Courts Bulletin - 9-Jul
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 Ordinance offered administrative remedy, and treated decision as a municipal court judgment, but once Appellant had pursued such remedy, no trial de novo in circuit court was available on grounds of charging document's insufficiency.  City of Springfield, Missouri, Respondent v. Adolph Belt, Jr., Appellant, No. 29605 (Mo. App. S.D., July 7, 2009), Barney J. Full Summary and Other Cases

Bankruptcy Law Debtors seeking monetary damages for contempt of discharge injunction may do so by motion in the bankruptcy case rather than through the initiation of a separate adversary proceeding.  In re Englund (401 B.R. 377, BAP 8th Cir. February 19, 2009), Per Curiam. Full Summary and Other Cases

Civil Practice and Procedure Venue:  Sometimes "shall" does not mean "shall."  State ex rel. The Kansas City Southern Railway Company, Relator v. The Honorable W. Stephen Nixon Respondent, No. 89704 (Mo banc., May 5, 2009), Wolff, J. Full Summary and Other Cases

Criminal Law Intoxication related priors could be appealed separately from guilty plea after a bifurcated proceeding.  State of Missouri, Respondent v. Michael G. Craig, Appellant, No. 89867 (Mo. banc, June 30, 2009), Fischer, J. Full Summary and Other Cases

Environmental and Energy Law Permitting requirements under the Missouri Dam & Reservoir Safety Law did not operate retrospectively to a dam constructed before the law became effective.  State ex rel. Chris Koster, Attorney General, the Missouri Department of Natural Resources, and the Missouri Dam and Reservoir Safety Council, Appellant v. Paul and Marilil Olive, Respondents, No. 89752 (Mo. banc, May 5, 2009), Price, Jr., J. Full Summary and Other Cases

Insurance Law No waiver of written consent agreement for reimburse-ment of defense expenses under professional liability insurance policy where attorney appointed by insured was not agent of the insured and therefore could not waive the requirement and where insured had no intent to waive the written consent requirement in the contract of insurance.  The Bar Plan, Appellant, v. William Cooper, et al., Respondents., No. 91848 (Mo. App. E.D., June 23, 2009), Romines, J. Full Summary and Other Cases

Juvenile Law Where there is no evidence of physical injury, there is insufficient evidence of physical abuse where stepfather's use of belt to spank children is not shown to be unreasonable, despite the fact that the children are afraid of getting spanked for talking to Children's Division.  Fear alone is not substantial evidence of abuse.  In the Interest of: M.N.J. and N.M.D.A.; Juvenile Officer v. M.G. and C.G. (Mother), No. 70056 (Mo. App. W.D., June 30, 2009), Newton, J. Full Summary and Other Cases

Medical Malpractice Court will not require a plaintiff to execute medical authorization with authorization broad enough to allow defendant to meet privately with healthcare provider and interview them.  State of Missouri ex rel. John W. Collins, M.D., Relator v. Honorable Marco Roldan, Respondent, No. 70350 (Mo. App. W.D., June 9, 2009), Ahuja, J. Full Summary and Other Cases

Property Law One undertaking independent investigation of value and offering less than agent recommended prior to purchase cannot later establish right to rely on value opinion of its agent for the purchase price paid.  Dancin Development, L.L.C., Appellant v. NRT Missouri, Inc., D/B/A Coldwell Banker Gundaker and Patty Emory, Respondents, No. 92128 (Mo. App. E.D., April 28, 2009), Draper III, J. Full Summary and Other Cases

Tort Law The mere allegation of a husband and wife relationship, joint ownership of an automobile, and operation of the automobile by one spouse with the other spouse as a passenger for a purpose consistent with everyday activities of a marriage is not sufficient to establish a realistic right of control by the passenger spouse for liability under either joint venture or master servant theories.  State ex rel. Pansy Henley, Relator v. The Honorable James R. Bickel, Respondent, No. 89614 (Mo. banc, June 19, 2009), Price, J. Full Summary and Other Cases

Workers' Compensation For purposes of Section 287.020.5 RSMo, can an Employer have two principal places of business? Ronald A. Harness, Jr., Deceased, et al. v Southern Copyroll, Inc., et al., No. 29309 (Mo. App. S.D., June 29, 2009), Bates, J. Full Summary and Other Cases

Other Areas of Law While Missouri's sex offender registration law cannot apply retrospectively to certain classes of offenders, those persons still must register under federal legislation.  John Doe I, et al., Respondents v. Major James Keathley, Appellant, Thomas Phillips and James Kanatzar, Defendants, No. 89727 (Mo. banc, June 16, 2009), Teitelman, J. Full Summary and Other Cases