Daily Record (St. Louis, MO/St. Louis Countian) articles from April 2004

Daily Record (St. Louis, MO/St. Louis Countian) archives from April 2004

State, QuikTrip headed back to court over below-cost gas.
April 1, 2004... Byline: Donna Walter The Missouri Supreme Court sent back to the Jefferson County Circuit Court a lawsuit brought by the state alleging the QuikTrip store in Herculaneum violated the Missouri Motor Fuel Marketing Act by selling fuel below...

Emerson Electric exempt from tax on plane.
April 1, 2004... Byline: Erin Suess Taxes paid on an aircraft bought by Emerson Electric to shuttle its employees, clients and potential customers throughout the country need to be returned to the company, ruled the Missouri Supreme Court on Tuesday. ...

Officials allowed to limit prison religion's rituals, activities.
April 1, 2004... Byline: Emily Umbright >While Iowa State Penitentiary officials cannot ban the practice of an obscure religion circulating in prisons throughout the country, they can limit the extent of its rituals, the 8th U.S. Circuit Court of Appeals...

Some mortgage lenders spur privacy concerns.
April 2, 2004... Byline: Mike Nixon Homebuyers often believe they are completely at the mercy of mortgage lenders. Often overwhelmed by making the single largest purchase of their lives, many borrowers assume they must automatically respond to any...

HUD's decision to withdraw Real Estate Settlement Procedures Act praised by industry.
April 2, 2004... Byline: Mike Nixon A decision made last week by the Department of Housing and Urban Development to withdraw, yet to be published and unspecific, recommended changes to the Real Estate Settlement Procedures Act was met with resounding...

Builders say Senate draft of legislation undermines housing industry.
April 2, 2004... Byline: Mike Nixon The National Association of Home Builders issued opposition Sunday evening to a legislation draft that would restructure the regulatory framework of the government sponsored enterprises Fannie Mae, Freddie Mac and the...

Jay C. Lory and Robert L. Hinson promoted to senior associates of Evans & Dixon L.L.C.
April 3, 2004... Byline: staff Jay C. Lory and Robert L. Hinson have both been promoted to senior associates at the law firm of Evans & Dixon L.L.C. Lory is a member of the Bar Association of Metropolitan St. Louis and the Illinois Bar Association, and he...

Missouri governor appoints 15 members to the Commission on Hispanic Affairs.
April 3, 2004... Byline: staff Gov. Bob Holden has appointed 15 members to the Commission on Hispanic Affairs, which will advise the governor and gather and promote information pertaining to the economic, social and cultural needs of Hispanic Missourians....

Saint Louis University graduate and professional programs get top ranking.
April 3, 2004... Byline: Erin Suess The 2005 U.S. News & World Report Best Graduate Schools issue gives top marks to several Saint Louis University graduate and professional programs, including two of its law school programs. The issue, due out Monday,...

DeGroot and Murphy to oversee Community First Financial Resources.
April 3, 2004... Byline: staff First Bank Inc. has created a new division called Community First Financial Resources, which will provide customized financial solutions to faith-based, educational and nonprofit communities. Overseeing the new division will...

Seamands, Vighi, and Devoti join Lashly & Baer P.C.
April 3, 2004... Byline: staff Michael C. Seamands and Melissa A. Vighi have been elected to membership at Lashly & Baer P.C. Matthew J. Devoti has also joined the firm as an associate. Seamands, a graduate of Saint Louis University School of Law and...

Attorney Michael P. Shea named member of the Collaborative Family Law Association.
April 3, 2004... Byline: staff Michael P. Shea of the law firm Shea, Kohl, Alessi & O'Donnell L.C. has become a member of the Collaborative Family Law Association. Shea, who has 30 years of experience in the practice of law, is trained in the collaborative...

Polsinelli and Suelthaus law firms to merge.
April 3, 2004... Byline: staff You can add a new name to the law firm of Polsinelli Shalton and Welte P.C. because the Suelthaus law firm has hopped on board. More than a name change has resulted from the merger of the two firms, which was announced...

