Courts Bulletin - 8-Feb
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 Stop-loss insurance premiums are “direct premiums” subject to the Missouri premium tax. American National Life Insurance Company of Texas v. Director of Revenue and Director of Insurance, No. 05-1261 RG (Mo. AHC, December 27, 2007), Doughty, C. Full Summary and Other Cases

Administrative Law No third party appeal from agency action taken by mistake. St. Charles County Ambulance District, Inc., Appellant v. Missouri Department of Health and Senior Services, et al.; Mission Care of Missouri d/b/a Abbott Ambulance, Respondent, No. 67521 (Mo. App. W.D., January 22, 2008), Hardwick, J. Full Summary and Other Cases

Civil Practice and Procedure Production of employee records is limited. State ex rel. Delmar Gardens North Operating, LLC and Delmar Gardens North, Inc., Relators v. The Honorable Gary M. Gaertner, Jr., Respondent; No. 88297 (Mo. banc, December 4, 2007), Stith, C.J. Full Summary and Other Cases

Commercial Law Stock certificate raises rebuttable presumption of ownership of stock. Just Enterprises, Inc., and Tina Dobrauc, Individually, Plaintiffs/Respondents v. Teresa Spruce a/k/a Michael James White and David Johnson, Defendants and Mary Shinn, Intervener/Appellant, No. 27972 (Mo. App. S.D., January 23, 2008), Rahmeyer, J. Full Summary and Other Cases

Constitutional Law Defendant has burden of proof on mental retardation in death penalty case. State of Missouri, Respondent v. Ernest Lee Johnson, Appellant, No. 87825 (Mo. banc, January 15, 2008) Russell, J. Full Summary and Other Cases

Construction Law Court of appeals finds that non-payment by the owner under the applicable contract terms is an element of the plaintiff-subcontractor's claim in a quantum meruit action. County Asphalt Paving, Company, Inc., Respondent v. Mosley Construction, Inc., Defendant, Christian Embassy Church, Appellant, No.89415 (Mo. App. E.D., December 4, 2007), Draper III, J. Full Summary and Other Cases

Criminal Law Disjunctive submission in instruction is plain error, but there is no prejudice under the facts of this case. State of Missouri, Plaintiff-Respondent v. Stephan Galbreath, Defendant-Appellant, No. 27902 (Mo. App. S.D., January 30, 2008), Lynch, C.J. Full Summary and Other Cases

Family Law Paternity: Change of surname/meeting burden of proof. Warren Joshua Wright, Respondent v. Anden Richard Buttercase by his next friend, Heather Ladawn Buttercase, and Heather Ladawn Buttercase, Appellants, No. 67861 (Mo. App. W.D., January 15, 2008), Lowenstein, J. Full Summary and Other Cases

Health and Hospital Law Missouri Medicaid provider agreements are valid contracts. Midwest Division-OPRMC, LLC d/b/a Overland Park Regional Medical Center and Midwest Division-MMC, LCC d/b/a Menorah Medical Center, Appellants-Respondents, v. Department of Social Services, Division of Medical Services, Respondents-Appellants, Nos. 67544 & 67633 (Mo. App. W.D., December 18, 2007), Holliger, J. Full Summary and Other Cases

Insurance Law Insurance agent held not liable for fraudulent misrepresentation that coverage was in effect since court of appeals found coverage effective. Michael Velder, Respondent v. Cornerstone National Insurance Company, Respondent and Petty Insurance Agency and Caleb Petty, Appellants, No. 67198 (Mo. App. W.D., January 22, 2008), Howard, C.J. Full Summary and Other Cases

Labor Law Court dismisses former police chief's wrongful discharge claim. Larry L. Grimes, Appellant v. City of Tarkio, Missouri, et al., Respondents, No. 67953 (Mo. App. W.D., January 22, 2008), Witt, 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 whistleblower retaliation claim of former employee because whistleblower protection does not extend to employees whose job duties require her to ensure legal compliance. Skare v. Extendicare Health Services, Inc., No. 06-2459, 2008 WL 341464 (8th Cir., February 8, 2008). Full Summary and Other Cases

Medical Malpractice In all but the narrowest circumstances, state laws violate the U.S. Commerce Clause if they mandate differential treatment of in-state and out-of-state interests that benefits the former and burdens the latter. State of Missouri, ex rel. Raymond Bloomquist, D.O., Relator v. Honorable Nancy L. Schneider, Respondent, No. 88456 (Mo. banc, January 15, 2008), Stith, C.J. Full Summary and Other Cases

Tort Law With the advent of Case.net, counsel has the opportunity to check the litigation history of members of the jury panel, so challenges after a trial is conducted might be too late. William L. McBurney, et al., Appellants v. Jeffrey C. Cameron, et al., Respondents, No. 65679 (Mo. App. W.D., January 22, 2008), Smart, Jr., J. Full Summary and Other Cases