Justia Missouri Supreme Court Opinion Summaries

The Supreme Court affirmed the judgment of the circuit court in favor of Plaintiffs on their claim that Missouri Delta Medical Center (MDMC) and two physicians it employed caused their father's death, holding that no error occurred.Plaintiffs, as family representatives, brought this suit for the wrongful death of Decedent, raising issues related to Decedent's need for surgery and the quality of his post-surgical care, which led to his death. The jury returned a verdict in Plaintiffs' favor. The Supreme Court affirmed, holding (1) Plaintiffs submitted substantial evidence to support the submission of aggravating circumstances damages to the jury; (2) the circuit court did not err in submitting the instruction for aggravating circumstances damages; (3) Plaintiffs established "but for" causation; and (4) Plaintiffs were not entitled to reversal on their remaining claims of error. View "Rhoden v. Winfield" on Justia Law

The Supreme Court affirmed in part and reversed in part the decision of the administrative hearing commission (AHC) finding no use tax liability for APLUX LLC and Paul and Ann Lux Associates L.P. on the out-of-state purchase of two aircraft, holding that APLUX was not entitled to resale exemption on the purchase of either aircraft.After purchase, both aircraft - referred to as "the TBM" and "the Excel" - were brought to Missouri. APLUX asserted that it leased, on a non-exclusive basis, the TBM to its parent company, Luxco, Inc., and the Excel concurrently to both Luxco and Aero Charter, Inc. The AHC held that each lease agreement constituted a "sale" for purposes of the tax resale exemption set out in Mo. Rev. Stat. 144.018. The Supreme Court reversed in part, holding that a "sale" to Luxco did not occur, and therefore, APLUX was not entitled to a resale exemption based on the Luxco agreement. View "APLUX, LLC v. Director of Revenue" on Justia Law

The Supreme Court affirmed in part and reversed in part the amended report and order issued by the Public Service Commission (PSC) disallowing a portion of Spire Missouri, Inc.'s rate case expenses, including some of the proceeds from a sale of a facility in setting Spire's new rates, and determining that Spire Missouri East's prepaid pension was less than Spire contended, holding that an increase in the amount of Spire East's pension was warranted.Spire, an investor-owned public utility regulated by the PSC, filed tariff to increase its general rates for gas services in its Spire Missouri East and Spire Missouri West territories. The PSC suspended Spire's new tariffs and established a test year and then issued its contested amended report and order. The Supreme Court affirmed in part and reversed in part, holding (1) Spire's points challenging the PSC's decision to exclude a portion of Spire's rate case expenses were unavailing; (2) the PSC's order that relocation proceeds from the sale of the facility be used to reduce rates was not an abuse of discretion; but (3) the PSC's decision to extend the period in which it determined Spire East used cash accounting to value its pension asset from 1994 to 1996 was not supported by competent and substantial evidence. View "Spire Missouri, Inc. v. Public Service Commission" on Justia Law

The Supreme Court affirmed the order of rulemaking issued by the Public Service Commission (PSC), holding that the order fell within the PSC's statutory authority and that the private entity fiscal note accompanying the promulgated regulation complied with the applicable statutes.In 2018, the PSC promulgated a rule (the Rule) that provided new regulations related to certificates of convenience and necessity. Kansas City Power & Light Company and KCP&L Greater Missouri Operations Company appealed, arguing that the order promulgating the Rule exceeded PSC's authority and that the fiscal note was deficient, rendering the Rule void and unenforceable. The Supreme Court affirmed the order, holding (1) the order promulgated by the PSC was supported by statutory authority and was reasonable; and (2) the accompanying fiscal note was not deficient. View "Kansas City Power & Light v. Missouri Public Service Commission" on Justia Law

The Supreme Court made permanent a preliminary writ of prohibition preventing the circuit court from allowing Plaintiffs' claims against Janssen Pharmaceuticals, Johnson & Johnson, and Janssen Research & Development (collectively, Defendants) in the Circuit Court of the City of St. Louis, holding that the circuit court abused its discretion by refusing to transfer the claims of those injured outside of the City of St. Louis.Multiple plaintiffs filed this action stating various causes of action arising from the sale and use of Risperdal, a prescription drug. Defendants filed a motion to dismiss based on improper venue and forum non conveniens for all plaintiffs not injured in the City of St. Louis. The circuit court overruled the motion. Defendants then filed a petition for a writ of prohibition or mandamus asking that the claims of the plaintiffs whose injuries allegedly occurred in Missouri counties other than the City of St. Louis be transferred. The Supreme Court granted a writ of prohibition, holding (1) Mo. R. Civ. P. 52.05(a) cannot be used to confer venue in a forum that is otherwise improper, and newly enacted Mo. Rev. Stat. 508.013.1 did not alter the result on these facts; and (2) the circuit court's failure to transfer the claims of those injured outside of the City of St. Louis was an abuse of discretion. View "State ex rel. Janssen Pharmaceuticals, Inc. v. Honorable Michael Noble" on Justia Law

