Courts Bulletin - 8-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 Law Late delivery of petition for judicial review did not deprive receiving party of notice, so it did not require dismissal of petition. Brian K. Pogue, Petitioner/Respondent v. Larry Crawford, et al., Respondents/Appellants, No. 90859 (Mo. App. E.D., September 30, 2008), Cohen, J. Full Summary and Other Cases

Civil Practice and Procedure Standing alone, reference to an argument supporting a different claim of error is insufficient to preserve a point on appeal. Lisa Giles, et al., Appellants v. Riverside Transport, Inc., et al., Respondents, No. 68378 (Mo. App. W.D., September 16, 2008), Dandurand, J. Full Summary and Other Cases

Constitutional Law Cumulative evidence is harmless, even when challenged on constitutional grounds. State of Missouri, Plaintiff-Respondent v. Daniel K. Stewart, Defendant-Appellant, No. 27312 (Mo. App. S.D., August 20, 2008), Bates, C.J. Full Summary and Other Cases

Criminal Law Defendant was not abandoned by counsel who filed his post-conviction motion late. State of Missouri, ex rel. Jeremiah W. (Jay) Nixon, Relator v. The Honorable Mary Sheffield and Phyllis Staley, Respondents, No. 28941 (Mo. App. S.D., September 30, 2008), Scott, J. Full Summary and Other Cases

Elder Law A Medicaid (now known as MO HealthNet) applicant must first exhaust administrative remedies before seeking judicial intervention. A court order obtained before seeking a determination from the Medicaid authorities, is not effective in achieving Medicaid eligibility. Ruth Amos, Petitioner/Respondent v. Estate of Kenneth Amos, Respondent/Respondent, and Department of Social Services, Family Support Division, State of Missouri, Intervenor/Appellant, No. 90967 (Mo. App. E.D.,  September 9, 2008), Shaw, P.J. Full Summary and Other Cases

Family Law No appeal of default judgment itself. Tara Lea Cooper, Petitioner/Respondent v. Russell Paul Cooper, Respondent/Appellant, No. 90147 (Mo. App. E.D., September 9, 2008), Hoff, J. Full Summary and Other Cases

Health and Hospital Law Medical malpractice statute of limitations held not to apply in fraud case. Daniel Breeden, et al., Appellants v. James N Hueser, M.D., et al., Respondents, No. 68069 (Mo. App. W.D., June 30, 2008), Lowenstein, J. Full Summary and Other Cases

Insurance Law Commercial general liability policy provided no coverage to participant in rodeo contest. Nautilus Insurance Company, Respondent v. Jesse James Festival, Inc., Defendant; Gary Newlun, Appellant, No. 68956 (Mo. App. W.D., September 16, 2008), Lowenstein, J. Full Summary and Other Cases

Labor Law - Federal Eighth Circuit affirms district court's grant of summary judgment in favor of employer on former employee's claims of retaliation under the Missouri Human Rights Act ("MHRA"), because employee failed to establish a prima facie case of retaliation. Richey v. City of Independence, 540 F.3d 779; No. 07-2109 (8th Cir., September 3, 2008). Full Summary and Other Cases

Medical Malpractice Expert testimony may be offered in medical negligence cases to support a claim under the theory of res ipsa loquitur. Janice Sides, et al., Plaintiffs/Appellants v. St. Anthony's Medical Center, et al., Defendants/Respondents, No. 88948 (Mo. banc, August 5, 2008), Denver-Stith, J. Full Summary and Other Cases

Probate and Trust Law Judgment reversed and remanded where the court of appeals found that Section 516.350 RSMo barred a wife's claim against deceased ex-husband's estate for unpaid child support. In the Matter of the Estate of Robert C. Miller, Deceased: Rebecca Aubuchon, personal representative of the Estate of Robert C. Miller Appellant v. Jacqueline A. Bollinger, Respondent, No. 90722, (Mo. App. E.D., September 23, 2008), Norton, J. Full Summary and Other Cases

Tort Law The mere failure to perform a contract cannot serve as the basis of tort liability unless the breach itself is an independent tort. Ryann Spencer Group, Inc., Plaintiff/Appellant v. Assurance Company of America, et al., Defendants/Respondents, No. 90545 (Mo. App. E.D., September 23, 2008), Sullivan, J. Full Summary and Other Cases