St. Charles businesses display new "No Firearms Allowed" signs in their windows.
April 5, 2004... Byline: Haley Schumacher Many local businesses are displaying new signs in their windows this week, as a result of the St. Charles County Sheriff's Department accepting conceal and carry applications, which began March 20. The "No...

Worker found to have permanent total disability.
April 6, 2004... Byline: Emily Umbright Because the Second Injury Fund did not dispute awards for partial disability findings, an injured truck driver can collect even more. Contributing to the decision handed down by the Missouri Court of Appeals,...

Treatment of suspicious package appropriate.
April 6, 2004... Byline: Donna Walter A divided 8th Circuit panel upheld a narcotics detective's decision to bring in a drug-sniffing dog for further investigation of a package that was being sent from Los Angeles to St. Louis. A clerk at Mail Box...

Court finds that jury award was excessive in suit against homebuilder.
April 7, 2004... Byline: Erin Suess An overzealous jury award exceeded a reasonable amount supported by the evidence, found the Missouri Court of Appeals, Eastern District, leaving the owners of a shoddily built house to decide whether they want to give...

Sex offender says MOSOP violates his religious beliefs.
April 7, 2004... Byline: Emily Umbright A convicted rapist who claims his treatment in the Missouri Sexual Offender Program violates his religious beliefs will tell it to the Missouri Supreme Court, the Missouri Court of Appeals, Eastern District, ruled on...

Offender says sexual offender program violates his religious beliefs.
April 7, 2004... Byline: Emily Umbright A convicted rapist who claims his treatment in the Missouri Sexual Offender Program violates his religious beliefs will tell it to the Missouri Supreme Court, the Missouri Court of Appeals, Eastern District, ruled on...

IRS employee failed to exhaust administrative remedies.
April 8, 2004... Byline: Emily Umbright An IRS employee failed to maximize administrative remedies before bringing retaliation and discrimination claims against his employer, the 8th U.S. Circuit Court of Appeals ruled on Wednesday in affirmation of a...

Defendants' convictions upheld in elder abuse case.
April 8, 2004... Byline: Donna Walter In a 2-1 decision, the Missouri Court of Appeals, Eastern District, upheld three convictions of failing to report the abuse of a 78-year-old man who died after having been beaten while living in a St. Charles nursing...

Man paralyzed by air-bag deployment sues Ford, dealership.
April 9, 2004... Byline: Cathy Kingsley How does a minor automobile accident result in the driver becoming a quadriplegic? "That's exactly what we want to ask Ford Motor Co.," said John L. Cook with Cook, Barkett, Maguire & Ponder, L.C. in Cape...

Gift registry promotes home improvement.
April 9, 2004... Byline: Mike Nixon There was a time when the concept of a wedding gift registry was left exclusively to high-dollar department stores and spurred little interest to anyone but the bride and her friends. But statistics show that more...

Affordable housing incentives promoted by HUD.
April 9, 2004... Byline: Mike Nixon An announcement last week that the Department of Housing and Urban Development intends to roll out a new financial incentive intended to encourage state and local governments to remove ordinances and zoning policies that...

Truck driver who leased vehicle not exempt from coverage.
April 9, 2004... Byline: Erin Suess Truck drivers who lease the vehicle they operate are not exempt from coverage under the Missouri workers' compensation statutes, ruled the Missouri Court of Appeals, Southern District, clarifying the issue of who is...

8th U.S. Circuit Court of Appeals upholds jury verdict in no-knock entry case.
April 10, 2004... Byline: Donna Walter A $2 million jury verdict against two Kansas City, Mo., police officers and the Kansas City Board of Police Commissioners was upheld by a divided panel of the 8th U.S. Circuit Court of Appeals, which found the police...

