Courts Bulletin - 7-Sep
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 Record did not show that organization was a campaign finance committee. Charles Monroe, Petitioner v. Missouri Ethics Commission, Respondent, No. 05-0633 EC (Mo. AHC, July 9, 2007), Doughty, C. Full Summary and Other Cases

Administrative/Constitutional Law Competitor had no standing to challenge issuance of rival's license. State of Missouri ex rel. Christian Health Care of Springfield, Inc., et al., Appellants v. Missouri Department of Health and Senior Services and R.H. Montgomery Properties, Inc., Respondents, No. 66710 (Mo. App. W.D., July 6, 2007), Smith, J. Full Summary and Other Cases

Bankruptcy Law Contingent unliquidated personal injury claims are not exempt from a debtor's bankruptcy estate. In re Mahony (No. 06-60347), In re Anderson (No. 07-60768), 2007 WL 2506034 (Bankr. W.D. Mo., September 4, 2007), Federman, J. Full Summary and Other Cases

Corporate & Business Law A franchisee is not an agent of the franchisor. State ex rel. McDonald's Corporation and C & S Marshfield, Inc., Relators v. The Honorable Sandra C. Midkiff, Respondent. (consolidated with) State ex rel. McDonald's Corporation and Kris Davison, Inc., Relators v. The Honorable Ann Mesle, Respondent, Nos. 87856 & 87855 (Mo banc, June 26, 2007), Stith, J. Full Summary and Other Cases

Criminal Law Arrest was not completed, although defendant had been handcuffed and Mirandized. State of Missouri, Plaintiff/Respondent v. William Scott Ondo, Defendant/Appellant, No. 28075 (Mo. App. S.D., August 22, 2007), Rahmeyer, P.J. Full Summary and Other Cases

Insurance Law “Other insurance” clause held to create an ambiguity in boat owner's policy. Mark Barron, et al., Respondents v. Shelter Mutual Insurance Company, Appellant, No. 65947 (Mo. App. W.D., August 21, 2007), Spinden, J. Full Summary and Other Cases

Labor Law Analysis for Missouri Human Rights Act claims. Douglas L. Daugherty, Appellant, v. The City of Maryland Heights, Respondent, No. 88012 (Mo. banc, August 7, 2007), Russell, J. Full Summary and Other Cases

Labor Law - Federal The Eighth Circuit affirms district court's grant of summary judgment in favor of employer on retaliation claim because the employer demonstrated it demoted the employee for legitimate, non-discriminatory, and non-pretextual reasons. Fred Gilbert, Appellant v. Des Moines Area Community College, Appellee, No. 06-3021, 2007 WL 2254936 (8th Cir. Aug. 8, 2007). Full Summary and Other Cases

Professional Negligence Missouri Supreme Court affirms Midwest BankCentre's document preparation fee as unauthorized practice of law. Clark E. Eisel and Patricia S. Eisel, individually and on behalf of all others similarly situated, Respondents v. Midwest BankCentre, Appellant, No. 88167 (Mo. banc, August 21, 2007), per curiam. Full Summary and Other Cases

Property Law Note:  Re Terry W. Dixon and Cynthia Crossland, Plaintiffs/Respondents v. Thomas D. Thompson, Defendant/Appellant, No. 27529 (Mo. App. S.D., September 6, 2007), previously summarized in the May issue of Courts Bulletin. Full Summary and Other Cases

Workers' Compensation What is the latest on the “last accident considered alone” defense of the Second Injury Fund? ABB Power T & D Company, Appellant-Respondent v. William Kempker, Respondent-Appellant; Treasurer of the State of Missouri - Custodian of the Second Injury Fund, Respondent, No. 67465 (Mo. App. W.D., August 21, 2007),.Smart Jr., J. Full Summary and Other Cases