Courts Bulletin - 11-Nov

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

Bankruptcy Law
Ineligibility of Chapter 13 debtor for discharge does not preclude a plan that permits stripping off wholly-unsecured junior residential mortgages. In re Fisette, No. 11-6012, U.S. Bankruptcy Appellate Panel (BAP) for the Eight Circuit, August 29, 2011.
Full Summary and Other Cases

Constitutional Law
Plaintiffs could not use declaratory judgment act to challenge criminal statute that violated the clear title, original purpose, and single subject provisions of Article III of the Missouri Constitution, but had to raise those as defenses in their criminal cases. Schaefer, et al., v. Koster, No. 91130 (Mo. banc, June 14, 2011), Teitelman, J.
Full Summary and Other Cases

Criminal Law
Where defendant claimed self-defense to murder charge, trial court was not obligated to give proffered verdict director for involuntary manslaughter absent evidence that the defendant was uncertain as to whether his actions would cause serious injury or death. State v. Pulley, No. 95265 (Mo. App. E.D., October 4, 2011), Odenwald, C.J.
Full Summary and Other Cases

Family Law
Administrative child support orders are available for the support of all eligible children, including children of citizens of other countries. Lajeunesse v. State of Missouri Department of Social Services, No. 73477 (Mo. App. W.D., October 4, 2011), Martin, J.
Full Summary and Other Cases

Tort Law
Circumstantial evidence can be used to satisfy the requirement under the Dram Shop Act that the person serving alcohol to a visibly intoxicated person did so knowingly. Nokes, et al. v. HMS Host USA, LLC, No.73055 & 73056 (Mo. App. W.D., October 13, 2011), May, J. 
Full Summary and Other Cases

Transportation Law
 Plaintiff employees of trash hauler were properly barred from overtime pay under Federal Labor Standards Act because employees were exempt under the Motor Carrier Act. Graham, et al. v. Town and Country Disposal of Western Missouri, No. 2011 WL4378005 (Mo. App. W.D., Sept. 20, 2011), Laughrey, J.
Full Summary and Other Cases

Workers' Compensation
“Compensation” includes the value of medical expenses paid for purposes of application of the 15% safety penalty of § 287.120.4 RSMo. Hornbeck v Spectra Painting, No. 95680 (Mo. App. E.D., September 6, 2011), Richter, J.
  Full Summary and Other Cases