David R. Molamphy joins Clayco Construction Co. as senior project engineer.
April 10, 2004... Byline: staff David R. Molamphy has joined Clayco Construction Co. as a senior project engineer. Although he will be involved in every aspect of the construction process, including conceptual estimating, design coordination,...

Missouri governor appoints Jo Ann Freeman to St. Louis City Board of Police Commissioners.
April 10, 2004... Byline: staff Gov. Bob Holden has appointed Jo Ann Freeman to the St. Louis City Board of Police Commissioners. She is currently a senior project manager and analyst for A.G. Edwards and Sons Inc. She holds a bachelor's degree from...

Color Art Integrated Interiors announces the promotion of two executives.
April 10, 2004... Byline: staff Color Art Integrated Interiors, Missouri's largest integrator of total office solutions, has named Jim Scheer president of its innovative technology group and promoted Gary Mindel to president, where he will oversee the...

Law firm of Sonnenschein Nath & Rosenthal L.L.P. names three partners.
April 10, 2004... Byline: staff The law firm of Sonnenschein Nath & Rosenthal L.L.P. has named Robert J. Jakubeck, David P. Stoeberl and Michael M. Godsy partners to the firm. Jakubeck, a member of the commercial real estate area, has experience in lending,...

Melanie Blunk joins Conrad Properties Corp. as general manager for Metro Lofts apartments.
April 10, 2004... Byline: staff Melanie Blunk has joined Conrad Properties Corp. as a general manager for Metro Lofts apartments. Bringing 20 years of apartment management experience to Conrad, she will be responsible for leasing and property management of...

Women's Justice Awards presented.
April 13, 2004... Byline: Donna Walter St. Louis attorneys Linda Martinez and Kathleen Schoene and university administrator Betty Van Umm were honored at the 2004 Daily Record Women's Justice Awards celebration, held Thursday night at the Starlight Roof of...

Survey finds law firms adding staff.
April 13, 2004... Byline: Erin Suess The upswing in the economy is making its way into the legal community, a survey by Robert Half Legal shows, as law firms predict adding more staff during the coming 12 months. The survey revealed that 62 percent of...

American Board of Trial Advocates elects new officers.
April 14, 2004... Byline: Lesley Angenend The Missouri/Southern Illinois Chapter of the American Board of Trial Advocates recently announced its officers for 2004. Two of the new officers are Illinois attorneys. Serving as president will be attorney Martin...

Out-of-state witnesses can be compelled to testify.
April 14, 2004... Byline: Erin Suess A murder defendant's lawyer may have erred by failing to provide witnesses in defense, ruled the 8th U.S. Circuit Court of Appeals on Monday, finding the trial attorney could have used two statutes to secure the...

Federer's conspiracy claim against Gephardt campaign fails.
April 14, 2004... Byline: Donna Walter A federal appeals court has upheld a lower court's decision to dismiss a civil conspiracy case brought by William J. Federer against Rep. Richard A. Gephardt, Joyce A. Aboussie and James A. Larrew as well as several...

Correction of math error adds $43,000 to compensation award.
April 14, 2004... Byline: Emily Umbright A nursing care cost miscalculation could allow a severely ailing man to collect additional workers' compensation awards, the Missouri Court of Appeals, Eastern District, found on Tuesday in an opinion that also...

Gov. Holden appoints associate circuit judge.
April 15, 2004... Byline: staff Gov. Bob Holden has appointed Judy P. Draper of Chesterfield as associate circuit judge for the 21st Judicial Circuit. "Draper's experience in government, private and corporate law and her current position as municipal...

Domestic violence centers retain confidentiality right.
April 15, 2004... Byline: Emily Umbright Joining the ranks of lawyers and religious clergy, domestic violence shelters hold the right to protect confidentiality of their residents, the Missouri Supreme Court ruled on Tuesday - even in instances of suspected...

