Courts Bulletin - 8-Jan
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 Law No rulemaking was required to determine eligibility for program. Christopher and Renee Young, Plaintiffs/Appellants v. Family Support Division, State of Missouri Department of Social Services, Defendants/Respondent, No. 89361 (Mo. App. E. D., December 26, 2007), Sullivan, J. Full Summary and Other Cases

Civil Practice & Procedure More on the “something more” test under workers' compensation law. State of Missouri ex rel. Title Loan Company, Relator v. The Honorable David Lee Vincent, III, Circuit Judge, Division 9, Missouri Circuit Court, Twenty-First Judicial Circuit, County of St. Louis, Respondent, No. 90343 (Mo. App. E.D., November 20, 2007), Crane, P.J. Full Summary and Other Cases

Constitutional Law Circuit Court to make a record and apply remedies on motion for speedy trial. State ex rel. Tracy McKee, Petitioner v. The Honorable John J. Riley, et al., Respondents, No. 88867 (Mo. banc, December 21, 2007), Stith, J. Full Summary and Other Cases

Criminal Law Counsel was not ineffective for failing to make a Confrontation Clause challenge where a child testified without facing defendant directly. Jerry Guese, Movant/Appellant v. State of Missouri, Respondent/Respondent, No. 28240 (Mo. App. S.D., December 27, 2007), Rahmeyer, J. Full Summary and Other Cases

Family Law Judgment presumed satisfied after 10 years/registration of foreign judgment. Luck Leung, Appellant, v. Tuen Fu, Respondent, No. 68209 (Mo. App. W.D., December 26, 2007), Smart, J. Full Summary and Other Cases

Insurance Law Lender not entitled to insurance proceeds after bidding full amount of debt at foreclosure sale. Countrywide Home Loans, Respondent, v. Allstate Insurance Company, et al., Appellant, Robert C. Washington, Appellant, Nos.66026 and 66152 (Mo. App. W.D., December 26, 2007), Lowenstein, J. Full Summary and Other Cases

Local Government Missouri Recreational Use Act bars claim for injury occurring in unincorporated park land. Walter Foster, Appellant v. St. Louis County, Missouri, Respondent, No. 88496 (Mo. banc, December 4, 2007), Teitelman, J. Full Summary and Other Cases

Tort Law Prisoner performing work for the Missouri Highways and Transportation Commission who was injured when a tree fell on her could sue state for injuries resulting in dangerous condition of property. Hortense Cain, Respondent v. Missouri Highways and Transportation Commission, Appellant, No. 88271 (Mo. banc, December 4, 2007), Wolff, J. (Price, J. dissents) Full Summary and Other Cases

Workers' Compensation Does the Missouri Industrial Commission retain jurisdiction over a final award of permanent total disability to enforce or modify the award to determine dependency and award transfer of the permanent total disability to a claimant's dependent(s)? John Cox, deceased and Betty Cox, Claimant/Appellants, v. Treasurer of the State of Missouri, as Custodian of the Second Injury Fund, Additional Party/Respondent, No. 89751 (Mo. App. E.D., December 4, 2007), Hoff, P.J. Full Summary and Other Cases