Courts Bulletin - 11-Dec

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
Nurse not subject to discipline for possession of controlled substances because she had a prescription for them. State Bd. of Nursing v. Bonderson, No. 10-1868 BN (Mo. AHC, Oct. 25, 2011), Dandamudi, C.
Full Summary and Other Cases
 

Bankruptcy Law
“Chapter 20” case appealed to Eighth Circuit.  The Bankruptcy Appellate Panel opinion in Fisette v. Keller (In re Fisette), described in the November Bulletin, was appealed to the Eighth Circuit Court of Appeals and is pending there under case no. 11-3119.
Full Summary and Other Cases

Construction Law
Under Missouri’s Mechanic’s Lien Law, contractors who contracted with the agent of the record owner of the subdivision property were considered original contractors under the facts of these circumstances, and, therefore, no notice was required under § 429.100.  River City Drywall, et al. v. Raleigh Properties, Inc., et al., No. 94990 and 94991 (Mo. App. E.D., May 17, 2011), Mooney, J.
Full Summary and Other Cases

Criminal Law
Statements made in conjunction with an SAR were inadmissible as part of a withdrawn guilty plea, pursuant to Rule 24.02(d)(5). State v. Thieman, No. 30818 (Mo. App. S.D., November 10, 2011), Lynch, J.
Full Summary and Other Cases

Family Law
Value of a closely-held corporation must be as fair market value and application of a calculation of value via a buy-sell agreement not related to fair market value is error. Wood v. Wood, No. 96218 (Mo. App. W.D., November 29, 2011), Romines, J.
Full Summary and Other Cases

Juvenile Law
Termination affirmed for parental unfitness and abuse/neglect based upon aggravating factor of failure to support. Parent is required to support child even when in custody of the Division and even absent a court order or request. Continued drug use, including in the presence of the child, and a positive drug test showing use at time of trial or shortly before, is a sufficient predictor of future behavior. Procedural challenges, including failure to order investigation, failure to obtain home study on adoptive parents, and failure to join the juvenile officer as a party, reviewed for plain error, are rejected for lack of showing of manifest injustice. In Interest of D.D.C., No.73294 (Mo. App. W.D., August 16, 2011), Newton, P.J.
Full Summary and Other Cases

Labor Law
Former employee’s failure to complete a required incident report after a resident’s fall did not rise to the level of misconduct connected with work because there was no evidence she knew it was required. Bolden v. Cura, Inc., et al., No. 96276 (Mo. App. E.D., October 25, 2011), Richter, J. 
Full Summary and Other Cases

Tort Law
Evidence of Plaintiff’s THC (Tetrahydrocanniabinol) level in his blood was erroneously admitted without some foundation testimony as to the effect of marijuana use on a person’s behavior and what level of THC indicates intoxication from marijuana. Secrist v. Treadstone, et al., No. 73250 (Mo. App. W.D., November 1, 2011), Witt, J.
Full Summary and Other Cases

Other Areas of Law
A corporate officer is not personally liable for violations of the Telephone Consumer Protection Act unless the officer has actual knowledge of violations of the Act. Hoops & Associates, P.C., v. Financial Solutions and Associates, Inc., et al., No. 96391 (Mo. App. E.D., November 15, 2011) Draper, J.“
Full Summary and Other Cases