Courts Bulletin - 6-Feb
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

Criminal Law Four counts of armed criminal action as charged violated double jeopardy. [Leontae C. Hill, Appellant, v. State of Missouri, Respondent], No. 64874 (Mo. App., W.D., January 17, 2006), Ulrich, P.J. Full Summary and Other Cases

Elder Law The Deficit Reduction Act of 2005 ("DRA") was passed in early February, 2006. Full Summary and Other Cases

Insurance Law Auto insurer's cancellation of liability policy held effective after required ten-day notice period. [Albert J. Stone and Tammy Stone, in their capacity as assignees of Arlene M. Bateman, Plaintiffs-Appellants/ Cross-Respondents v. Farm Bureau Town & Country Insurance Company of Missouri, a Missouri Corporation, Defendant-Respondent/Cross-Appellant], Nos. 26965 and 26979 (Mo. App. S.D., December 30, 2005), Bates, C.J. Full Summary and Other Cases

Juvenile Law Sufficient evidence supports termination of parental rights for abandonment and neglect in a Chapter 453 adoption where mother's continued attachment to the violent and abusive father contributes to the child remaining in alternative care for 30 months. [In Re The Adoption of B.D.W., a minor], No. 27007 (Mo. App. S.D., January 31, 2006), Rahmeyer, P.J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit holds auto parts handler's tendonitis and resulting lifting restriction did not substantially limit major life activity of working. [Steven Nuzum, Sr., Plaintiff-Appellant v. Ozark Automotive Distributors, Inc., doing business as O'Reilly Auto Parts, Defendant-Appellee], No. 04-2850 (8th Cir., December 27, 2005), John R. Gibson, Cir. J. Full Summary and Other Cases

Public Service Commission The Public Service Commission was correct in determining that the local exchange companies' proposed access tariffs were unlawful. [State ex rel. Alma Telephone Company, et al., Respondents, v. Public Service Commission of the State of Missouri, Appellant; State ex rel. BPS Telephone Company, et al., Respondents, AT&T Wireless Services, Inc., et al., Appellants], No. 86529, (Mo. banc, January 10, 2006), Limbaugh, Jr., J. Full Summary and Other Cases

Tort Law Evidence of prior incidents was inadmissible because of the lack of similarity between the fact situations and therefore plaintiff did not make a submissible case. [Randall D. Peters, Personal Representative Of The Estate Of Constance Marie Peters, Deceased, Respondent v. General Motors Corporation; Appellant, Moffett's Auto Works, Inc., Defendant], No. 62807 (Mo. App. W.D., January 17, 2006), Ulrich, J. Full Summary and Other Cases

Workers´ Compensation Is there another limitation on the right to appeal a temporary award if it is denoted a "partial" final award by the Commission? [State of Missouri, ex rel. Curators of the University of Missouri and Alan M. Luger, M.D., Relators, v. Honorable Kelly J. Moorhouse, Respondent], No. 85453 (Mo. App. E.D., November 1, 2005), Mooney, P.J. Full Summary and Other Cases