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Updates in the Law

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.
 

Contact Information:

Affordable Legal Services
of Thomas Sandifer

225 S. Meramec Ave.
Suite 925
St. Louis, MO 63105

Phone:

St. Louis: 314-725-7776

St. Charles: 636-947-4131

Jefferson County: 636-296-3121

Email: [email protected]

 


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