Courts Bulletin - 9-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 Hearing Commission Application for provisional license as a massage therapist is denied due to applicant's guilty plea to possession of a controlled substance with intent to distribute, and providing false answer on license application.  McDaniel v. Board of Therapeutic Massage, No. 08-0859 TM (Mo. AHC, December 12, 2008), Ommen, C. Full Summary and Other Cases

Administrative Law Agency decision remanded for re-writing to show "what the [Agency] actually found to be operative and significant[.]" Lisa Stegman v. Grand River Regional Ambulance District; North Kansas City Hospital; Physicians Acute Care Services, Inc. d/b/a Northwest Missouri Emergency Physicians; Missouri Rural Services Workers Compensation Insurance Trust, No. 69099 (Mo. App. W.D., December 9, 2008), Smart, Jr., J. Full Summary and Other Cases

Civil Practice & Procedure Dismissal for failure to prosecute in federal court did not preclude plaintiff from bringing same cause of action in state court.  George Brown, Jr., Appellant v. Bob Simmons, Danny Dodson, Janet Thomas, and Rob Sharp, Respondents, No. 29123 (Mo. App. S.D., December 4, 2008), Lynch, C.J. Full Summary and Other Cases

Constitutional Law Appointed school board okay.  Board of Education of the City of St. Louis, et al. v. The Missouri State Board of Education, et al., No. 89139, (Mo. banc, December 16, 2008), Breckenridge, J. Full Summary and Other Cases

Construction Law Mechanic's lien claimant's inclusion of the rental cost of equipment while idle is not lienable under the facts of this case; however, the inclusion of the nonlienable item does not result in the lien statement failing to comply with the "just and true account" requirement of Missouri's Mechanic's Lien Statute.  Missouri Land Development Specialties, LLC, a Limited Liability Company, Respondent/Cross-Appellant v. Concord Excavating Company, L.L.C., et al., Defendants, Thomas Cummings, Trustee, and First Service Bank, Appellants/Cross-Respondents, Nos. 89112 & 89116 (Mo. App. E.D., October 7, 2008), Mooney, P.J. Full Summary and Other Cases

Corporate & Business Law Implied covenants of good faith and fair dealing do not apply to prohibit termination of at-will distribution contracts where the recoupment doctrine provides a remedy.  Newco Atlas, Inc., Respondent v. Park Range Construction, Inc., Appellant, No. 69247 (Mo. App. W.D., December 16, 2008), Howard, J. Full Summary and Other Cases

Criminal Law Sexually violent predators may be committed on clear and convincing evidence.  In the Matter of the Care and Treatment of John R. Van Orden, No. 89224 (Mo. banc, December 16, 2008); In the Matter of the Care and Treatment of Richard Wheeler, No. 89408 (Mo. banc, December 16, 2008), Price, J. Full Summary and Other Cases

Environmental & Energy Law Trial court's judgment denying injunctive relief which sought to prohibit the construction of an ethanol plant affirmed, with Respondents permitted to pursue claims on bond posted for the TRO.  Citizens for Ground Water Protection, a Missouri nonprofit organization, et al. v. William Larry Porter, et al., Nos. 28732 & 28797 (Mo. App. S.D., December 9, 2008), Lynch, C.J. Full Summary and Other Cases

Health & Hospital Law Negligent credentialing cause of action recognized.  Dorothea LeBlanc v. Research Belton Hospital, No. 69248 (Mo. App. W.D., December 9, 2008), Newton, C.J. Full Summary and Other Cases

Insurance Law Former City employee's claim of whistle blower retaliation is not covered under the Missouri Public Entity Risk Management (MOPERM) insurance coverage policy.  Evelyn B. Topps, Appellant v. City of Country Club Hills, Missouri, Respondent.  No. 91509 (Mo. App. E.D., November 18, 2008), Odenwald, P.J. Full Summary and Other Cases

Medical Malpractice Spiddle has a duty to exercise reasonable care in credentialing physicians who enjoy staff privileges at the hospital and the peer review statute section 537.035.4 does not extend absolute immunity from a cause of action based upon negligent credentialing.  Dorothea LeBlanc v. Research Belton Hospital, No. 69248 (Mo. App. W.D., December 9, 2008), Newton, C.J. Full Summary and Other Cases

Professional Negligence Dismissal of pro se inmate's petition against public defender, alleging breach of fiduciary duty, vacated by Supreme Court; case was seven weeks old; also, pro se plaintiff had no meaningful opportunity to respond to dismissal motion filed and granted within a two-day span.  Bernardo O. Costa v. Arthur E. Allen, No. 89177 (Mo. banc, November 25, 2008), Scott, S.J. Full Summary and Other Cases

Other Areas of Law Admissions of party-opponent admissible over hearsay objection.  Oren G. Gamble, et al. v. Jim Browning, et al, No. 67441 (Mo. App. W.D., December 2, 2008), Holliger, P.J. Full Summary and Other Cases