Courts Bulletin - 6-Jun
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 NOTE: The opinion in Susan Hyde and Hilary Mason, Appellants v. Department of Mental Health and Kay Green, Respondents, No. 65425 (Mo. App. W.D., March 14, 2006), previously reviewed in the April Courts Bulletin, has been withdrawn. Full Summary and Other Cases

Bankruptcy Law Criminal behavior by claimant was sufficient to warrant equitable subordination of administrative expense claim for rent. In re Racing Services, Inc., Debtor, No. 05-6052 N.D. (B.A.P. 8th Cir., April 4, 2006), Schermer, J. Full Summary and Other Cases

Criminal Law Death penalty appropriate for post-conviction movant who failed to prove mental retardation. Paul T. Goodwin, Appellant, v. State of Missouri, Respondent, No. 86278 (Mo. banc, May 2, 2006), Price, J. Full Summary and Other Cases

Elder Law The Department of Social Services was not allowed to impose an additional requirement that a Medicaid applicant reside in a Medicaid-certified bed, as that requirement is not a part of the federal regulations. Lillian Gee v. Department of Social Services, Family Support Division, No. 65693 (Mo. App. W.D., March 21, 2006), Howard, J. Full Summary and Other Cases

Family Law Insufficient pleadings for modification. Denise Joan (Surface) Derks, Respondent v. Craig Steven Surface, Appellant, No. 64735 (Mo. App. W.D., May 2, 2006), Smith, C.J. Full Summary and Other Cases

Health & Hospital Law The Western District Court of Appeals reversed the circuit court's declaratory judgment decision in a recent Board of Healing Arts case. Luis Tumialan, M.D., Respondent, v. State Board of Registration for the Healing Arts, Appellant, No. 65950 (Mo. App. W.D., May 2, 2006), Newton, J. Full Summary and Other Cases

Insurance Law Temporary employee did not have to be furnished by a third party in order to be covered by employer's auto liability insurance policy. American Family Mutual Insurance Company, Plaintiff/Respondent v. As One, Inc., a/k/a/ As-1, Inc., Defendant and James Stepp, Defendant/Appellant, No. 26906 (Mo. App. S.D., April 24, 2006), Rahmeyer, P.J. Full Summary and Other Cases

Juvenile Law Father who received actual notice of a hearing and failed to appear waived due process claim by subsequently participating in litigation for 28 months before raising the issue. In the Interest of C.J.G., C.B.G., Appellant v. Missouri Department of Social Services, Children's Division, and C.W., Respondents, J.S. and F.S., Intervenors/Respondents, No. 27040 (Mo. App. S.D., March 30, 2006), Shrum, P.J. Full Summary and Other Cases

Local Government Sewer district did not breach memorandum of understanding (MOU) with service employee union because MOU was not a binding collective bargaining agreement under § 105.520, RSMo. Donald Rudd, et al., Appellant v. Metropolitan St. Louis Sewer District, Respondent, No. 86648 (Mo. App. E. D., May 9, 2006), Romines, J. Full Summary and Other Cases

Property Law If assignment of lease requires landlord's consent, then so does assignment of right of first refusal. Megargel Willbrand & Company, L.L.C., Plaintiff/Appellant v. Fampat Ltd. Partnership, Defendant/Respondent And Union Planters Bank, Defendant, No. 86570 (Mo. App. E.D., April 11, 2006). Full Summary and Other Cases

Missouri Taxation Law & Practice Deskbook Update Use tax — Coffee equipment provided at no cost to customers was exempt from tax as a purchase for resale because it was included in the purchase price of coffee. Ronnoco Coffee Company, Inc., Respondent, v. Director of Revenue, Appellant (consolidated with) Rose Coffee Company, Inc., Respondent, v. Director of Revenue, Appellant (consolidated with) Ronnoco Coffee Company, Inc., Respondent, v. Director of Revenue, Appellant, Nos. 86724, 86725 and 86912 (Mo. banc., February 14, 2006), Russell, J. Full Summary and Other Cases

Tort Law “Firefighter's rule” applied to police officer who, while investigating an accident scene, was struck by drunk driver. John Hallquist, Appellant, v. Keith Midden, Respondent, No. 86836 (Mo. App. E.D., May 23, 2006) Draper, J. Full Summary and Other Cases

Workers' Compensation When a final award “reverses” a prior temporary award, must the change be supported by substantially different or additional evidence? Cheryl Jennings, Appellant v. Station Casino St. Charles, and Missouri State Treasurer, Custodian of the Second Injury Fund, Respondents, No. 86771 (Mo. App. E.D., April 25, 2006), Dowd Jr., J. Full Summary and Other Cases