Courts Bulletin - 12-June

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

Complaint to immediately suspend nurse’s license denied for failure to show the nurse’s conduct was a clear and present danger to the public health and safety. State Board of Nursing v. Beard, No. 12-0743 BN (Mo. A.H.C., May 23, 2012), Dandamudi, C. 
Full Summary and Other Cases

Bankruptcy Law

U. S. Supreme Court holds that secured creditor may not be barred from credit-bidding by terms of a Chapter 11 plan that calls for an auction sale of the collateral. Radlax Gateway Hotel, LLC v. Amalgated Bank, No. 11-166 (May 29, 2012). 
Full Summary and Other Cases

Constitutional Law
Missouri Constitution did not bar midterm increase in compensation of prosecuting attorney. State of Missouri ex rel., George v. Verkamp et al., No. 92219 (Mo. banc, May 14, 2012) Draper, J.
Full Summary and Other Cases  

Criminal Law
Possession of child pornography statute is ambiguous as to the unit of prosecution wherein it prohibits possession of “any obscene material” with a child as an observer or participant in sexual conduct. State v. Liberty, No. 91821 (Mo. banc, May 29, 2012), Stith, J.
Full Summary and Other Cases  

Juvenile Law
Termination of Parental Rights (TPR) for failure to rectify affirmed where child was in care for many years, conditions which led to assumption of jurisdiction still existed and there was little likelihood that the conditions would be remedied at an early date. The court properly evaluated the four aggravating factors, and the considered the impact of present conduct on the potential for future harm. TPR held in the best interests of the child even though there was mutual love and the Guardian Ad Litem (GAL) opposed TPR. In Interest of I.G.P., No. 74598 (Mo. App. W.D., June 12, 2012), Smart, Jr., J.
Full Summary and Other Cases  

Property Law
Applying the Missouri Condominium Property Act and the Uniform Condominium Act, one must still strictly construe and give effect to the declaration of condominium so as not to contravene the Declaration. Epstein, et al. v. Villa Dorado Condominium Association, Inc., Nos. 96777 & 96778 (Mo. App. E.D., April 10, 2012), Crane, P.J.
Full Summary and Other Cases  

Tort Law
 Public duty doctrine does not expand a government entity’s sovereign immunity beyond what is intended by the statute establishing exceptions to sovereign immunity. Benson v. Kansas City, Missouri, Board of Police Commissioners, No. 74283 (Mo. App. W.D., May 15, 2012), Martin, J.
Full Summary and Other Cases  

Workers' Compensation Law
The Veterans Administration does not have the right to intervene in a Missouri Worker’s compensation claim. United States Department of Veterans Affairs v. Boresi, Chief Administrative Law Judge, No. 97042 (Mo. App. E.D., March 20, 2012), Romines, J. 
Full Summary and Other Cases