Courts Bulletin - 12-Jan

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
Physician’s license subject to discipline for physician’s failure to submit to evaluation after argument with patient’s mother. State Board of Registration for Healing Arts v. Johnson, No. 10-2118 HA Mo. A.H.C., December 22, 2011), Winn, C.
Full Summary and Other Cases
 

Administrative Law
Expert testimony and recitations on credibility are unnecessary. Stone v. Missouri Department of Health & Senior Services, 350 S.W.3d 14 (Mo. banc, July 19, 2011), Breckenridge, J.
Full Summary and Other Cases

Bankruptcy Law
Debtor’s intentional omission of material disclosures in bankruptcy statements and schedules is not excused by the debtor’s alleged misunderstanding of the applicable legal standard required for such disclosures in an objection to discharge filed under 11 U.S.C. § 727(a)(4)(A). Lincoln Savings Bank v. Jay Freese (In re Freese), case 11-6055, (B.A.P. 8th Circuit December 14, 2011), Schermer, with Venters and Saladino, JJ.
Full Summary and Other Cases

Contract Law
Summary judgment reversed for failure to establish that no material factual disputes existed or that judgment was appropriate as a matter of law. Melson v. Traxler, No. 72795 (Mo. App. W.D., November 1, 2011), Martin, J.
Full Summary and Other Cases

Criminal Law
Knowing and intelligent waiver of post conviction rights as part of a post-trial sentencing bargain is valid and enforceable. Defense counsel’s potential conflict of interest does not render the guilty plea unknowing, involuntary or unintelligent. Krupp v. State, No. 91613 (Mo. banc, December 6, 2011), Fischer, J.
Full Summary and Other Cases

Elder Law
When an individual does not exhaust her administrative remedies, and because the state has an important interest in administering Medicaid benefits, the federal court does not have jurisdiction. Hudson v. Campbell (8th Cir., No. 10-3025, December 15, 2011)
Full Summary and Other Cases

Juvenile Law
Termination of parental rights for parental unfitness is affirmed where factors related to father’s lengthy incarceration render father unfit for the reasonably foreseeable future. Father is incarcerated out of state, and is thus unable to receive services or have visitation. Further, he is not expected to be released until 2016, he was unable to establish a bond before being sent to prison due to the young ages of the children, he has no other relatives willing or able to care for the children, and upon release from prison, he would have to begin the process of working on parenting skills and establishing a bond with the children – a process that could take years. In Interest of C.S. and C.S., Jr., No. 73782 (Mo. App. W.D., November 1, 2011), Mitchell, P.J.
Full Summary and Other Cases

Labor Law
Resigning to access funds from a 401(k) account does not constitute resignation for good cause. Timothy Schweitzer v. Sinak Plumbing and Division of Employment Security, No. 96337 (Mo. App., E.D., November 8, 2011), Romines, J.
Full Summary and Other Cases

Local Government
City’s “red light camera” ordinance held constitutional. City of Creve Coeur v. Nottebrok, No. 96396 (Mo. App. E.D., October 25, 2011), Dowd, P.J.
Full Summary and Other Cases

Probate & Trust Law
A fiduciary has standing to appeal on behalf of a beneficiary aggrieved by a court’s decision but has no standing to appeal based on the fiduciary’s own personal interests. In the Matter of Knichel, No. 95909 (Mo. App. E.D., August 16, 2011), Ahrens, P.J.
Full Summary and Other Cases

Public Service Commission
Communication between a commissioner and a public utility representative forbidden even when no case is pending, however, the appearance of impropriety does not outweigh the presumption of impartiality. State ex rel. Praxair, Inc. v. Missouri Public Service Commission, 344 S.W.3d 178 (Mo. banc, August 20, 2011), reh’g denied.
Full Summary and Other Cases

Tort Law
Evidence of Plaintiff’s THC (Tetrahydrocanniabinol) blood level 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

Workers' Compensation
Injury to claimant police officer’s neck occurred “in the course of claimant’s employment” where the injury occurred when claimant was cleaning his patrol car’s windshield. Whiteley v. City of Poplar Bluff, No. 31287 (Mo. App. S.D., October 11, 2011), Francis, Jr., P.J.
Full Summary and Other Cases