Courts Bulletin - 12-May

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
Cosmetologist’s license not subject to discipline due solely to her graduation from online high school or college.  Missouri Bd. of Cosmetology and Barber Examiners v. Nguyen, No. 10-2378 CB (Mo. AHC, May 4, 2012), Dandamudi, C.
Full Summary and Other Cases

Bankruptcy Law
Missouri life insurance statutes do not provide exemptions for a non-qualified deferred variable annuity. In re Bryan, No. 11-6068 (BAP 8th Cir. 3/22/12). 
Full Summary and Other Cases

Constitutional Law
Constitutional challenges to private investigator licensure statute rejected. Gurley v. Missouri Board of Private Investigator Examiners, et al., No. 91741 (Mo. banc, March 6, 2012), Price, J.
Full Summary and Other Cases  

Criminal Law
State’s dismissal of charges after first jury was impaneled and sworn was with prejudice and dismissal served as a bar to the case being re-filed under § 56.087. Double jeopardy question did not need to be reached. State v. Storer, No. 31303 (Mo. App. S.D., April 25, 2012), Lynch, J.
Full Summary and Other Cases  

Family Law
Tort claim brought against ex-husband three years after divorce over same facts barred as collateral attack on dissolution judgment. Reimer v. Hayes, No. 73603 (Mo. App. W.D., April 24, 2012), Welsh, J.
Full Summary and Other Cases  

Labor Law
An employee must deliberately and purposefully disregard an employer’s attendance policy in order to be disqualified for unemployment benefits. Poor judgment does not rise to the level of misconduct connected with work. Welsh v. Mentor Management, Inc., et al., No. 96785 (Mo. App. E.D., January 24, 2012), Dowd, J.
Full Summary and Other Cases  

Property Law
Notice, not duty, is required for inverse condemnation based on nuisance. Miller v. City of Wentzville, Missouri, No. 97251 (Mo. App. E.D., April 17, 2012), Crane, J. 
Full Summary and Other Cases  

Tort Law
Appellant had no right to put on rebuttal testimony from medical expert on causation when he did not identify that expert prior to trial. Khoury v. Conagra Foods, Inc., No. 73084 (Mo. App. W.D., March 6, 2012), Pfeiffer, J.
Full Summary and Other Cases