Courts Bulletin - 9-Mar
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 Dentist who stated he was a doctor and used craniosacral therapy on newborn is subject to discipline for obtaining fee by fraud, failing to refer infant to appropriate medical professional, failing to obtain sufficient number of continuing education hours, and making false statement to obtain license renewal.  Missouri Dental Bd. v. Kerwin, No. 07-1073 DB (Mo. AHC, March 10, 2009), Chapel, C. Full Summary and Other Cases

Administrative Law Administrative remedy no bar to lawsuit.  J. Michael McCracken, Plaintiff-Appellant v. Wal-Mart Stores East, LP, Defendant-Respondent, No. 29087 (Mo. App. S.D., February 25, 2009), Lynch, C.J. Full Summary and Other Cases

Bankruptcy Law "Disposable Income" on Form 22C does not necessarily determine "Projected Disposable Income" that Chapter 13 debtors must pay unsecured creditors over the applicable commitment period of their plan.  In re Fredrickson, 545 F.3d 652 (8th Cir. 2008), Wollman, J. Full Summary and Other Cases

Business & Corporate Law Right to vote for trustees (directors) of nonprofit corporation does not create membership rights; and non-member rights in the articles of incorporation may be altered through a properly adopted amendment.  The Executive Board of the Missouri Baptist Convention, et al., Appellant v. Windermere Baptist Conference Center, Respondent, No. 69546 (Mo. App. W.D., February 3, 2009), Welsh, J. Full Summary and Other Cases

Commercial Law Loss from forged checks allocated between account holder and bank based upon their comparative fault under RSMo Section 400.3-406.  Boyd E. Walker, Appellant v. First Home Savings Bank, Respondent, No. 29076 (Mo. App. S.D., January 16, 2009), Scott, P.J. Full Summary and Other Cases

Constitutional Law Gambling initiative okay.  David Knight and Ray Salva, Appellants v. Robin Carnahan, In Her Official Capacity as Secretary of State of Missouri; Susan Montee, In Her Official Capacity as Missouri State Auditor and Everett Bake, Respondents, No. 70257 (Mo. App. W.D., February 10, 2009), Newton, C.J. Full Summary and Other Cases

Criminal Law Trial counsel was not ineffective in failing to order a PET scan for client charged in death penalty case.  David Zink, Appellant v. State of Missouri, Respondent., No. 88279 (Mo. banc, February 24, 2009), Breckenridge, J. Full Summary and Other Cases

Elder Law Effective for April, 2009 and thereafter, the Missouri Non Spenddown figures for MO HealthNet participants are as follows: Full Summary and Other Cases

Family Law Rehabilitative maintenance.  Timothy R. Isakson, Appellant v. Tracie L. Isakson, Respondent, No. 28977 (Mo. App. S.D., February 6, 2009), Scott, J. Full Summary and Other Cases

Insurance Law Insured has no bad faith claim against insurance adjuster.  Quinlock Shobe, Respondent v. Roxanne Kelly and Allstate Insurance Company, Appellants, No. 68712 (Mo. App. W.D., February 3, 2009), Newton, J. Full Summary and Other Cases

Juvenile Law Adjudication for robbery in the second degree is reversed where victim is unable to identify juvenile as being the person who took his MP3 player and where there is insufficient evidence that the juvenile affirmatively participated in the crime in such a way as to be liable as an accomplice.  M.A.A., Appellant v. Juvenile Officer, Respondent, No. 69051 (Mo. App. W.D., December 9, 2008), Ellis, J. Full Summary and Other Cases

Tort Law Bad faith refusal to settle claim does not lie against insurance adjuster who was not a contracting party but only against the insurance company.  Quinlock Shobe, Respondent v. Roxanne Kelly and Allstate Insurance Company, Appellants, No. 68712 (Mo. App. W.D., February 3, 2009), Newton, C.J. Full Summary and Other Cases

Workers' Compensation Can an "unexplained fall" constitute a compensable accident?  Joyce Bivins, Claimant-Appellant v. St. John's Regional Health Center and Sisters of Mercy Health System, Defendants-Respondents, No. 28838 (Mo. App. S.D., December 1, 2008), Parrish, P.J. Full Summary and Other Cases