Courts Bulletin - 7-Dec
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 Live testimony found more credible than multi-layered hearsay documents. Director of Insurance, Petitioner v. Keith L. Monia, Respondent, No. 06-1376 DI (Mo. AHC, October 18, 2007), Doughty, C. Full Summary and Other Cases

Administrative Law Internet prescriptions are subject to statutory standards. William D. Thompson, M.D., Appellant v. State Board of Registration for the Healing Arts, Respondent, No. 89649 (Mo. App. E.D., November 27, 2007), Ahrens, J. Full Summary and Other Cases

Civil Practice and Procedure Sometimes a motion to set aside a default judgment is a post-trial motion, and sometimes it is not. Seth Paskon, M.D., Respondent, v. Clinton Wright, Appellant, No. 88729 (Mo. App. E.D., July 24, 2007), Draper, P.J. Full Summary and Other Cases

Commercial Law Lack of an adequate remedy at law is an essential element of a promissory estoppel claim. Neal S. Clevenger and Mitsue I. Clevenger, Respondents v. Oliver Insurance Agency, Inc., Appellant, No. 88325 (Mo. banc, October 30, 2007), per curiam. (See Labor Law) Full Summary and Other Cases

Constitutional Law Court strikes statute that allowed evidence of past crimes as evidence of propensity. State of Missouri, Respondent v. Donald J. Ellison, Appellant, No. 88468 (Mo. banc, December 4, 2007), Wolff, J. Full Summary and Other Cases

Criminal Law No ineffective assistance of counsel for failure to object to victim's testifying where she was not facing the defendant. Jerry Guese, Movant/Appellant v. State of Missouri, Respondent/Respondent, No. 28240 (Mo. App. S.D., November 26, 2007), Rahmeyer, J. Full Summary and Other Cases

Family Law Judicial estoppel issue in dissolution of marriage. Deanna Daughhetee Vinson, Appellant v. Ray Vinson, Jr., Respondent, No. 88702 (Mo. App. E.D., November 13, 2007), Richter, P.J. Full Summary and Other Cases

Health and Hospital Law Medicaid reimbursement calculation must be promulgated as a rule. Department of Social Services, Division of Medical Services, Appellant v. Little Hills Healthcare, L.L.C., d/b/a Centerpointe Hospital, Respondent, No. 88430 (Mo. banc, October 30, 2007), Russell, J. Full Summary and Other Cases

Insurance Law Insurance agent held to have a duty to obtain similar coverage in renewal policy or to advise insured of unavailability of such coverage. John Haynes, Jr., and Troost wood Banquet Hall, Respondents v. Ray Edgerson d/b/a/ Ray Edgerson Insurance Agency, Inc., Ray Edgerson Insurance Agency, Inc. and Ray Edgerson, Individually, Appellants, No. 66532 (Mo. banc, November 6, 2007), Newton, P.J. Full Summary and Other Cases

Labor Law Court of appeals is bound by the Labor and Industrial Relations Commission's factual determinations, but it reviews determinations of law de novo. Summer Miller, Appellant v. Nucrown, Inc. and Division of Employment Security, Respondents, No. 67355 (Mo. App. W.D., November 20, 2007), Hardwick, J. Full Summary and Other Cases

Tort Law Tort reform venue statute trumps venue statute regarding municipal corporations. State of Missouri ex rel. City of Jennings, Missouri, Relator v. The Honorable John J. Riley, Respondent, No. 88464 (Mo. banc, October 30, 2007), Limbaugh, J. Full Summary and Other Cases