Mortgage Bankers Assn. issues alert about Fair and Accurate Credit Transaction Act.
April 16, 2004... Byline: Mike Nixon The Mortgage Bankers Association issued an informational alert last week concerning the Fair and Accurate Credit Transaction Act, which went into effect March 31. The FACT Act, which was passed by Congress late last...

National Association of Realtors faults new rule by U.S. Office of the Comptroller of Currency.
April 16, 2004... Byline: Mike Nixon The National Association of Realtors took an official stand opposing a new rule by the U.S. Office of the Comptroller of Currency during hearings last week before the U.S. Senate Committee on Banking Housing and Urban...

Family sues Walgreen's for filling wrong prescription.
April 16, 2004... Byline: Cathy Kingsley A case that began in the city of St. Louis and was then transferred to Jefferson County may end up back in the city. Christopher and Nicole Nordin filed a personal injury suit on behalf of their son Jacob against...

MO legislation seeks to give voters chance to decide if public or governor will choose circuit judges.
April 16, 2004... Byline: Emily Umbright A new House initiative expected to catapult voter rights issues and judicial politics into the limelight has created yet another partisan stir. Led by a team of House Republicans, HJR50 could send the Missouri...

A discussion of the Missouri Nonpartisan Court Plan.
April 16, 2004... Byline: staff Participants: David C. Mason - Circuit Judge, 22nd Judicial Circuit Anthony R. Behr - Behr, McCarter & Potter P.C. Richard A. Gartner - The Gartner Law Firm Moderator: William Connaghan - St. Louis Daily...

MO Court of Appeals rules commitment under sexual predator law legal despite questions.
April 16, 2004... Byline: Donna Walter A man who in 1998 pleaded guilty to sodomy and was sentenced to three years' imprisonment will continue to be confined under Missouri's sexually violent predator law even though the law wasn't in effect at the time of...

Suelthas P.C. establishes Washington D.C. office.
April 17, 2004... Byline: staff Suelthaus P.C. has established a Washington D.C. office in response to the firm's expanding patent and intellectual property law practice. Joining the new office is patent attorney Cathy J. Futrowsky, formerly of Coudert...

Sonnenschein Nath & Rosenthal adds to staff.
April 17, 2004... Byline: staff Brian C. Behrens has joined the law firm of Sonnenschein Nath & Rosenthal L.L.P. as of counsel to the corporate practice group. He will concentrate his practice on the areas of corporate and business law, growth and venture...

Behr, McCarter & Potter adds associate to staff.
April 17, 2004... Byline: staff Kelly Plummer has joined Behr, McCarter & Potter as an associate who will focus on the areas of general business litigation, legal malpractice defense and medical malpractice defense. She earned her J.D. from Saint Louis...

Jury awards $3 million to injured railroad worker.
April 17, 2004... Byline: Erin Suess A St. Louis City Circuit Court jury awarded $3 million to a 31-year-old injured railroad worker who was hit in the head with a sign, causing him recurring severe headaches. "He's pleased that he was vindicated since...

Instructions for lesser offense needed to be included.
April 17, 2004... Byline: Donna Walter That it's better to be safe than sorry is an old cliche, but it's a cliche with a lot of truth, as a Jasper County trial judge just found out. During Casey N. Pond's trial for first-degree sodomy, Judge William C....

Gov. Holden appoints one to Missouri Emergency Response Commission.
April 17, 2004... Byline: staff Gov. Bob Holden recently reappointed Chief Robert "Steve" Arnold to the Missouri Emergency Response Commission. The O'Fallon resident is currently the fire chief for the Pattonville Bridgeton Terrace Fire Protection District....

The Business Law Group adds associate to staff.
April 17, 2004... Byline: staff Nicholas B. Schopp has joined The Business Law Group as a litigation associate. In his new position, he will handle civil litigation and general corporation law. Previously, he served as an assistant county counselor for St....

Missouri Bar teaming up with LexisNexis.
April 20, 2004... Byline: staff Lawyers looking for more exposure might want to take note of the new member benefits offered by The Missouri Bar. Earlier this month, the bar association teamed up with New Jersey-based LexisNexis Martindale-Hubble to...

