Courts Bulletin - 12-Mar

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
Electrician “laid off” by contractor entitled to back pay and damages for humiliation, emotional distress, and violation of civil rights because contractor perceived him as being disabled by systemic lupus, even though he only had lesser form of disease. State ex rel. Bay v. Ashcraft & Assocs. Electrical Contractors, Inc., No. 10-0005 HRC (Mo. AHC, February 12, 2012), Winn, C.
Full Summary and Other Cases

Administrative Law
Unpublished amendment is no basis for decision. Wilson v. Division of Employment Security, No. 73746 (Mo. App. W.D., January 31, 2012), Ellis, J.
Full Summary and Other Cases

Bankruptcy Law
Bankruptcy court erred in finding for defendants at close of plaintiffs’ evidence in action for nondischargeability of debt due to actual fraud. Bauer v. Gilmartin (In re Gilmartin), No. 11-6014 (B.A.P. 8th Cir., November 16, 2011).
Full Summary and Other Cases

Contract Law
A “no oral modifications” clause does not preclude subsequent oral modification of a contract when the parties engage in modification by valid contractual formalities. Jennings v. SSM Health Care St. Louis, No. 96364 (Mo. App. E.D., December 20, 2011), Richter, J.
Full Summary and Other Cases  

Criminal Law
Insufficient evidence of constructive possession of drugs hidden in a house shared with another. State v. Ramsey, No. 30846 (Mo. App. S.D., February 16, 2012), Scott, J.
Full Summary and Other Cases

Family Law

Under § 452.377, RSMo, relocation of child’s residence requires strict compliance to statutorily required notice before strict compliance with time to file objection to relocation is required. Abraham v. Abraham, No. 31099 (Mo. App. S.D., October 26, 2011), Rahmeyer, J.
Full Summary and Other Cases


Juvenile Law
Termination of parental rights (TPR) for neglect reversed where there was no evidence of either a current chemical dependency or a current failure to provide food, clothing, shelter or education. TPR for failure to rectify is also not supported by sufficient evidence where Father has not been in jail since 2004 and where there is no evidence that contact between Mother and the child is potentially harmful to the child. Judgment taxing one-half of appointed counsel’s fee to Father is reversed as § 211.462 only permits taxing of such fees to the county or the agency having legal or actual custody of the child. In Interest of C.J.G., Nos. 31238 and 31239 (Mo. App. S.D., January 30, 2012).
Full Summary and Other Cases  

Labor Law
Eastern District Court of Appeals reinstates several claims doctor brought against former employer for failure to pay him severance. Jennings v. SSM Health Care St. Louis, No. 96364 (Mo. App. E.D., December 20, 2011), Richter, J.
Full Summary and Other Cases  

Property Law
Constitutionality of §§ 523.039 and 523.061, RSMo, concerning condemnation awards enhanced by homestead taking was properly pled and preserved with reference to Article I, § 26 of the Missouri Constitution (first impression) to transfer to the Missouri Supreme Court (subsequently dismissed by parties). City of Richmond Heights v. Gasway, et al., No. 95791 (Mo. App. E.D., September 20, 2011), Mooney, J. 
Full Summary and Other Cases

Tort Law
An offer of proof of excluded testimony not required when there is a complete understanding of the excluded testimony, the objection is to a whole category of evidence, and the excluded evidence would have helped the proponent. Marchosky v. St. Luke’s Episcopal-Presbyterian Hospitals, No. 95992 (Mo. App. E.D., January 17, 2012), Clayton, J. 
Full Summary and Other Cases