Administrative Hearing Commission
Cosmetologist’s license not subject to discipline
due solely to her graduation from online
high school or
college. Missouri
Bd. of Cosmetology and Barber Examiners v. Nguyen, No.
10-2378 CB (Mo. AHC, May 4, 2012), Dandamudi, C.
Bankruptcy Law
Missouri life insurance statutes
do not provide exemptions for a non-qualified deferred
variable annuity. In
re Bryan, No. 11-6068 (BAP 8th Cir. 3/22/12).
Constitutional Law
Constitutional challenges to private investigator
licensure statute rejected. Gurley
v. Missouri Board of Private Investigator Examiners, et al., No.
91741 (Mo. banc, March 6, 2012), Price, J.
Criminal Law
State’s dismissal of charges after first jury was
impaneled and sworn was with prejudice and dismissal served
as a bar to the case being re-filed under § 56.087. Double
jeopardy question did not need to be reached. State
v. Storer, No. 31303 (Mo. App. S.D., April 25, 2012),
Lynch, J.
Family Law
Tort claim brought against ex-husband three years after
divorce over same facts barred as collateral attack on
dissolution judgment. Reimer
v. Hayes, No. 73603 (Mo. App. W.D., April 24, 2012),
Welsh, J.
Labor Law
An employee must deliberately and purposefully
disregard an employer’s attendance policy in order to be
disqualified for unemployment benefits. Poor judgment does
not rise to the level of misconduct connected with work. Welsh
v. Mentor Management, Inc., et al., No. 96785 (Mo. App.
E.D., January 24, 2012), Dowd, J.
Property Law
Notice, not duty, is required for inverse
condemnation based on nuisance. Miller
v. City of Wentzville, Missouri, No.
97251 (Mo. App. E.D., April 17, 2012), Crane, J.
Tort Law
Appellant had no right to put on rebuttal testimony
from medical expert on causation when he did not identify
that expert prior to trial. Khoury
v. Conagra Foods, Inc., No. 73084 (Mo. App. W.D., March
6, 2012), Pfeiffer, J.