Courts Bulletin - 12-December

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
Contents of Medicaid provider’s deferred prosecution agreement admissible to support termination of provider agreement, even though owner claimed ignorance of filing false claims, and agreement may have been entered under duress. Home Harvest Care, LLC v. Department of Social Services, No. 11-1215 SP (Mo. AHC, November 20, 2012), Nelson, 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, Attorney General, Missouri Department of Agriculture, and Missouri State Milk Board v. Morningland of the Ozarks, LLC, d/b/a Morningland Dairy, No. 31390 (Mo. App. S.D., September 27, 2012), Rahmeyer, J.
Full Summary and Other Cases  

 
Criminal Law
Section 556.036 which allows the statute of limitations to be tolled by the filing of a complaint does not violate the Missouri Constitutional provision prohibiting felony prosecutions other than by indictment or information. State v. Mixon, No. 92230 consolidated with 92450 (Mo. banc, November 13, 2012), Fischer, J.
Full Summary and Other Cases  

 
Elder Law
Updated Figures for VA, Social Security and MO HealthNet
Full Summary and Other Cases  

 
Family Law
Child custody choice of jurisdiction between original state (Illinois) and Missouri where Illinois was the “home state” of the children when competing actions over custody were begun – Illinois wins. Al-Hawarey v. Al-Hawarey, No. 97993 (Mo. App. E.D., November 6, 2012), Wald, J.
Full Summary and Other Cases

 
Juvenile Law
Where Third Amended Petition for Custody alleged sufficient facts for a claim of third party custody under § 452.375.5(5)(a), dismissal of said petition for failure to state a claim is reversed and the case remanded. Third Amended Petition sufficiently alleged facts that both parents were unfit, that it would be in child’s best interests to award third party custody to Petitioner and that Petitioner is suitable and able to provide an adequate and stable environment for the child. In re T.Q.L., No. 92442 (Mo. banc December 18, 2012), Russell, J.
Full Summary and Other Cases  

 
Labor Law
The claimant was ineligible for unemployment benefits until she paid the full penalty assessed against her for overpayment of benefits due to fraud. Dana Martin v. Division of Employment Security, No. 97877 (Mo. App. E.D., October 23, 2012), Odenwald, J.
Full Summary and Other Cases  

 
Local Government
Statute exempting firefighters from residency requirement does not violate constitutional prohibition against legislative interference with a charter city’s employment authority and is not an unconstitutional special law. City of St. Louis v. State of Missouri, No. 92159 (Mo. banc, November 13, 2012), Stith, J.
Full Summary and Other Cases  

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