Courts Bulletin - 12-July

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

CUBSUK not an obscene license plate, because most applicable definition of “suck” was non-sexual in nature. Meadows v. Director of Revenue,No. 11-1570 RV (A.H.C., June 18, 2012), Winn, C.
Full Summary and Other Cases

Bankruptcy Law

Eighth Circuit refuses to overturn denial of jury trial and denial of attorneys’ fees in establishing proofs of claim and nondischargeability thereof for copyright infringement. Pearson Education, Inc. v. Almgren (In re Almgren), No. 11-2723 (8th Cir. July 13, 2012).
Full Summary and Other Cases

Criminal Law
Sufficient evidence to support trial court’s finding that arresting officer articulated a reasonable suspicion that criminal activity was afoot when she stopped and conducted a Terry stop. State v. Norfolk, No. 92252 (Mo. banc., June 12, 2012), Fischer, J.
Full Summary and Other Cases  

Elder Law

Full Summary and Other Cases 

Labor Law
Plaintiffs’ alleged agreements to submit claims against Anheuser-Busch, Inc. (A-B) to binding arbitration are not supported by consideration. A-B therefore cannot compel arbitration.Marzette v. Anheuser-Busch, Inc., No. 97160 (Mo. App. E.D., April 17, 2012), Norton, J.
Full Summary and Other Cases  

Labor Law - Federal
Missouri Court of Appeals, Eastern District, reverses and remands the circuit court’s dismissal of an employee’s petition asserting a claim for wrongful discharge in violation of public policy. Delaney v. Signature Health Care Foundation, No. 97419, 2012 LEXIS 694 (Mo. App. E.D., May 22, 2012), Norton, J.
Full Summary and Other Cases  

Taxation Law
Personal Income Tax - Kansas City Earnings Tax Upheld. Dujakovich v. Carnahan, No. 92062 (Mo. banc, July 3, 2012) Draper, J.
Full Summary and Other Cases  

Tort Law
Testimony that Plaintiff had a 45% chance of future surgery as a result of her injuries was admissible. Westerman v. Shogren, No. 74066 (Mo. App. W.D., June 19, 2012), Martin, J.
Full Summary and Other Cases 

Workers' Compensation Law
Pre-award interest on past medical expenses can be properly awarded to a claimant as against the Second Injury Fund. Eason v. Treasurer of the State of Missouri, No.74209 (Mo. App. W.D., May 22, 2012), Welsh, J.
Full Summary and Other Cases