Law firm holding free Family Law Seminar.
April 20, 2004... Byline: Erin Suess The law firm of Cordell & Cordell P.C. is offering local lawyers an opportunity to get in some last-minute CLE hours and bone up on their family law expertise at its 4th annual all-day Family Law Seminar. The...

Missouri Bar kicks off Corporate Pro Bono project.
April 20, 2004... Byline: Donna Walter The Missouri Bar kicked off its Corporate Pro Bono project on Friday with a luncheon presentation designed to knock down the barriers that may prevent in-house counsel from participating in pro bono work. Friday's...

Suit had same cause of action as previous suit.
April 21, 2004... Byline: Donna Walter The ship has sailed for a couple's chance to pursue litigation against St. Charles Boat & Motor Inc., according to a Missouri appellate decision. Jack and Loretta Becker first sued SCBM in October 1996 in the St....

Department of Insurance data shows drop in malpractice claims.
April 22, 2004... Byline: Emily Umbright As the current medical malpractice reform bill travels through the state legislature, new data released last week by the Missouri Department of Insurance suggests the urgency for tort reform laws may be in decline....

Legislation introduced to settle construction disputes.
April 23, 2004... Byline: Erin Suess In a bid to ease the strain on an already overburdened court system, the Missouri Senate has introduced a measure to aid in resolving disputes between homeowners and those who provided construction services. "This...

Outlook improving for commercial, industrial real estate market.
April 23, 2004... Byline: Erin Suess St. Louis real estate industry leaders gathered together to predict the future at the Society of Industrial and Office Realtor's Forecast of the Metropolitan St. Louis Commercial and Industrial Real Estate Market for...

War zone construction requires knowing the risks.
April 23, 2004... Byline: Mike Nixon With a mounting list of Americans being taken hostage, or even murdered by militant extremists, the focus of war shifted last week to the risks faced by civilian contractors who accept work providing security services or...

Mortgage professionals pitch predatory policies plan.
April 23, 2004... Byline: Mike Nixon In a joint letter released last week, eight mortgage lending trade organizations pooled their efforts for influence and called on Congress to establish a national mortgage lending standard designed to head off predatory...

American Jewish Committee presents award.
April 23, 2004... Byline: Emily Umbright For his lifetime contributions to community involvement and global affairs, governmental law attorney Stuart Symington Jr. will receive the John D. Levy Award presented by The American Jewish Committee's Institute of...

Conrad Properties hires selection coordinator for Maryland Walk.
April 24, 2004... Byline: staff Kate O'Connor has joined Conrad Properties Corp. as the selection coordinator for Maryland Walk, where she will assist future residents of the 17-story building in choosing finishes such as cabinets, flooring and countertops...

Gov. Holden makes board, commission appointments.
April 24, 2004... Byline: staff Gov. Bob Holden recently announced the reappointment of Muriel Brison and Bishop Willie Ellis to the Public Defender Commission, which is responsible for hiring the State Public Defender Director, assisting the director,...

Testimony enough to support asylum claim.
April 24, 2004... Byline: Erin Suess Because governments rarely keep records on illegal arrests - let alone give asylum-seekers papers proving their detainment - the immigration board cannot hold lack of formal, documented evidence against asylum-seekers,...

Gov. Holden to select judge for St. Louis County.
April 24, 2004... Byline: Emily Umbright Robert S. Adler, Richard C. Bresnahan and Associate Circuit Judge Gloria Clark Reno are off to Jefferson City, where Gov. Bob Holden will select a judge for St. Louis County. The 21st Judicial Circuit Commission...

The Carson Law Firm names client relations manager.
April 24, 2004... Byline: staff Jessica Shaw has been named client relations manager for family law firm The Carson Law Firm. She holds a degree from Southeast Missouri State University and has extensive experience and training in management and client...

