Courts Bulletin - 7-Oct
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 Psychologist's treatment of multiple personality disorder was cause for discipline. State Committee of Psychologists v. Robert Fiebiger, No. 06-0205 PS (Mo. AHC, August 23, 2007), Doughty, C. Full Summary and Other Cases

Administrative Law Written findings of fact and conclusions of law are required in every contested case, including the defeat of a proposal where no majority decision exists. Complete Auto Body & Repair, Inc., Plaintiff/Appellant v. St. Louis County, Missouri, Charlie A. Dooley, Hazel Erby, Kathleen Burkett, and Mike O'Mara, Defendants/Respondents, No. 89331 (Mo. App. E.D., September 18, 2007), Crane, P. J. (See also: Local Government Law) Full Summary and Other Cases

Commercial Law Subcontractor may bring action for tort or contract separate from other parties' action on mechanic's liens. George Weis Company, Appellant v. Stratum Design-Build, Inc., et al., Respondents, No. 88194 (Mo. banc, July 6, 2007), Stith, J. Full Summary and Other Cases

Constitutional Law Right of access to courts does not include right to be present at trial. In the Matter of M.A.F., by and through her Next Friend, Erica Brandon, No. 28299 (Mo. App. S.D. September 6, 2007), Rahmeyer, J. Full Summary and Other Cases

Corporate & Business Law State law trumps corporate by-laws in the event of an inconsistency. St. John's Regional Medical Center, a Missouri Non-Profit Corporation, Plaintiff/Respondent v. Freeman Health System, a Missouri Non-Profit Corporation, Defendant/Appellant, No. 26953 (Mo. App. S.D., September 11, 2007), Bates, C. J. Full Summary and Other Cases

Criminal Law Defendant can depose alleged victim on new allegations of abuse and recantation. State of Missouri, Plaintiff/Respondent v. Harold Rushing, Jr., Defendant/Appellant, No. 27749 (Mo. App. S.D., September 10, 2007), Bates, C.J. Full Summary and Other Cases

Family Law Full order of protection supported although petitioner not in fear of respondent. Frank Cuda, Respondent v. Robert Keller, Appellant, No. 67779 (Mo. App. W.D., September 11, 2007), Howard, C.J. Full Summary and Other Cases

Insurance Law Uninsured motorist policy provides no coverage for death of children who were temporarily residing in insured's home. James Dale Reed, Appellant v. American Standard Insurance Company of Wisconsin, Respondent, No.67637 (Mo. App. W.D., September 4, 2007), Newton, P. J. Full Summary and Other Cases

Labor Law - Federal The Eight Circuit affirms judgment for employee in religious discrimination lawsuit where employee established termination for inappropriate sexual comments was pretext for religious discrimination. Doyle Ollis, Jr., Appellee v. Hearthstone Homes, Inc., a Nebraska Corporation, Appellant, 495 F.3d 570 (8th Cir., July 27, 2007), Riley, C.J. Full Summary and Other Cases

Local Government County council must adopt findings of fact and conclusions of law in denying application for conditional use permit, even when a minority of the council caused the denial by opposing the application. Complete Auto Body & Repair, Inc., Plaintiff/Appellant v. St. Louis County, Missouri, Charlie A. Dooley, Hazel Erby, Kathleen Burkett, and Mike O'Mara, Defendants/Respondents, No. 89331 (Mo. App. E. D., September 18, 2007), Crane, P. J. Full Summary and Other Cases

Tort Law An insurer's duty to defend is to be determined from facts known at the time the petition is filed; policy which excludes injuries “arising out of assault or battery” also excludes coverage for the negligence which gave rise to the assault and battery.  Trainwreck West Inc., Appellant v. Burlington Insurance Co., Respondent, and Cheri Neff, Appellant, No. 88428 (Mo. App. E.D., August 14, 2007), Cohen, J. Full Summary and Other Cases