Courts Bulletin - 5-May
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 Licensees are precluded from contesting guilt on charges to which they plead guilty plea under regulation. Opinion does not discuss scope of pleadings, issue preclusion without final judgment, or statutory authority for regulation. [Missouri Department of Public Safety, Appellant v. Alan E. Dameron, Respondent], No. 64373 (Mo. App., W.D., May 10, 2005), Newton, P.J. Full Summary and Other Cases

Administrative/Constitutional Law Only published rules are subject to specific declaratory judgment statute. [United Pharmacal Company of Missouri Inc., Respondent v. Missouri Board of Pharmacy, Appellant], No. 86104 (Mo. banc, April 5, 2005), Price, J. Full Summary and Other Cases

Criminal Law Disjunctive submission in verdict was not plain error where evidence was overwhelming as to the means of perpetration of the crime. [State of Missouri, Respondent v. Lankford Haynes, Appellant], No. 63887 (Mo. App. W.D., April 5, 2005), Holliger, J. Full Summary and Other Cases

Elder Law UPDATE: The minimum monthly maintenance needs allowance (MMMNA) will change from $1,562 to $1,604 on July 1, 2005. This figure changes July 1 of each year, but the Maximum Monthly Maintenance Needs Allowance and the Community Spouse Resource Allowance (CSRA) change on January 1 of each year. Full Summary and Other Cases

Family Law Custody jurisdiction separate from Uniform Interstate Family Support Act (UIFSA) claim. [State of Missouri ex rel. Department of Social Services, Division of Child Support Enforcement, and Khaleb Lee Holder, by Karen Louise Salmon as next friend, and Karen Louise Salmon, Relator v. The Honorable Stephen Hudson, Associate Circuit Judge, Third Circuit of Grundy County, Respondent], No. 64345 (Mo. App. S.D., March 29, 2005), Smart, J. Full Summary and Other Cases

Insurance Law Defendant not entitled to credit for underinsured benefits paid plaintiff. [Joshua F. Smith, Respondent, v. Charles G. Shaw, Appellant], No. 86292 (Mo. banc, April 12, 2005), Russell, J. Full Summary and Other Cases

Juvenile Law (1) Service of summons in a TPR may be made upon a person at his usual place of abode by serving a person in the family over fifteen years of age; (2) Once father was in default, the trial court was not obligated to notify father of the subsequent trial date; (3) Even assuming the court was required to give father notice of the trial date, subsequent documents may be mailed and the juvenile officer's affidavit showed that two letters were mailed to father notifying father of the trial date. [In the Interest of H.L.L., a child under seventeen years of age. T.L., Appellant, v. Greene County Juvenile Office, Respondent], SD26390 (Mo. App. S.D., April 8, 2005), Bates, C.J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit Holds ADEA Release Language to be Ambiguous and Unenforceable. [Dale J. Thomforde, Appellant v. International Business Machines Corporation, Appellee], 04-1538 (May 3, 2005). Full Summary and Other Cases

Probate & Trust The trial court may remove a personal representative whose appointment is void or illegal. Section 473.140 RSMo 2004 is not an exclusive list of reasons for removal. The appointment of an administrator based upon false information brings up this innate power. [Maxine Albertson, Respondent, v. Jacqueline Cox, Appellant], No. 63238 (Mo. App. W.D., December 21, 2004), Lowenstein, J. Full Summary and Other Cases

Property Law Duty owed invitees by innkeeper to make premises safe is broader than duty owed by business generally. [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