Courts Bulletin - 12-September

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 Law
Collateral attack on decision requires evidence. State of Missouri vs. Superior Manufacturing, et al., No. 74730 (Mo. App. W.D., Aug. 21, 2012), Smart Jr., J.
Full Summary and Other Cases  

Bankruptcy Law
Bankruptcy doctrine of recoupment does not have an equitable balancing test separate from the same-transaction test. Terry v. Standard Insurance Company, No. 11-2582 (8th Circuit August 3, 2012), Wollman, Colloton, and Benton, Js.
Full Summary and Other Cases  

Constitutional Law
Section 116.175, which requires the state auditor to assess the fiscal impact of proposed ballot initiatives and prepare a fiscal note and summary does not violate Article IV of the Missouri Constitution. Brown v. Missouri Secretary of State Robin Carnahan, et al. No.92582 (Mo. banc, July 31, 2012), Per Curiam.
Full Summary and Other Cases  

Criminal Law
Claims of ineffective assistance of postconviction counsel are categorically unreviewable. Yarberry v. State, No. 31468 (Mo. App. S.D., August 13, 2012), Francis Jr., J. 
Full Summary and Other Cases

Juvenile Law
Judgment assuming jurisdiction for emotional abuse is reversed where mother, showing concern for an injured child, made repeated hotlines based upon facts, but which were unsubstantiated by investigators after multiple interviews of the children. Mother cannot control the number of interviews of her children by investigators. Taking pictures of a child’s genitals is not abuse when the pictures are taken to document injuries and then given to the Guardian Ad Litem (GAL) and to investigators. In Interest of B.T.C., E.L.C., R.A.C. and A.B.C., Nos. 31601, 31602, 31603 and 31604 (Mo. App. S.D., September 11, 2012), Rahmeyer, J.
Full Summary and Other Cases  

Labor Law
Employees not restricted from soliciting customers they did not deal with during their employment; employer did not have protectable interest in prospective customers. Whelan Security Co. v. Kennebrew, Sr., et al, No. 92291 (Mo. banc, August 14, 2012), McShane, M.B.
Full Summary and Other Cases  

Local Government
County violation of statute requiring two-year notice to waste haulers before taking over hauling services impliedly actionable under the statute. American Eagle Waste Industries v. St. Louis County, No. 92702 (Mo. banc, July 31, 2012), Per Curiam.
Full Summary and Other Cases  

Transportation Law
Two year Kansas statute of limitations applies even though medical treatment was not sought by Plaintiff until several hours after the accident, at a Missouri clinic. Plaintiff’s injury held to be ‘capable of ascertainment’ at the time of the accident, even though the Kansas police report reported no personal injury. State of Missouri ex rel. Old Dominion Freight Line v. Dally, No. 31711 (Mo. App. S.D., June 14, 2012), Francis, Jr., P.J.
Full Summary and Other Cases  

Workers' Compensation
The “compensation” awarded against the Second Injury Fund is not to be included in the calculation of the Employer’s 15% penalty for violation of a statute consistent with § 287.120.4, RSMo. Hornbeck v. Spectra Painting, No. 92116 (Mo. banc, July 31, 2012), Russell, J.
Full Summary and Other Cases