Courts Bulletin - 5-Mar
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 Complaint provided sufficient notice to licensee. [Abdul Moheet, M.D., Appellant v. State Board of Registration for the Healing Arts, Respondent], No. 63543 (Mo. App. W.D., December 7, 2004), Smart, Jr., J. Full Summary and Other Cases

Administrative/Constitutional Law Separate standard for evaluating a casino violates constitutional provision against multiple subclasses. [Donna Snider, Assessor for Pemiscot County, Missouri, Appellant, v. Casino Aztar/Aztar Missouri Gaming Corp., Respondent], No. 86181 (Mo. banc, March 1, 2005), Wolff, J. Full Summary and Other Cases

Criminal Law Section 557.036, allowing for bifurcated jury trials in non-death cases, is constitutional. [State of Missouri, Respondent, v. Christy L. Jaco, Appellant], No. 85594, (Mo. banc, January 11, 2005), Limbaugh, J. Full Summary and Other Cases

Employee Benefits In order to preserve jurisdiction of the court to modify a dissolution decree, it is important to make a record that such decree is intended by the court and parties to be a qualified domestic relation order. [Mary Elizabeth Young, Appellant, v. Nelson Lee Young, Respondent], No. 64114 (Mo. App. W.D., January 18, 2005), Spinden, J. Full Summary and Other Cases

Insurance Law Ex-wife held not entitled to life insurance proceeds payable on death of ex-husband. [Mary Jill Gillespie, Appellant v. Estate of Michael G. McPherson, Respondent], No. 84110 (Mo. App. E.D., February 1, 2005), Dowd, J. Full Summary and Other Cases

Juvenile Law (1) Child protection order issued for longer than 180 days is not void, but valid for 180 days. (2) Appeal from expired order is not moot where a motion to renew is pending. (3) Sexual abuse necessarily results in emotional distress, and subjecting a child to further contact with the perpetrator creates a reasonable probability of further sexual abuse, thus a reasonable probability of further emotional abuse, thus supporting the issuance of a child protection order where the juvenile officer proceeds on the theory that mother is emotionally abusing the child by allowing continued contact with perpetrator father. [Juvenile Officer, Respondent, v. Stacy Warner, Appellant], No. 63885 (Mo. App. W.D., February 22, 2005), Ulrich, P.J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit gives split ruling to Wal-Mart on Labor Act violations. [Wal-Mart Stores, Inc. v. National Labor Relations Board], (Eighth Circuit, No. 03-3627, 03-3863, March 14, 2005). Full Summary and Other Cases

Local Government Does  139.031, RSMo. require that a written protest be filed concurrently with a payment of a license fee? Yes. A protest to a license fee is not timely unless it accompanies the payment. [Ford Motor Company, Respondent, v. City of Hazelwood, Appellant], No. 83669 (Mo. App. E.D., January 25, 2005), Cohen, P.J. Full Summary and Other Cases

Tort Law Innkeeper's duty to guest encompasses more than just the duty to rescue. [Jonathan Roy Stafford, Appellant, v. Drury Inns, Inc., Respondent], No. 84555 (Mo. App. E.D., February 15, 2005), Dowd, J. Full Summary and Other Cases

Workers´ Compensation Firefighters in Missouri do not have to show that their exposure to stress is extraordinary and unusual pursuant to  287.120 and 287.067. [Roy George, Respondent/Employee v. City of St. Louis, Appellant/Employer, and Treasurer of the State of Missouri, Custodian of the Second Injury Fund, Respondent], No. 84730 (Mo. App. E.D., January 25, 2005), Dowd, J. Full Summary and Other Cases