Justia Professional Malpractice & Ethics Opinion Summaries

Articles Posted in Supreme Court of Missouri
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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

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The Supreme Court reversed the judgment of the circuit court affirming a jury's verdict in favor of Respondent on his legal malpractice claim, holding that public defenders are entitled to official immunity.Appellants were public defenders who were assigned to represent Respondent at his criminal trial. Appellant was found guilty. The Supreme Court later issued a writ of habeas corpus concluding that the circuit court lacked jurisdiction to prosecute Respondent. Respondent sued Appellants alleging legal malpractice and breach of fiduciary obligation for their failure to assert the jurisdictional challenge during their representation of him. The jury returned a verdict in Respondent's favor. Appellants filed a motion for judgment notwithstanding the verdict alleging that they were shielded from liability due to official immunity. The circuit court overruled the motion. The Supreme Court reversed, holding that public defenders have official immunity because they are public employees whose official statutory duties concern the performance of discretionary acts. View "Laughlin v. Perry" on Justia Law

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The Supreme Court made permanent a preliminary writ of prohibition to prevent the circuit court from taking any further action other than ordering Plaintiffs’ legal malpractice action to be transferred from St. Louis City to St. Charles County, holding that the circuit court exceeded its authority in issuing a ruling on Relators’ motion to transfer after the statutory ninety-day period expired.Plaintiffs filed a legal malpractice action against Relators and alleged venue was proper in St. Louis City. Relators moved to transfer for improper venue, contending that Plaintiffs were first injured in St. Charles County. The circuit court overruled Relators’ motion. Relators filed a writ of prohibition with the Supreme Court seeking to compel the circuit court to transfer the cause to St. Charles County. The Supreme Court issued a preliminary writ of prohibition, ordering the circuit court to take no further action in this matter. The Supreme Court then made permanent the writ, holding that the circuit court lacked authority to do anything other than transfer the cause to St. Charles County because the circuit court’s failure to rule upon Relators’ motion to transfer within the ninety-day period under Mo. Rev. Stat. 508.010.10 resulted in Relators’ motion being deemed granted. View "State ex rel. HeplerBroom, LLC v. Honorable Joan L. Moriarty" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court quashing its preliminary writ in mandamus and denying Bryan Robison’s request for a permanent writ against the director of the Department of Insurance, Financial Institutions, and Professional Registration (Department), holding that Robison failed to demonstrate he was entitled to mandamus relief.One month before Robison’s license as a general bail bond agent was set to expire, he applied to renew his license with the director of the Department. As a result of Robison’s outstanding forfeitures and judgments, the director denied Robison’s application for renewal. Rather than exercising his right to file a complaint with the Administrative Hearing Commission, Robison filed a petition for a writ of mandamus, alleging that the director denied his renewal application without proper notice and an opportunity to be heard. The circuit court quashed its preliminary writ and denied Robison’s request for a permanent writ of mandamus. The Supreme Court held that the circuit court did not abuse its discretion because the director properly exercised her discretion by refusing the renewal request pursuant to her statutory authority and this Court’s rules. View "State ex rel. Robison v. Lindley-Myers" on Justia Law

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Heartland Title Services, Inc. filed a petition in the circuit court of Jackson County alleging professional malpractice claims against Paul Hasty and Hasty and Associates, LLC (collectively, Hasty). Hasty filed a motion to dismiss Heartland’s professional malpractice claim for lack of venue, arguing that the tort injury alleged occurred outside Missouri. The circuit court dismissed the count for lack of venue. Heartland sought relief in the Supreme Court with this original proceeding in mandamus. The Supreme Court issued a preliminary writ and then made permanent the preliminary writ, holding that venue was proper in any county in Missouri, including Jackson County. View "State ex rel. Heartland Title Services, Inc. v. Honorable Kevin D. Harrell" on Justia Law