Courts Bulletin - 12-October

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
Counselor-in-training not entitled to licensure because she failed to meet with supervisor regularly, and because supervisor’s recommendations were largely poor. Vest v. Committee for Professional Counselors, No. 10-0262 PC (Mo. A.H.C., September 14, 2012), Chapel, C.
Full Summary and Other Cases  

Administrative Law
Agency’s action for enforcement constituted review of non-contested case. State of Missouri ex rel. Chris Koster, et al. vs. Morningland of the Ozarks, LLC, et al., No. 31390 (Mo. App. S.D., September 27, 2012), Rahmeyer, J.
Full Summary and Other Cases  

Civil Practice and Procedure
Implied right of action under § 260.247 RSMo. American Eagle Waste Industries, LLC, et al. v. St. Louis County, Missouri, No. 92072 (Mo. banc, July 31, 2012), Per Curiam.
Full Summary and Other Cases  

Criminal Law
Driving a non “street legal” dirt bike on private property while intoxicated was not a crime. State v. Slavens, No. 31613 (Mo. App. S.D., September 12, 2012), Francis, J.
Full Summary and Other Cases

Employee Benefits
Where pension benefits are paid according to the terms of the plan (contract), there is no basis for a claim of unconstitutionality under the equal protection clause, the due process clause, or the impairment of contracts clause of the Missouri Constitution. Beard, et al. v. Missouri State Employees’ Retirement System, et al., No. 92142 (Mo. banc, August 28, 2012), Draper III, J.
Full Summary and Other Cases  

Environmental and Energy Law
Evidence of damages through date of trial was proper in temporary nuisance case. McGuire, et al. v. Kenoma, LLC, et al., No. 74022 (Mo. App. W.D., June 26, 2012), Witt, J.
Full Summary and Other Cases  

Family Law
Child custody judgment set aside because custody routine the parties had used pendente lite led the father to believe a judgment consistent with that schedule would be entered. Lewis v. Lewis, No. 31663 (Mo. App. S.D., August 23, 2012), Rahmeyer, J.
Full Summary and Other Cases  

Insurance Law
In rescission action, automatic termination clause in Golden Rule Insurance Company’s health insurance clause was found ambiguous but ambiguity was not relevant to provisions upon which the insurance company sought rescission—judgment in favor of insured’s reversed. Judgment was affirmed in favor of insureds with respect to PacifiCare Life and Health Insurance Company’s claim for rescission based on alleged misrepresentation of residency. Golden Rule Ins. Co. v. R.S., et al., No. 72578. (Mo. App. W.D., June 19, 2012), Mitchell, P.J.
Full Summary and Other Cases  

Juvenile Law
Mother’s appeal is dismissed where mother appealed after the adjudication, but prior to the disposition hearing and judgment because the finding of jurisdiction order issued after the adjudication phase is not appealable. In Interest of M.P.R., No. 98026 (Mo. App. E.D., October 16, 2012), Clayton, J.
Full Summary and Other Cases  

Labor Law
Employee discharged for calling employer a liar and telling boss’s wife to be quiet found eligible for employment benefits because his behavior did not constitute misconduct. Scott v. Division of Employment Security, No. 74587 (Mo. App. W.D., September 4, 2012) Hardwick, J.
Full Summary and Other Cases  

Probate and Trust Law
The right of election by a surviving spouse may be waived before or after marriage, but only after full disclosure of the extent of that right. In re: The Estate of Charles Ray Cassidy, No. 30025 (Mo. App. S.D., November 16, 2011), Bates, J.
Full Summary and Other Cases  

Public Service Commission
Affiliate transaction was not unlawful. Office of Public Counsel vs. Missouri Public Service Commission, No. 74714 (Mo. App. W.D., September 18, 2012), Howard, P.J.
Full Summary and Other Cases