Courts Bulletin - 8-May
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

Alternative Dispute Resolution “Help on horizon for troubled attorneys: Programs aim to improve lawyer conduct, relationships,” April 28, 2008, Missouri Lawyers Weekly, p. 1-2, Allison Retka. Full Summary and Other Cases

Civil Practice & Procedure When can a consent dissolution judgment be set aside? Louis Phillip Grasse, Appellant v. Pamela J. Grasse n/k/a Pamela J. Schindeler, Respondent, No. 89264 (Mo. App. E.D., April 8, 2008), Mooney, J. Full Summary and Other Cases

Commercial Law Note holder waived his claim that tender was insufficient when he twice rejected tender without informing property owner that tender was insufficient. Deborah Lee, Appellant v. Donald S. Peters, Respondent, No. 67998 (Mo. App. W.D., April 22, 2008), Dandurand, J. Full Summary and Other Cases

Criminal Law Interstate Agreement on Detainers did not require dismissal of charges; time ran from date the circuit court received the request for disposition of detainers. State of Missouri, Plaintiff-Appellant v. Danny R. Woods, Defendant-Respondent, No. 28697 (Mo. App. S.D., April 24, 2008), Bates, J. Full Summary and Other Cases

Employee Benefits Law State employee's eligibility for retirement benefits under Missouri State Employees' Retirement System (MOSERS) is governed by the version of the statute in effect when his employment was terminated and not according to the statute as subsequently amended. Robert H. Sihnhold, Appellant v. Missouri State Employees' Retirement System, Respondent, No. 88813 (Mo. banc, April 1, 2008) Teitelman, J. Full Summary and Other Cases

Family Law Mixing division of property with maintenance judgment and award of unspecified post-trial fees and costs. In re Marriage of: Bonnie L. Vanderpool, Respondent v. Larry R. Vanderpool, Appellant, No. 28365 (Mo. App. S.D., April 22, 2008), Barney, J. Full Summary and Other Cases

Insurance Law Usage of the word “only” within motor vehicle exemption in homeowner's policy created an ambiguity that was construed strictly against the insurer, thereby affording coverage to the policy holder. David Schenewerk, Appellant v. Mid-Century Insurance Co. and Leonard Kohler, Respondents, No. 89766 (Mo. App. E.D., April 15, 2008), per curiam. Full Summary and Other Cases

Juvenile Law Termination for abuse/neglect and failure to rectify is supported by sufficient evidence where children were born drug-exposed, where mother did not complete any drug treatment program, failed to provide support, was offered numerous services and where mother tested positive for drugs on the first day of the termination trial. In the Interest of: M.L.R., M.D.F., S.D.F., J.C.M., and K.M., III; Respondents, S.F. (Mother), Appellant v. Juvenile Officer, Respondent, K.R. (Putative Father), C.B. (Putative Father), L.H., Jr., (Putatitve Father), K.M., Jr., (Putative Father), Defendants, Nos. 68823, 68824, 68825, 68826 and 68827 (Mo. App. W.D., April 15, 2008), Welsh, 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 claims of disparate treatment and failure to accommodate under the Americans with Disabilities Act; blind former employee could not show she suffered an adverse employment action, nor could she show she ever requested accommodation. Monica Buboltz, Appellant v. Residential Advantages, Inc., Appellee, No. 07-2065 (8th Cir. Apr. 18, 2008) (2008 WL 1756468), Beam, J. Full Summary and Other Cases

Local Government Constitution permits statutory cities to exercise the power of eminent domain. City of Arnold, Appellant v. Homer R. Tourkakis, et al., Respondents, No. 88647 (Mo. banc, March 18, 2008), Russell, J. Full Summary and Other Cases

Probate & Trust Law Judgment sustained where probate court found that there was sufficient evidence to show that father did not refuse to support his illegitimate child. In the Estate of Thomas Edward Davis, Deceased. Sherry Shamel, as Personal Representative of the Estate of Thomas Edward Davis, Petitioner v. Donna Jean Root Soboy, et al., Respondent, No. 28307, (Mo. App. S.D., April 7, 2008), Sweeney, J. Full Summary and Other Cases

Property Law Liquidated damages clauses are upheld where found to be a reasonable estimate of damages. Valentine's, Inc., Plaintiff-Respondent v. Michael Ngo and Phung La Ngo and Ngo Properties, LLC, Defendants-Appellants, No. 28570 (Mo. App. S.D., April 10, 2008), Rahmeyer, J. (See Commercial Law) Full Summary and Other Cases

Taxation Law in Missouri Sales Tax Exemption -- bowling association exempt as a “civic” organization. Missouri State USBC Association, Appellant v. Director of Revenue, Respondent, No. 88630 (Mo. banc, April 29, 2008), Russell, J. Full Summary and Other Cases

Tort Law Where consumer pays for unsolicited goods, the "voluntary payment" doctrine bars claims by consumer for unfair trade practices. James Huch and Ryan Carstens, Plaintiffs/Appellants v. Charter Communications, Inc., Defendant/Respondent, No. 89926 (Mo. App. E.D., April 15, 2008), Crane, J. Full Summary and Other Cases