Courts Bulletin - 6-Jul
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 Director of Revenue's defective notice did not start time limitation running. Christopher L. Ingold s. Director of Revenue, No. 05-0067 RI (Mo. AHC, April 30, 2006), Winn, C. Full Summary and Other Cases

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

Bankruptcy Law Insurance company's claim for unpaid workers' compensation premiums was not entitled to priority status. Howard Delivery Service, Inc., et al. v. Zurich American Insurance Co., 126 S.Ct. 2105 (June 15, 2006), Ginsburg, J. Full Summary and Other Cases

Construction Law Absent evidence of subsidence on plaintiff's property, there is no cause of action for damages for the withdrawal of lateral support. Dean A. Lusardi, M.D., and Donna Lusardi, Plaintiffs/Respondents v. Kensington Building Corporation, Defendant/Appellant, No. 85063 (Mo. App. E.D., November 29, 2005), Hoff, P.J. Full Summary and Other Cases

Criminal Law Error to consider claims in untimely amended post-conviction motion. Anthony G. Rutherford, Movant-Appellant v. State of Missouri, Respondent, No. 27183 (Mo. App. S.D., June 5, 2006), Bates, C.J. Full Summary and Other Cases

Elder Law New Medicaid Numbers: Effective July 1, 2006, the new Missouri Minimum Monthly Maintenance Needs Allowance will be $1,650. (The previous figure was $1,604.)   The new shelter standard will be $495. (The previous figure was $481.) Full Summary and Other Cases

Environmental & Energy Law Chouteau Development Co., LLC, Appellant v. Sinclair Marketing, Inc., Respondent, Board of Trustees of Missouri Petroleum Storage Tank Insurance Fund, Defendant, No. 65660 (Mo. App. W.D., May 30, 2006), Holliger, J. Full Summary and Other Cases

Insurance Law Specialized equipment held not a motor vehicle as defined by uninsured motorist provisions of insurance policy. Claude Risher and Brenda Faye Risher, Appellants v. Farmers Insurance Company, Respondent, No. 86341 (Mo. App. E.D., June 13, 2006), Gaertner, Sr., P.J. Full Summary and Other Cases

Juvenile Law Trial judge is prohibited from ordering ex-husband to submit to genetic testing where previous divorce judgment found that ex-husband was not the father of child, where child was represented by a guardian ad litem (“GAL”) and where husband and wife agreed that husband was not the father. Failure to join the putative father did not deprive the court of jurisdiction but was merely reversible error which was waived. State of Missouri ex rel. Robert J. Conners, Relator v. Sara J. Miller and Honorable Cary Augustine, Respondents, No. 65748 (Mo. App. W.D., June 30, 2006), Lowenstein, J. Full Summary and Other Cases

Property Law Failure to identify land to be mined with reasonable certainty renders lease unenforceable. Doss & Harper Stone Co., Inc., Plaintiff-Respondent, v. Hoover Brothers Farms, Inc., Defendant-Appellant, No. 27006 (Mo. App. S.D., March 31, 2006), Shrum, P.J. Full Summary and Other Cases

Workers' Compensation Dismissal of co-employee negligence case reversed and remanded to the trial court to apply the correct standard. Jennifer Banks Arnwine, Appellant v. John M. Trebel, et al., Respondents. No. 65506 (Mo. App. W.D., June 30, 2006), Ellis, J. Full Summary and Other Cases