Tuesday, October 30, 2007

Clevenger v. Oliver Insurance Agency[1]

Opinion handed down October 30, 2007.
Link to Supreme Court Opinion

The Missouri Supreme Court reversed a jury award for the Appellants and held that they were not entitled to recovery under the equitable theory of promissory estoppel because equitable relief cannot lie where a party has an adequate remedy at law.

Edwards v. Gerstein[1]

Opinion handed down October 30, 2007

Where a chiropractor sued a state regulatory board for gross negligence and malicious prosecution, the Missouri Supreme Court held that, by virtue of the language of the governing statute, the board did not enjoy quasi-judicial immunity from the gross negligence claim.

Department of Social Services, Division of Medical Services v. Little Hills Healthcare[1]

Opinion handed down October 30, 2007

The Missouri Supreme Court held that the Administrative Hearing Commission correctly determined that the Department of Social Services, Division of Medical Services’ method of calculating “estimated Medicaid days” for Medicaid providers constituted a rule subject to the rule promulgation requirements of the Missouri Administrative Law Act.

State ex rel. City of Jennings v. Riley[1]

Opinion handed down October 30, 2007

The Supreme Court held that venue in a tort cause of action is determined by RSMo § 508.010.4, where the injury occurred, and not RSMo § 508.050, where the municipal corporation is located.

State ex rel. Office of the Public Counsel v. The Public Service Commission of the State of Missouri[1]

Opinion handed down October 30, 2007

The Missouri Supreme Court held that the Office of Public Counsel was entitled to a writ of mandamus requiring the Public Service Commission to vacate its December 29, 2006 approval and January 1, 2007 implementation of Empire District Electric Company's proposed rate tariffs because the Commission abused its discretion when it failed to provide Public Counsel with a reasonable period of time to seek review of the order.