Courts Bulletin - 6-Apr
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/Constitutional Law Monetary benefit exception to litigation expenses statute discussed. Susan Hyde and Hilary Mason, Appellants, v. Department of Mental Health and Kay Green, Respondents, No. 65425 (Mo. App., W.D. March 14, 2006), Spinden J. Full Summary and Other Cases

Criminal Law Guilty plea might be unknowing where counsel failed to explain difference between "serious physical injury" and "physical injury" as element of assault. Robert L. Griffin, Jr., Appellant v. State of Missouri, Respondent, No. 85465 (Mo. App. E.D., March 7, 2006), Shaw, J. Full Summary and Other Cases

Family Law Responsibility for non-covered health care expenses for children. Tracy M. Atkinson, n/k/a Tracy M. Dinella, Appellant, v. Douglas Atkinson, Respondent, No. 86857 (Mo. App. E.D., March 7, 2006), Shaw, J. Full Summary and Other Cases

Insurance Law Alleged Workers' Compensation settlement "outside Workers' Compensation" with guaranty corporation held void. Gary Tague, Appellant v. Missouri Private Sector Individual Self-Insurers Guaranty Corporation, Respondent, No. 65777 (Mo. App. W.D., March 21, 2006), Ulrich, J. Full Summary and Other Cases

Juvenile Law (1) Trial court dismisses delinquency petition after finding forensic videotape inadmissible under Crawford v. Washington, 541 U.S. 36 (2004). (2) In delinquency cases, juvenile officer is not permitted to appeal from final judgments; juvenile officer is only permitted to take an interlocutory appeal where there has been an order suppressing evidence, a confession or an admission. In the Interest of R.B., No. 86979 (Mo. banc, March 21, 2006), Limbaugh, J. Full Summary and Other Cases

Labor Law An employment contract entered into by a state or local governmental body is only enforceable if its terms are clearly and affirmatively accepted by the body through the minutes of its governing body, pursuant to Section 432.060 RSMo. John C. Langlois, Plaintiff/Respondent v. Pemiscot Memorial Hospital, d/b/a Pemiscot Memorial Health Systems, Defendant/Appellant, No. 26851 (Mo. App. S.D., January 24, 2006), Garrison, J. Full Summary and Other Cases

Local Government Must a city employee exhaust all his administrative remedies before filing a claim in a circuit court if the city's hearing procedures are advisory only? Gene R. Kunzie, Appellant v. City of Olivette, Respondent, No. 87022 (Mo. banc February 28, 2006), Wolff, C.J. Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Financial Institutions Tax-Credit institution that elected to be treated as an "S corporation" is not entitled to credit for personal income taxes paid or corporate income taxes that it would have paid but for the "S" election. Midwest Acceptance Corporation, Appellant, v. Director of Revenue, Respondent, No. 86932 (Mo. banc, February 14, 2006), Russell, J. Full Summary and Other Cases

Tort Law Failing to restrict access to vehicle can raise inference of implied consent necessary for negligent entrustment claim. John Hallquist, Appellant v. Robert Smith and Susan Smith, Respondents, No. 86372 (Mo. App. E.D., March 7, 2006), Cohen, J. (Ahrens, J., dissenting in part). Full Summary and Other Cases