The Supreme Court affirmed the decision of the administrative hearing commission (AHC) determining that John Gott, who owned and operated a sole proprietorship providing portable toilets to customers, was liable for unpaid sales tax, use tax, and additions to tax and statutory interest as assessed by the director of revenue for the period of April 1, 2012 through March 31, 2017, holding that the AHC decision was authorized by law and supported by competent and substantial evidence on the record.Specifically, the Supreme Court held (1) the AHC did not impermissibly extend the reach of the sales tax law to include AHC's portable toilet service, and therefore, Gott's gross receipts were subject to sales tax; (2) Mo. Rev. Stat. 144.010's plain language is clear and resolved this dispute without the Court having to resort to the "true object" test; and (3) the AHC did not violate Mo. Const. art. X, 26 because Gott was not engaged in a service or transaction not subject to sales, use, or transaction-based taxation. View "Gott v. Director of Revenue" on Justia Law

The Supreme Court affirmed the decision of the Administrative Hearing Commission (AHC) affirming its previous order emergently suspending Dr. Blake Donaldson's license and finding cause for discipline and the Missouri State Board of Registration for the Healing Arts' subsequent decision to discipline Donaldson's license, holding that there was no error.From 1995 to 2017, the Board licensed Donaldson as an osteopathic physician and surgeon. In 2017, the Board filed a complaint alleging that Donaldson had engaged in several instances of sexual misconduct with a patient. The AHC, acting pursuant to the emergency procedures set forth in Mo. Rev. Stat. 334.102, found probable cause to believe Donaldson engaged in sexual contact with a patient and emergently suspended Donald's license. The AHC then affirmed its previous order. Thereafter, the Board revoked Donaldson's license and prohibited him from applying for reinstatement for seven years. The circuit court affirmed. The Supreme Court affirmed, holding that the AHC's decision was authorized by law and was not arbitrary and capricious. View "Donaldson v. Missouri State Board of Registration for Healing Arts" on Justia Law

The Supreme Court affirmed the judgment of the circuit court against Jessica Hicklin in a declaratory judgment action against Eric Schmitt, Missouri's attorney general and other State parties, holding that Hicklin's claims were without merit.Hicklin asserted in her complaint that her 1997 life-without-parole sentence for first-degree murder was invalid following the United States Supreme Court's decisions in Miller v. Alabama, 567 U.S. 460 (2012), and Montgomery v. Louisiana, 136 S. Ct. 718 (2016). The Supreme Court disagreed, holding (1) challenges to the constitutional validity of Missouri statutes are properly brought in a declaratory judgment action; (2) Missouri's General Assembly can accept the Supreme Court's invitation to remedy Miller-affected sentences by supplying parole eligibility; and (3) the Parole Board's authority does not violate the separation of powers. View "Hicklin v. Schmitt" on Justia Law

The Supreme Court made permanent a preliminary writ of mandamus sought by Vacation Management Solutions, LLC (VMS) to prevent the circuit court from moving forward with Kyle Klosterman's case in the City of St. Louis, holding that the action must be transferred pursuant to Mo. R. Civ. P. 51.045(c).Klosterman filed an action against VMS in the Circuit Court of the City of St. Louis alleging violations of the Missouri Merchandising Practices Act. VMS filed both a motion to dismiss and a motion to transfer venue, arguing that the City of St. Louis was an improper venue and that venue was proper in either Warren County or in St. Charles County. The circuit court overruled the motion to dismiss. Thereafter, VMS filed a petition for a writ of prohibition. The Supreme Court granted the writ, holding that because Klosterman did not reply within thirty days to VMS's motion to transfer alleging improper venue, the circuit court was required to transfer the case to Warren County or St. Charles County. View "State ex rel. Vacation Management Solutions, LLC v. Honorable Joan L. Moriarty" on Justia Law

The Supreme Court affirmed the decision of the Administrative Hearing Commission (AHC) determining that SEBA, LLC was liable for unpaid state sales tax, statutory interest, and a five percent addition to tax owed as assessed by the director of revenue, holding that the AHC's decision was supported by substantial and competent evidence on the record.The AHC determined that SEBA was liable for unpaid sales tax in the amount of $38,540, minus the sales tax assessed on $26,567 in income generated from SEBA's exempt sales to three organizations the auditor initially included. The AHC found SEBA liable for five percent statutory interest because it was was negligent in reporting its taxable sales. The Supreme Court affirmed, holding that substantial and competent evidence supported the AHC's decision. View "SEBA, LLC v. Director of Revenue" on Justia Law