Jay Wolfe Imports Missouri Inc. v. Director (MLW No. 59075/Case No. SC89568 – 7 pages) (Supreme Court of Missouri, Russell, J.; all concur) Where a car dealership argued that it owed less income tax for sales made in Missouri to ...
Read More »Administrative: Public Defender Rule – Indigent Defendants – Probation Violation Cases
State ex rel. Missouri Public Defender Commission, et al. v. Hamilton, et al. (MLW No. 58984/Case No. WD70327/WD70349 – 15 pages) (Missouri Court of Appeals, Western District, Welsh, J.) Where the public defender system sought writs of prohibition to prevent ...
Read More »Supreme Court of Missouri: Administrative law
Police officer termination; excessive force SC89605 Timothy Coffer, Respondent, v. Angela Wasson-Hunt, et al., Appellants Appeal From: Jackson County Circuit Court, Judge Thomas C. Clark Handdown Date: 3/17/2009 Opinion Author: Judge Richard Teitelman Opinion Vote: Court en banc concurs The ...
Tagged with: excessive force Kansas City Board of Police Commissioners
Read More »Supreme Court of Missouri: Administrative law
SC89611 Parktown Imports Inc., Appellant, v. Audi of America Inc., Respondent Appeal From: Administrative Hearing Commission Handdown Date: 3/17/2009 Opinion Author: Judge Zel M. Fischer Opinion Vote: Judges Stith, Price, Teitelman, Wolff, Breckenridge and Stoll, concur. Judge Russell, not participating. ...
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Adoption subsidy; rule promulgation SC89190 Christopher and Renee Young, Appellants, v. Family Support Division, State of Missouri Department of Social Services, Respondent Appeal From: Jefferson County Circuit Court, Judge Gary Kramer Handdown Date: 3/17/2009 Opinion Author: Judge Patricia Breckenridge Opinion ...
Read More »Administrative: Police Officer Termination – Excessive Force – Sufficiency Of Evidence
(1)Where a city’s board of police commissioners appealed a circuit court judgment that reinstated a police officer who had been fired for using excessive force during an arrest, the board’s notice of appeal was timely, and sufficient evidence supported the ...
Tagged with: Administrative excessive force Sufficiency Of Evidence
Read More »Administrative: Auto Dealership – New Franchise Location – MVFPA
Where an auto dealer challenged an auto manufacturer’s plans to establish a new dealership within the same market area, the Administrative Hearing Commission properly sustained the manufacturer’s motion to dismiss the action because Section 407.817 is the only provision under ...
Tagged with: Administrative
Read More »Administrative: Adoption Subsidy – Rule Promulgation – Program Standards
Where a foster family appealed the denial of their request for a subsidy for children with behavioral problems, the division’s decision in this case was void because it was not based upon a promulgated rule, which is required because the ...
Tagged with: Administrative Family Law
Read More »Administrative: Billing Fees – Breach Of Contract – Preemption
Where a manufacturer sued a shipper in a dispute over billing fees, the plaintiff’s claims were related to the shipper’s prices, routes or services and were derived from the enactment or enforcement of state law and are thus preempted by ...
Tagged with: Administrative breach of contract Preemption
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