Courts Bulletin - 12-Apr

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
Plant owner not entitled to exemption from use tax for chemicals or fuels used in manufacturing chemicals. BASF Corp. v. Director of Revenue, No. 08-0543 RS (Mo AHC, February 22, 2012), Winn, C. 
Full Summary and Other Cases

Administrative Law
Special circumstances increase attorney fee award. Gasconade County Counseling Services, Inc. v. Missouri Department of Mental Health, No. 95457 (Mo. App. E.D., December 20, 2011), Romines, J. 
Full Summary and Other Cases

Civil Practice and Procedure
Medical or psychiatric evidence that is relevant is always discoverable. State ex rel. BNSF Railway Co. v. The Hon. Mark H. Neill, No. 96814 (Mo. App. E.D., December 27, 2011), Syler, J. 
Full Summary and Other Cases  

Criminal Law
Petitioner granted habeas corpus relief, resulting in resentencing, where his attorney failed to perfect notice of appeal and petitioner did not discover the dereliction until after the deadline for filing a late appeal or postconviction action. In re: Ewing v. Denney, No. 74807 (Mo. App. W.D., March 6, 2012), Martin, J.
Full Summary and Other Cases  

Family Law
Paternity action by Oklahoma resident for benefit of Oklahoma child against a resident of Spain brought in Missouri court confers subject matter and personal jurisdiction to determine child support and reimbursement for necessaries where child was conceived in the state of Missouri. K.M.G v. M.A.J., No. 96677 (Mo. App. E.D., January 31, 2012), Dowd, J.
Full Summary and Other Cases  

Property Law
Doctrine of merger requires complete unity of title in both dominant and servient estates to effect extinguishment of easement. Maune, et al. v. Beste, et al., No. 96177 (Mo. App. E.D., October 25, 2011), Ahrens, C. 
Full Summary and Other Cases  

Public Service Commission
When Public Service Commission’s conclusions of law stand on findings of fact that have evidentiary support in the record, courts affirm commission’s decision. State of Missouri ex rel. Office of Public Counsel v. Public Service Commission and State of Missouri ex rel. Southern Union Company d/b/a Missouri Gas Energy v. Public Service Commission of the State of Missouri, No. 31221 and 31253 (Mo. App. S.D., March 20, 2012), Francis, Jr., P.J. 
Full Summary and Other Cases  

Tort Law
EMTs employed by city-owned ambulance services are protected by official immunity only when the acts in question are discretionary and not ministerial. Richardson v. Burrow, No. 97002 (Mo. App. E.D., February 21, 2012), Norton, J.
Full Summary and Other Cases

Workers' Compensation
Use of schedule C deductions as evidence of “special expense” approved and subtracted from gross receipts, including apportioned depreciation, in calculating compensation rate consistent with § 287.150.2, RSMo. Rader v. Werner Enterprises, Inc., No. 95905 (Mo. App. E.D., January, 10, 2012), Cohen, J. 
Full Summary and Other Cases  

Other Areas of Law
Supervisory employee who did not oversee or actively participate in alleged discrimination cannot be personally liable as an employer under the MHRA. Supervisory employee is “supervisor” for purposes of MHRA if employee believed he/she was supervisory regardless of whether he/she actually was. Charge of discrimination for sexual harassment does not exhaust administrative remedies for constructive discharge claim if it contains no mention that complainant has quit and does not describe the actions of non-harrassing employees which caused intolerable conditions. Chukayla Reed v. McDonalds Corp., No. 95895 (Mo. App. E.D., January 24, 2012), Norton, G.
Full Summary and Other Cases