Courts Bulletin - 7-Mar
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 Administrative Hearing Commission has no jurisdiction to determine violations of license probation conditions unless the statutes so provide. Tammy Brenner, Petitioner vs. State Board of Nursing, Respondent, No. 06-1689 BN (Mo. AHC, January 26, 2007), Kopp, C. Full Summary and Other Cases

Administrative/Constitutional Law State agency need not publish, as a regulation, the formula that it generally applied to all Medicaid providers. If the state agency changes such formula every year and never writes it down, that formula is not a rule. Agency must decide a contested case by determining whether the decision under review was an abuse of discretion. Department of Social Services, Division of Medical Services, Appellant v. Little Hills Healthcare, L.L.C., d/b/a Centerpointe Hospital, Respondent, No. 66879 (Mo. App. W.D., February 20, 2007), Ulrich, J. Full Summary and Other Cases

Civil Practice and Procedure A legal marriage is required for a court to have subject matter jurisdiction over dissolution of the marriage. Harry Fred Sutphin, Jr., Respondent v. Cathy Lynne Renick, Appellant, No. 87644 (Mo. App. E.D., January 16, 2007), Gaertner, Sr., J. Full Summary and Other Cases

Criminal Law Admission of videotaped deposition of unavailable witness did not violate confrontation clause. State of Missouri, Plaintiff-Respondent v. Xavier V. Artis, Defendant-Appellant, No. 27128 (Mo. App., S.D., February 27, 2007), Garrison, J. Full Summary and Other Cases

Insurance Law Underinsured policy provisions held ambiguous and coverage therefore applicable. Tamara Seeck, Appellant v. Geico General Insurance Co., Respondent, No. 87995 (Mo. banc, January 30, 2007), Stith, J. Full Summary and Other Cases

Labor Law Declining offer to submit resume for potential employment does not constitute the rejection of an offer of suitable work precluding receipt of unemployment benefits. Mary Garas, Appellant v. Kelly Services, Inc. and Division of Employment Security, Respondents, No. 88333 (Mo. App. E.D., January 9, 2007), Dowd, Jr., J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms district court's decision on failure to promote claim because of employer's inconsistencies. Pamela Allen, Appellee v. Tobacco Superstore , Inc.; Hek, Inc., Appellants, Nos. 05-3414 and 05-3884 (8th Cir., February 2, 2007), Riley, C.J. Full Summary and Other Cases

Local Government Municipalities may only be sued in the counties in which they are located. State ex rel. City of Jennings v. Riley, No. 88881 (Mo. App. E.D.., March 6, 2007), Ahrens, P.J. Full Summary and Other Cases

Property Law Lease with Option construed as long-term contract for deed. Jessica Kristin Lee, et al., Appellants v. Fred Bass, et ux, Respondents, No. 65429 (Mo. App. W.D., February 20, 2007, Smart, J. Full Summary and Other Cases

Tort Law Independent contractors who sold insurance for state farm on an exclusive basis could be discharged without liability where the agreement gave state farm the right to terminate without cause. Joseph J. Kelly, et al., Respondents, v. State Farm Mutual Automobile Insurance Co., et al., Appellants, No. 66408 (Mo. App. W.D., February 23, 2007), Ellis, J. Full Summary and Other Cases

Workers' Compensation What deference is to be afforded the Commission on the weight and credibility of witnesses? Marian Knisley, Appellant v Charleswood Corporation and Treasurer of Missouri as Custodian of the Second Injury Fund, Respondents, No. 87605 (Mo. App. E.D., January 16, 2007), Cohen, J. Full Summary and Other Cases