Courts Bulletin - 5-Nov
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 To prove a charge of which alcohol content is an element requires proof of alcohol content. [Jay T. Nguyen, d/b/a J & N Market v. Supervisor of Liquor Control], Case No. 04-0487 LC (Mo. AHC, September 28, 2005), Doughty C. Full Summary and Other Cases

Administrative/Constitutional Law Sunshine Law's trade secrets provision construed. [American Family Mutual Insurance Company, et al., Respondents v. The Missouri Department of Insurance, et al., Defendants, Legal Aid of Western Missouri, Appellant], No. 64460 (Mo. App. W.D., September 6, 2005), Ellis J. Full Summary and Other Cases

Commercial Law [Rodney and Diane Glass, Respondents, v. First National Bank of St. Louis, Appellant], No. 84118 (Mo. App. E.D., September 13, 2005), Dowd, Jr., J. Full Summary and Other Cases

Criminal Law Defendant should have been allowed to testify at the penalty phase of his non-capital jury trial. [State of Missouri, Respondent v. Jerimiah Edwards, Appellant], No. 84227 (Mo. App. E.D., October 11, 2005), Draper, III, J. Full Summary and Other Cases

Elder Law The court did have jurisdiction over respondent despite items lacking in petition for guardian and conservator, despite service not personally served and despite appellants' claims of respondent's proper domicile. [In the Matter of Mildred Ruth Duvall, Missouri Department of Health and Senior Services, and Glenda L. Winkler, Public Administrator of Randolph County, Missouri, Respondents v. D. Lynn Duvall and Norman Staley, Appellants], No. 64464 (Mo. App. W.D., September 27, 2005), Ellis, J. Full Summary and Other Cases

Family Law Extrinsic fraud/intrinsic fraud. [State of Missouri ex rel. Misty Lowry, Appellant v. Richard K. Carter, Respondent Pro Se], No. 64759 (Mo. App. W.D., October 4, 2005), Holliger, P.J. Full Summary and Other Cases

Insurance Law One of two insurers covering an insured loss is liable for entire claim, with right to contribution from other insurer. [Heartland Payment Systems, L.L.C., Respondent v. Utica Mutual Insurance Company, Appellant], No. 84636 (Mo. App. E.D., October 11, 2005), Mooney, J. Full Summary and Other Cases

Juvenile Law Where a juvenile officer removes children, some with [ex parte] orders and some without orders, without reasonable cause to believe that the removed child is in imminent danger of suffering serious physical harm or threat to life, or that the child has been sexually abused or is in imminent danger of sexual abuse, the juvenile officer violates the rights of the removed children pursuant to the Fourth Amendment (the caretaker has "organizational standing" to bring the claim), as well as the substantive and procedural due process rights of the caretaker under the Fourteenth Amendment and the caretaker's First Amendment rights of association, any one of which said violations entitles the caretaker to a permanent injunction and judgment against the juvenile officer both in his official and his individual capacities, for violation of civil rights under 42 U.S.C. Section 1983. [Heartland Academy Community Church, et al. v. Waddle, et al.], No. 04-2474 (8th Cir., October 14, 2005), Bowman, C.J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds no evidence of bias in employer's enforcement of internal testing deadlines. [Patricia Grabovac, Appellant v. Allstate Insurance Company, Appellee], No. 04-3637 (8th Cir., October 14, 2005), McMillan, C.J. Full Summary and Other Cases

Local Government Does a fourth class city require a vote of the citizens before deciding whether to pass revenue bonds to enhance the electric service of its utility customers? [StopAquila.Org, etc., et al. v. City of Peculiar, Missouri], No. 65000 (Mo. App. W.D., October 4, 2005), Newton, J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Income Tax - Consolidated return election not permitted after due date. [Kidde America, Inc and Subsidiaries v. Director of Revenue], No. 05-0083 RI (Mo. AHC, September 22, 2005), Winn, C. Full Summary and Other Cases

Tort Law Official immunity is personal and does not inure to employer. [Lee Davis, Respondent, v. Lambert-St Louis International Airport and William Powell, Appellants], No. 85007 (Mo. App. E.D., September 20, 2005), Norton, J. (Ahrens, J. concurring in result). Full Summary and Other Cases