State ex rel. Ashby Road Partners, LLC v. State Tax Commission[1]
Opinion handed down August 4, 2009.
Link to Mo. Sup. Ct. Opinion

I. Introduction

The Supreme Court of Missouri held that the State Tax Commission of Missouri could require a complaining taxpayer to provide evidence of the true market value of the properties in dispute, that the tax commission is not bound to accept the true market value originally calculated by the assessor, and that, while the assessor cannot advocate for a higher assessed value than the one he determined for the relevant assessment period, he is free to put forth evidence of higher true market value in defense of a discrimination claim.

Weigand v. Edwards
Opinion handed down August 4, 2009[1]
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that a father who owed more than $10,000 in child support had to post a bond for the owed amount before he could petition the courts for modification of child custody. The court found that the statute requiring a bond in the full amount owed does not violate the due process or equal protection clauses of the United States or Missouri Constitutions under a balancing of interests test. Likewise, the court found that the statute is not an unreasonable or arbitrary barrier in violation of the open courts provision of the Missouri Constitution. The court affirmed the lower court’s dismissal of Edward’s petition.

Jones v. Mid-Century Insurance
Opinion handed down June 30, 2009[1]
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri addressed whether a particular car insurance policy reduced the amount an insured motorist could recover from an accident with an underinsured individual. The court looked at whether this amount was reduced by deducting the amount the insured motorist received from the underinsured individual from the coverage limit of the insurance policy or by deducting the amount received from the motorist’s total damages and then applying the policy’s coverage limit. The Supreme Court of Missouri determined that the particular insurance contract deducted the amount received from the motorist’s total damages and then applied the policy’s coverage limit. The reasoning behind the court’s holding is not clear because, while the court appears to rely on the proposition that inconsistencies in an insurance contract are resolved in favor of the insured, the court asserts that the contract can be interpreted in a manner that gives meaning to all subsections of the contract.

Miller v. Missouri Highway and Transportation Commission[1]
Opinion handed down June 30, 2009
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that a worker's injury, suffered while at work but not caused by the work itself, did not arise out of his employment and therefore did not entitle him to workers' compensation benefits.

State ex rel. Henley v. Bickel[1]
Opinion handed down June 16, 2009
Link to Mo. Sup. Ct. Opinion

The Supreme Court of Missouri held that the trial court abused its discretion when it allowed plaintiffs to sue an automobile passenger under joint venture and master-servant theories for negligence arising from a motor vehicle accident and made absolute the passenger’s writ of prohibition to prevent the lawsuit. The majority found that the plaintiffs’ petition did not plead sufficient facts to show the passenger had a “realistic right of control” under either theory.[2] Judges Fischer and Teitelman dissented, arguing that the “normal rules of procedure” provided a remedy and the issuance of the writ circumvented the trial court and appellate processes.[3]

Doe v. Keathley

Opinion handed down June 16, 2009. [1]
Link to Mo. Sup. Ct. Opinion

I. Introduction

The Missouri Supreme Court held that the federal Sexual Offenders Registration and Notification Act (SORNA) imposes an independent obligation on sex offenders living in Missouri to register, even if they would not been required to register under state law.