Courts Bulletin - 11-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
Retaliatory tax validly charged against Kansas-based insurer, because Kansas imposed charges on Missouri-based workers’ compensation insurers that Missouri did not impose on the Kansas-based insurer. Midwest Builders’ Casualty Ins. Co. v. Director of Revenue, et al., No. 10-1964 RG (Mo. AHC, Aug. 15, 2011), Dandamudi, C.
Full Summary and Other Cases

Bankruptcy Law
When there is no change in payment practices for more than one year before Chapter 11 case filed, plaintiff cannot overcome ordinary-course-of-business defense merely by proof of larger invoices and payments in the 90-day look back period than those in the time before the look back period. Continentalafa Liquidation Trust v. Human Resources Staffing (In re Continentalafa Dispensing Co.) adv. no. 10-4213-659 (Bankr. E.D. Mo., May 9, 2011). 
Full Summary and Other Cases

Criminal Law
Where the transcript shows Defendant received concurrent sentences, the written judgment must reflect that, even if the parties recalled otherwise. Shaw v. State, No. 30814 (Mo. App. S.D., August 17, 2011), Bates, J.
Full Summary and Other Cases

Elder Law
Updates for MO HealthNet Applicants/Beneficiaries
Full Summary and Other Cases

Family Law
Attorney previously consulted by a prospective client in divorce case is not barred from subsequent representation of ex-spouse of prospective client in modification action absent proof that confidential information was previously provided that could be significantly harmful in current case. State ex rel., et al. v. Dueker, No. 96570 (Mo. App. E.D., August 9, 2011), Crane, J.
Full Summary and Other Cases

Juvenile Law
(1) Father, listed on birth certificate, is properly appointed as next friend as he is on birth certificate under Uniform Parentage Act. Rule 52.02(a) prevails over the statute, and father is properly appointed next friend under the Rule as the Rule allows any interested party to be appointed next friend. (2) Appointment of a GAL is necessary when abuse or neglect of a child is alleged, but not every matter touching on the fitness of a parent is abuse or neglect. Allegation that father did not change diapers when necessary does not require appointment of GAL. In re the matter of R.A.D., a minor child, et al., No. 31032 (Mo. App. S.D. August 16, 2011), Barney, J.
Full Summary and Other Cases

Local Government
County obligated to compensate utility for the forced relocation of its gas lines within a roadway easement; primary purpose of the plat dedication as a road, and any priority in the timing of the dedication or the location of the dedication in the plat instrument, was irrelevant. St. Charles Co. v. Laclede Gas Co., No. 91539 (Mo. banc, August 30, 2011), Teitelman, J.
Full Summary and Other Cases

Medical Malpractice
 Continuing care tolling provision may extend past the patient’s last visit to the doctor if there is evidence of future treatment contemplated by the physician or patient and no evidence the relationship was terminated. Norman v. Lehman, M.D., No. 95661 (Mo. App. E.D., July 26, 2011), Ahrens, C.
Full Summary and Other Cases

Property Law
Plain error committed when judicial admissions conceding the limits of the trial evidence to be presented are exceeded by the judgment entered. The Empire District Electric Company v. Coverdell, et al., Nos. 30560 & 30557(Mo. App. S.D., June 3, 2011)
Full Summary and Other Cases

Workers' Compensation
A surveillance video tape taken of a claimant is discoverable by use of a subpoena duces tecum, even though it is otherwise not a statement as defined in Section 287.215, RSMo 2005. State ex rel., et al. v. Bob Sight Ford, Inc., No. 72969 (Mo. App. W.D., May 31, 2011), Hardwick, C.J.
Full Summary and Other Cases