Courts Bulletin - 6-Aug
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 Agency interpretation of law reversed. State of Missouri, ex rel., Paul E. Barnett, Respondent v. Missouri State Lottery Commission, Appellant, No. 65788 (Mo. App. W.D., July 18, 2006), Spinden, J. Full Summary and Other Cases

Criminal Law Admission of lab report did not violate “Confrontation Clause.” State of Missouri, Plaintiff-Respondent v. Robert D. March, Defendant-Appellant., No. 27102 (Mo. App. S.D., June 30, 2006), Garrison, J. Full Summary and Other Cases

Employee Benefits Separation agreement and general release was found to extinguish employer's right under collateral assignment of “split dollar” life insurance to proceeds from such policy. Louis N. Goldring, et al., Respondents v. Franklin Equity Leasing Co., Appellant, No. 87004, (Mo. App. E.D., June 30, 2006), Shaw, J. Full Summary and Other Cases

Family Law Modification of child support when original decree ordered no support. Kevin L. Selby, Respondent v. Sheila L. Smith, formerly Sheila L. Selby, Appellant, No. 27438 (Mo. App. S.D., June 20, 2006), per curiam Full Summary and Other Cases

Insurance Law Underinsured coverage held ambiguous and therefore should be stacked without setoff. American Family Mutual Insurance Co., Appellant v. John Ragsdale and Donna Ragsdale, Respondents, No. 65700 (Mo. App. W.D., July 11, 2006) Lowenstein, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds lateral transfer requiring sales account manager's relocation was not adverse employment action. Bethany Reynolds, Appellant v. Ethicon Endo-Surgery, Inc.; Dave Burns, Appellees, 05-3534 (July 21, 2006), Schreier, C.J. (454 F.3d 868) Full Summary and Other Cases

Local Government Employee's official immunity does not shield employer from liability. Lee Davis, Respondent v. Lambert-St. Louis International Airport and William Powell, Appellants, No. 87138 (Mo. banc, June 13, 2006), Wolff, C.J. Full Summary and Other Cases

Medical Malpractice An in-house health service for employees of Boeing is not protected by the Workers' Compensation Act. Sam Bradford and Mollie Bradford, Plaintiffs/Respondents, v. BJC Corporate Health Services d/b/a BarnesCare, a Corporation, Defendant/Appellant, No. 86339 (Mo. App. E.D., June 27, 2006), Ahrens, J. Full Summary and Other Cases

Property Law Release in satisfaction demand pursuant to § 443.130, RSMo held timely and valid. Thomas G. Berndsen and Linda L. Berndsen, Respondents v. Flagstar Bank, FSB, Appellant, No. 86875 (Mo. App. E.D., June 20, 2006), Dowd, Jr., J. Full Summary and Other Cases

Tort Law School owed no duty to supervise student driving to an off-campus, extracurricular activity in his own car. Theresa Davis, et al., Appellants v. Lutheran South High School Association of St. Louis, et al., Respondents, No. 86449 (Mo. App. E.D., June 27, 2006), Shaw, J. Full Summary and Other Cases

Workers' Compensation Does an action for discrimination against an employer require that the underlying pursuit of workers' compensation benefits be against the same employer? Donnell Hayes, Appellant v. Show Me Believers, Inc., Respondent, No. 87264 (Mo. banc, May 30, 2006), Teitelman, J. Full Summary and Other Cases