Courts Bulletin - 7-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 Hearing Commission Taking a license examination before finishing a license class is a violation of the real estate statutes. Lina Galinurova v. Missouri Real Estate Commission, No. 06-1422 RE (Mo. AHC, April 30, 2007), Kopp, C. Full Summary and Other Cases

Administrative/Constitutional Law Credit for professional athlete's employer is constitutional. Steven Dubinsky, Employee/Appellant v. St. Louis Blues Hockey Club, Employee/Respondent, No. 88767 (Mo. App. E.D., May 1, 2007), Ahrens, P.J. Full Summary and Other Cases

Bankruptcy Law “Hanging paragraph” of §1325(a) of new Bankruptcy Code extinguishes “910-creditor's” deficiency claim after liquidation of vehicle debtors surrendered pursuant to their Chapter 13 plan. In re Osborn (Capital One Auto Finance, Plaintiff-Appellant, v. Nathan L. Osborn and Catherine C. Osborn, Defendants-Appellees), No. 06-6061WM (8th Cir. BAP, February 23, 2007), Mahoney, J. Full Summary and Other Cases

Civil Practice & Procedure “Cause of Action” in the new tort venue statute means “a group of operative facts giving rise to one or more bases for suing.” State ex rel. Rowe Burns, Relator v. The Honorable Carylyn C. Whittington, Respondent, No. 87962 (Mo. banc, April 17, 2007), Teitelman, J. Full Summary and Other Cases

Criminal Law Ineffective assistance of appellate counsel claim requires proof at evidentiary hearing. Charles D. Cole, Movant/Appellant v. State of Missouri, Respondent/Respondent, No. 27954 (Mo. App. S.D., May 31, 2007), Bates, C.J. Full Summary and Other Cases

Employee Benefits Hancock Amendment is not violated where city is required to pay to police/fire pension plans amounts certified by plan's actuary even though amounts exceed amounts paid by city in 1981. Thomas G. Neske, et al., Respondents v. City of St. Louis, et al., Appellants. (consolidated with) Firemen's Retirement System, et al., Respondents v. City of St. Louis, et al., Appellants, Nos. 87976 and 87977 (Mo. banc, March 13, 2007), Russell, J. Full Summary and Other Cases

Family Law Evidence of abuse of a party must be allowed in child custody proceeding. KRP, a Minor by her Next Friend, Gleanice Brown, and Gleanice Brown, Individually, Respondent, v. Curtis Penyweit, Appellant, No. 66003 (Mo. App. W.D., April 24, 2007), Smith, J. Full Summary and Other Cases

Insurance Law Second suit seeking uninsured motorist benefits not barred by first suit in which insurer had prevailed. Nicole R. Kesterson and Philip M. Kesterson, Appellants v. State Farm Fire & Casualty Company and State Farm Mutual Automobile Insurance Company, Respondents, No. 66348 (Mo. App. W.D., May 9, 2007), Smith, J. Full Summary and Other Cases

Labor Law Plaintiff adequately established a factual dispute that employer's reasons for selecting her for reduction in force was pretextual for race discrimination, requiring reversal of summary judgment by trial court. Gail M. Simpson v. Aquila, Inc., Docket No. WD67273 (Mo. App. W.D., April 24, 2007), Ulrich, P.J. Full Summary and Other Cases

Labor Law - Federal A rotating shift schedule is an essential part of a warehouse technician job; and refusal to accommodate a disabled employee by providing a straight shift is not disability discrimination. Murray Rehrs, Appellant, v. The IAMS Company; Procter and Gamble, Inc., Appellees, No. 06-1609 (8th Cir., May 15, 2007), Riley, C.J. Full Summary and Other Cases

Local Government Utility company required to relocate its facilities within municipal right-of-way, at its costs, when required for public purpose. City of Bridgeton, Appellant, v. Missouri-American Water Co., Respondent, No. 87744 (Mo. banc, April 17, 2007), Price, J. Full Summary and Other Cases

Tort Law “Expert” testimony by civil engineer on the legal meaning of terms in an unambiguous contract was reversible error. Union Electric Co., d/b/a Ameren UE, Respondent v. Metropolitan St. Louis Sewer District, Appellant, No. 88123 (Mo. App. E.D., May 9, 2007), Romines, J.   A construction worker was injured when the crane he was working on came into contact with overhead power lines on a sewer district project. After a series of settlements between the injured worker and the power company, the sewer district, and the crane manufacturer, the power company sought contribution from the sewer district under the Overhead Power Lines Safety Act. At trial, the power company asked its expert, a civil engineer, about the meaning of certain terms in the contract between the sewer district and the construction company. After a verdict requiring it to pay 75% contribution to the power company, the sewer district appealed. Full Summary and Other Cases