Courts Bulletin - 13-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
Licensed professional counselor’s license subject to discipline for inappropriate sexual relationship with patient within 24 months of end of counselor-patient relationship. Missouri Cmte. for Prof’l Counselors v. DeCastro, No. 11-0998 PC (Mo. AHC, May 13, 2013), Dandamudi, C.
Full Summary and Other Cases  

 
Administrative Law
Separately state findings of fact. Edmonds Dental Company vs. Keener, III; Division of Employment Security, No. 75545 (Mo. App. W.D., May 21, 2013), Howard, J.
Full Summary and Other Cases  

 
Civil Practice and Procedure
Choice of law in insurance dispute. The Doe Run Resources Corporation v. Certain Underwriters at Lloyd’s London, et al., No. 98086 (Mo. App. E.D., April 16, 2013)
Full Summary and Other Cases  

 
Criminal Law
Post-conviction time limits run from initial delivery to the Department of Corrections, even where movant is delivered at different times to serve sentences within a single judgment. Swallow v. State, No. 92432 (Mo. banc, May 14, 2013), Breckenridge, J.
Full Summary and Other Cases  

 
Employee Benefits
Eastern District Courts of Appeals refuses to overturn prior decision holding that a health plan for federal employees may enforce a subrogation clause against a plan participant who recovers from a third party tortfeasor because Missouri’s anti-subrogation law is preempted by The Federal Employee Health Benefits Act (“FEHBA”). Nevils v. Group Health Plan, Inc., No. 98538 (Mo. App. E.D., December 26, 2012), Sullivan, J.
Full Summary and Other Cases

 
Public Service Commission
Appeal no bar to further orders. In the Matter of the Determination of Carrying Costs for the Phase-In Tariffs of KCP&L Greater Missouri Operations Company AG Processing, Inc. v. Missouri Public Service Commission and KCP&L Greater Missouri Operations Company, No. 75437 (Mo. App. W.D., May 14, 2013), Mitchell, P.J.
Full Summary and Other Cases

 
Taxation Law in Missouri
Use Tax - Taxpayer not subject to use tax on either its purchase of wastewater treatment chemicals or its purchase of laundering supplies. AAA Laundry & Linen Supply Co. v. Director of Revenue, No. 11-2210RS (Mo. AHC, April 18, 2013), Dandamudi, C.
Full Summary and Other Cases

 
Tort Law
Evidence of subsequent remedial measures undertaken by a non-party is admissible in a negligence case. Emerson v. The Garvin Group, LLC, No. 98536 (Mo. App. E.D., April 23, 2013), Norton, J
Full Summary and Other Cases