Negligence: Ex Parte Communications – Court Order – HIPAA Preemption 

State ex rel. Bobbie Jean Proctor and Vincent Proctor v. Messina (MLW No. 61195/Case No. SC90610 – 24 pages) (Supreme Court of Missouri, Fischer, J.; all concur)

Civil Practice: Foreign Judgment – Personal Jurisdiction – Burden Of Proof 

Peoples Bank v. Frazee (MLW No. 61197/Case No. SC90536 – 18 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Commercial: Warranty Rights – Assignment – Transfer Of Equipment 

Renaissance Leasing, LLC, et al. v. Vermeer Manufacturing Company (MLW No. 61199/Case No. SC90258 – 39 pages) (Supreme Court of Missouri, Price Jr., C.J.; all concur)

Attorneys: Disciplinary Proceeding – Misappropriation Of Funds – Repeated Violations 

In re: Renae Ehler (MLW No. 61193/Case No. SC90652 – 19 pages) (Supreme Court of Missouri, Breckenridge, J.; all concur)

Arbitration: Class Action Waiver – Unconscionability – Auto Dealership 

Ruhl v. Lee’s Summit Honda (MLW No. 61196/Case No. SC90601 – 8 pages)

Arbitration: Class Action Waiver – Unconscionability – Loan Agreement 

Brewer v. Missouri Title Loans, Inc. (MLW No. 61194/Case No. SC90647 – 23 pages)

Class arbitration waivers fail at high court 

The Missouri Supreme Court invalidated class arbitration waivers in two separate cases Tuesday and said the plaintiffs may pursue their class claims in court.

State Supreme Court won’t modify schools ruling 

The Missouri Supreme Court’s controversial decision on tuition reimbursement may be final, but it’s not final enough for school districts in St. Louis County.

Criminal Law: Subject Matter Jurisdiction – Exclusive Jurisdiction – Post Office Burglary 

State ex rel. Dwight Laughlin v. Bowersox (Case No. SC90542 – 12 pages)

Criminal Law: Child Molestation – Cross Examination – Witness With Teddy Bear 

State v. Powell (MLW No.61044/Case No. WD70540 – 12 pages) (Missouri Court of Appeals, Western District, Hardwick, J.)

Strike of black man from jury panel stands 

During jury selection in Tyrone Bateman’s murder trial, both a black man and a white man asked questions related to punishment. A St. Louis prosecutor made sure the black man didn’t serve on the jury, and Circuit Judge Joan L. Moriarty rejected the defendant’s challenge to the peremptory strike.

Civil Practice: Petition – Factual Allegations 

Smith v. Bowersox (MLW No. 60988/Case No. SD30056 – 5 pages) (Missouri Court of Appeals, Southern District, Francis, J.)
Where the vague and conclusory allegations contained in a prisoner’s civil lawsuit against a department of corrections official failed to contain a short and plain statement of the facts showing he was entitled to relief, the trial [...]

Appeals: Unemployment Benefits – Notice of Appeal – Timeliness 

Jones v. Wireless Vision LLC, et al. (MLW No. 60987/Case No. ED94962 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where the U.S. Post Office’s date of endorsement on a claimant’s notice of appeal from the Labor and Industrial Relations Commission decision denying her application for unemployment benefits was stamped with a date [...]

Appeals: Unemployment Benefits – Notice of Appeal – Timeliness 

Rudder v. MERS/Missouri Goodwill Industries, et al. (MLW No. 60986/Case No. ED94979 – 2 pages) (Missouri Court of Appeals, Eastern District, Richter, J.)
Where a claimant faxed her notice of appeal from the Labor and Industrial Relations Commission decision denying her application for unemployment benefits two days after it was due, the appeal was untimely and [...]

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 [...]

Criminal Law: Batson Challenge – Pretext – Similarly Situated Juror 

State v. Bateman (MLW No. 61002/Case No. SC90528 – 24 pages) (Missouri Supreme Court, Stith, J.)
Where a prosecutor struck an African-American from the jury pool in a first-degree murder case in which the death penalty was not sought on the grounds that the potential juror’s questions about the degrees of murder and lesser degrees of [...]

MISSOURI SUPREME COURT BY THE NUMBERS (2001-10) 

73
Pages in court’s longest opinion (Storey v. State, Oct. 18, 2005, Judge Price)
734
Days between argument and hand down in court’s longest-running case (State v. Thompson, May 25, 2004, Judge Teitelman)
261
Average number of days between filing and hand down
80
Average number of days between argument and hand down
20
Percent of unsigned opinions

10
Approximate percent of cases the court accepts

THE LONG & SHORT OF OPINION WRITING 

Of all the services the Missouri Supreme Court performs, writing opinions is certainly among the most important. Yet while no attorney wants a slipshod, hastily crafted decision, no one wants a case to drag on and on, either.