Courts Bulletin - 9-Sep
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 Licensed practical nurse is subject to discipline for failing to attend to patients, writing on personal property, failing to submit to drug screening requested by employer, and lying about reasons for not submitting to drug screening.  State Board of Nursing v. Blaine, No. 08-1496 BN (Mo. AHC, September 9, 2009), Kopp, C. Full Summary and Other Cases

Administrative Law Agency's authority included setting residency requirement by regulation, delegating conduct of hearing on enforcement of regulation, and overruling hearing officer's recommendations as to violation of regulation.  Robert T. Vivona, Appellant v. Karl Zobrist, et al., Respondents, No. 69244 (Mo. App. W.D., August 11, 2009), Newton, C.J. Full Summary and Other Cases

Bankruptcy Law Chapter 13 debtors that own a vehicle free and clear are allowed an ownership deduction on the Form B22c "means test." In Re Washburn, 2009 U.S. App LEXIS 19400, 8th Circuit, August 28, 2009, Melloy, J. Full Summary and Other Cases

Civil Practice & Procedure Trial court's judgment of dismissal reversed where the court considered a matter outside the pleadings in granting the motion to dismiss.  Jason Grellner, et al Appellants v. Foremost Signature Insurance Company and Lamar International, Inc., d/b/a Lamar International Realtors, Defendants and Green Tree Servicing, LLC, Respondent, No. 92196 (Mo. App. E.D., July 14, 2009), Richter, P.J. Full Summary and Other Cases

Commercial Law Sales of tickets to businesses qualify as sales for resale where the tickets are sold by the businesses to customers for cash or bundled with other products and sold to customers for cash, but not where the tickets are sold to businesses to be given away to customers in exchange for persons taking timeshare tours.  Music City Centre Management, LLC, Respondent v. Director of Revenue, Appellant, No. 89547 (Mo. banc, August 4, 2009), Breckenridge, J. Full Summary and Other Cases

Criminal Law Evidence obtained in warrantless search was admissible under the inevitable discovery doctrine. State of Missouri, Respondent v. Robert M. Oliver, Appellant, No. 89888 (Mo. banc, August 4, 2009), Price, J. Full Summary and Other Cases

Insurance Law No coverage under general liability policy for property damage occurring after the policy period.  D.R. Sherry Construction, Ltd., Respondent v. American Family Mutual Insurance Company, Appellant, No. 69631 (Mo. App. W.D., August 4, 2009), Pfeiffer, J. Full Summary and Other Cases