Tuesday, August 31, 2010

Brewer v. Missouri Title Loans, Inc.[1]

Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri affirmed the trial court’s finding that a class arbitration waiver was substantively unconscionable but reversed the judgment allowing the action to proceed to arbitration. The court ruled that the only appropriate remedy was to strike the entire arbitration agreement.

Peoples Bank v. Frazee[1]

Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri reviewed an action to register a foreign default judgment against the guarantor of a loan. The guarantor filed a limited appearance in order to quash the foreign judgment for a lack of personal jurisdiction. The court held that the guarantor had sufficient minimum contacts for the foreign state to properly exercise personal jurisdiction over the defendant.

Brinker Missouri, Inc. v. Dir. of Revenue[1]

Opinion handed down August 31, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri examined a restaurant corporation’s claim that the purchases of kitchen equipment, non-disposable tableware, furniture and other items are exempt from Missouri’s use tax. The court interpreted the use tax narrowly, holding that restaurants are not entitled to the “production exemption” because they do not qualify as “plants” and that restaurant food service is not the same as manufacturing a product. Additionally, the court held that restaurants are not entitled to the “sale exclusion” because cutlery, furniture, and other items are not permanently transferred to customers and customers are not charged additional consideration for their temporary use.

State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Honorable Edith L. Messina[1]

Opinion handed down August 31, 2010.
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that the Health Insurance Portability and Accountability Act of 1996 (HIPAA)’s general rule that ex parte communications with a litigant patient’s physician are prohibited did not preempt Missouri law because prior Missouri case law never created a right for attorneys to engage in voluntary and informal ex parte communication with a plaintiff’s physician. Rather, Missouri case law only confirmed that, prior to HIPAA, there was no state or federal law that prohibited such informal communications with a plaintiff’s physician. Furthermore, the court held that HIPAA’s regulation allowing disclosure of a patient’s protected health information in the course of “judicial proceedings” does not apply to an informal meeting for ex parte communications. Therefore, the trial court erred in issuing an order advising a plaintiff’s non-party treating physicians that they may or may not participate in informal discovery using ex parte communications because the ex parte meeting is not considered a “judicial proceeding.”

Ruhl v. Lee’s Summit Honda[1]

Opinion issued August 31, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held (1) an agreement to arbitrate disputes regarding the purchase of a vehicle requires arbitration of a claim that a dealer unlawfully charged a fee to prepare legal documents to finance vehicles; and (2) the trial court did not err in declaring a class arbitration waiver unconscionable when a single plaintiff’s recovery would total approximately $800. In sum, the court determined that the claim was within the scope of the arbitration agreement; however, the agreement’s class action waiver was unconscionable and could not be severed from the arbitration agreement.

Monday, August 30, 2010

Watson v. CEVA Logistics U.S., Inc.[1]

Opinion handed down August 30, 2010
Link to Eighth Circuit Opinion

The Eighth Circuit Court of Appeals overturned a ruling by the United States District Court for the Western District of Missouri granting summary judgment in favor of an employer accused of maintaining a racially hostile work environment. In holding that summary judgment was improper, the Eighth Circuit found genuine issues of material fact as to whether the plaintiffs were subjected to a racially hostile work environment and whether the employer appropriately handled the incidents of harassment.

Monday, August 23, 2010

State ex rel. Laughlin v. Bowersox[1]

Opinion handed down August 23, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri discharged a man after he served over fifteen years in prison for burglary and property damage after finding that the circuit court in which the man was convicted and sentenced lacked jurisdiction. The court held that federal courts should have heard the defendant’s case because the offense occurred on federal property and the defendant’s failure to raise the issue of jurisdiction in an earlier proceeding did not bar his petition for habeas corpus relief.

Tuesday, August 3, 2010

White v. Director of Revenue[1]

Opinion issued August 3, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri found that the record supported the trial court’s conclusion that the arresting police officer lacked probable cause to arrest Mr. Adam White for driving while intoxicated. The contested issue of probable cause is viewed in the light most favorable to the judgment. Since the government did not request written findings at trial, the trial court could have disbelieved the director of revenue’s (
director) evidence. Therefore, the trial court’s judgment was not against the weight of the evidence.

State v. Bateman[1]

Opinion handed down August 3, 2010
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that there was sufficient evidence to support a finding of deliberation when a defendant had adequate opportunity to terminate the confrontation, previously threatened the deceased, and brought a deadly weapon to the scene of the crime. Additionally, the court held that the trial court did not err in denying the defense’s Batson challenge when it found that the prosecutor’s strike of an African-American juror during voir dire was not racially motivated.

School District of Kansas City v. State[1]

Opinion issued August 3, 2010
Link to Mo. Sup. Ct. Opinion

In 2005, the Missouri legislature permitted charter schools to become local education agencies within public school districts. School District of Kansas City has a bold impact on state funding to public schools but, because of the law’s language, only affected the Kansas City Missouri School District (“KCMSD”). The KCMSD and three Missouri taxpayers brought suit against the state, arguing that the law violated the Missouri Constitution by allowing transfer of funds from KCMSD to the Kansas City charter schools and by creating an unfunded mandate for school districts to uphold. After a non-jury trial, the circuit court of Cole County rejected KCMSD’s claims and the Supreme Court of Missouri affirmed.