Missouri Lawyers Media » Administrative opinion

Driver’s License: Test Refusal – Blood Sample – Search Warrant

Bender v. Director (MLW No. 61171/Case No. ED93522 – 5 pages) (Missouri Court of Appeals, Eastern District, Ahrens, J.)

Driver’s License: Suspension – Financial Responsibility – Hearing

Linhardt v. Director (MLW No. 61164/Case No. ED94178 – 4 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Appellate Practice: Inadequate Brief – Rule 84.04

Metropolitan St. Louis Sewer District v. Tomax Development Corporation (MLW No. 61166/Case No. ED93955 – 4 pages) (Missouri Court of Appeals, Eastern District, Baker, J.)

Taxation: Use Tax Exemption – Kitchen Equipment – ‘Plants’

Brinker Missouri, Inc. v. Director of Revenue (MLW No. 61198/Case No. SC90463 – 17 pages) (Supreme Court of Missouri, Stith, J.; Teitelman, Russell, Wolff, Breckenridge and Fischer, JJ., concur; Price, C.J., dissents in separate opinion filed)

Administrative: Permit Application – Quarry Expansion – Judicial Review

Lake Ozark/Osage Beach Joint Sewer Board, et al. v. Missouri Department of Natural Resources, Land Reclamation Commission, et al. (MLW No. 61191/Case No. WD71299 – 11 pages) (Missouri Court of Appeals, Western District, Welsh, J.)

Driver’s License: DWI – Breath Test Refusal – Probable Cause

Southards v. Director (MLW No. 61177/Case No. SD30258 – 8 pages)

Elections: Initiative Petition – Mootness

Busch, et al. v. Carnahan (MLW No. 61123/Case No. WD72257 – 4 pages) (Missouri Court of Appeals, Western District, Ellis, J.)

Elections: Ballot Initiative Summary – Discovery – Puppy Mill Act

State ex rel. Humane Society of Missouri v. Beetem (MLW No. 61035/Case No. WD72661 – 7 pages) (Missouri Court of Appeals, Western District, Howard, J.)
Where a taxpayer challenged a summary statement for a ballot initiative petition for the Puppy Mill Cruelty Prevention Act as “insufficient and unfair,” a preliminary writ of prohibition is made absolute [...]

Driver’s License: CDL Disqualification – DWI – Conviction

Baber v. Director of Revenue (MLW No. 61092/Case No. WD71620 – 6 pages) (Missouri Court of Appeals, Western District, Smart Jr., J.)
Where a driver’s base driving privilege was suspended as the result of a DWI, and the driver did not appeal the suspension, the trial court erred in reversing the disqualification of the driver’s commercial [...]

Constitutional: Inmate Action – Personal Property – Mootness

Goldsby v. Lombardi (MLW No. 61090/Case No. WD72183 – 5 pages) (Missouri Court of Appeals, Western District, per curiam)
Where an inmate brought an action arguing that a statute authorizing the Department of Corrections to make rules is void for vagueness and as injunctive relief the inmate sought the return of his denim jacket, which was [...]

Administrative: Nursing Home Abuse – Employee Disqualification List – Expert Testimony

Stone v. Department of Health and Senior Services (MLW No. 61091/Case No. WD71813 – 7 pages) (Missouri Court of Appeals, Western District, Newton, J.)
Where a nurse was placed on the employee disqualification list for 18 months after the Department of Health and Senior Services found that she abused a resident of a long-term care facility [...]

Civil Practice: Subject Matter – Jurisdiction – Feres Doctrine – Dual-Status National Guard Member

Wetherill v. Geren, et al. (MLW No. 61072/Case No. 09-3334 – 17 pages) (U.S. Court of Appeals, 8th Circuit, Ebel, J.)
Where a dual-status National Guard technician of Asian-American origin brought a lawsuit against military defendants arguing that the revocation of a waiver of her mandatory retirement date was motivated by sex and national origin, the [...]

Administrative: FEMA – Exhaustion Of Remedies – New Technical Information

Great Rivers Habitat Alliance v. Federal Emergency Management Agency, et al. (MLW No. 61065/Case No. 09-3183 – 9 pages) (U.S. Court of Appeals, 8th Circuit, Riley, C.J.)
Where appellants challenged a decision by the Federal Emergency Management Agency to revise a flood insurance rate map, the case was properly litigated under the National Flood Insurance Act, [...]

Driver’s License: DWI – Lawful Arrest

Mason v. Director (MLW No. 61029/Case No. SD30160 – 5 pages) (Missouri Court of Appeals, Southern District, Francis, J.)

Constitutional: Judicial Campaign Restrictions – First Amendment – Minnesota Law

Wersal v. Sexton, et al. (MLW No. 60972/Case No. 09-1578 – 54 pages) (U.S. Court of Appeals, 8th Circuit, Beam, J.)
(1)Where a candidate for election to the Minnesota Supreme Court challenged provisions of the state’s Code of Judicial Conduct as infringing on his First Amendment rights, the endorsement clause, which prohibits a judicial candidate from [...]

Constitutional: City Ordinance – First Amendment – Obstruction Of Justice

McDermott v. Royal, et al. (MLW No. 60967/Case No. 09-3167 – 5 pages) (U.S. Court of Appeals, 8th Circuit, per curiam)
Where a plaintiff brought a constitutional challenge to a city ordinance on obstruction of justice, the terms used in the ordinance covered only physical acts or fighting words and do not give officers unfettered discretion [...]

Administrative: Attorney’s Fees – FICA Tax Refund – Prevailing Party

Center for Family Medicine, et al. v. U.S. (MLW No. 60963/Case No. 09-2780 – 8 pages) (U.S. Court of Appeals, 8th Circuit, Riley, J.)
Where appellants sought refunds for Federal Insurance Contributions Act taxes collected on stipends paid by the appellants to medical students and the district court found the appellants were entitled to a refund [...]

Administrative: State Employee – Termination – Notice

Stacy v. Harris (MLW No. 60993/Case No. SD29845 – 15 pages) (Missouri Court of Appeals, Southern District, Burrell, J.)
Where a Missouri Department of Health merit employee received two disciplinary letters from his employer outlining the specific details of the incidents that would be subject to its disciplinary investigation, the letters alleged the employee’s involvement in [...]

School Districts: Charter Schools – Unfunded Mandate – Hancock Amendment

School District of Kansas City, Missouri, et al. v. State of Missouri, et al. (MLW No. 61004/Case No. SC90323 – 23 pages) (Missouri Supreme Court, Stith, J.)
(1) Even though the amount paid to the school districts by the state is based on a per pupil formula and when the school district student transfers to a [...]

DWI: Driver’s License – Reinstatement – Contested Facts

White v. Director of Revenue (MLW No. 61003/Case No. SC90400 – 26 pages) (Missouri Supreme Court, Breckenridge, J.) (Price, J. – Concurring)
Even though a driver’s blood alcohol content was above the legal limit when it was tested at the jail after the driver was arrested on probable cause of driving while intoxicated, the Missouri legislature [...]