Friedman Group Commercial Realtors adds to staff.
April 24, 2004... Byline: staff Paul Friedhold has joined Friedman Group Commercial Realtors as an associate. He brings more than 15 years of marketing communications, business-to-business consulting and sales experience to Friedman Group's clients.

Ascent Corp. hires new account executive.
April 24, 2004... Byline: staff Joseph Lay has joined Ascent Corp., an advanced technology consulting and project management company, as an account executive. In his new position, he will be responsible for generating new business and providing product and...

Rams announcer to emcee bar assn. Trivia Night.
April 24, 2004... Byline: staff Rams Announcer Jack Snow will emcee the Annual BAMSL Trivia Night Saturday, May 1, at Scottish Rite Cathedral, 3633 Lindell. The event will benefit Project Angel Tree, BAMSL's annual holiday party for children with parents in...

Archbishop Raymond Burke to celebrate Law Day Mass.
April 24, 2004... Byline: staff St. Louis Archbishop Raymond L. Burke and Monsignor John B. Shamleffer, judicial vicar and pastor of St. Joseph's Church in Clayton, will celebrate a special Mass at noon on Friday, April 30, at St. Joseph's to celebrate Law...

Unity dinner celebrates diversity in legal community.
April 27, 2004... Byline: Erin Suess The aptly named Unity Dinner, co-sponsored by the Missouri Asian-American Bar Association and the Mound City Bar Association, brought together judges, attorneys, law students and family in celebration of the successes of...

Dianne Taylor resigns from MO Bar board of governors.
April 27, 2004... Byline: staff The Missouri Bar on Friday announced the resignation of F. Dianne Taylor from the board of governors, effective at the conclusion of a board meeting on May 7. Taylor, who has represented District 11, St. Louis City, since...

Bar Assn. of Metropolitan St. Louis to present 2004 Distinguished Lawyer award.
April 28, 2004... Byline: Emily Umbright With Law Day just around the corner, the Bar Association of Metropolitan St. Louis is scrambling to put the finishing touches on what it hopes will be a most memorable occasion. "Aside from the wonderful...

Downward departure from guidelines in fraud case erroneous.
April 28, 2004... Byline: Donna Walter A federal trial court was too lenient on a Pittsburg, Kan., business owner who was found guilty of conspiring to commit bank fraud, wire fraud and mail fraud. Although defendant Phillip O'Malley should have...

Jurors to be honored for their efforts next week.
April 29, 2004... Byline: Emily Umbright Missouri residents should consider themselves lucky if they receive a summons to report for jury duty next week because the courts have prepared a few surprises. For the fifth year in a row, the St. Louis City...

Defense says shackling prejudiced jury in murder case.
April 29, 2004... Byline: Donna Walter The case of the man who robbed and murdered an elderly couple from DeSoto is now before the Missouri Supreme Court for the third time since his 1998 conviction. Last week, Rosemary E. Percival, an assistant public...

Developer sues county for revoking subdivision access permit.
April 30, 2004... Byline: Cathy Kingsley Carlyle Investments L.L.C. had set its sights on developing a residential subdivision in Pine View Acres in Jefferson County. But the developer did not see eye to eye on the project with the Department of Public...

Jackson County Sheriff purchases electronic fingerprint scanner.
April 30, 2004... Byline: Cathy Kingsley New technology will ensure that inmates are properly identified and tracked within the Jefferson County jail. Using an electronic fingerprint scanner, the Jefferson County Sheriff's Department can electronically...

Pre-existing condition exclusion ruled unlawful.
April 30, 2004... Byline: Emily Umbright Pre-existing condition exclusions, a common tactic used by insurance companies to limit coverage, are unlawful when such exclusions target the genital organ of a specific sex, the Missouri Supreme Court established...

Housing numbers send mixed message.
April 30, 2004... Byline: Mike Nixon Is the residential real estate boom coming to an end? Much of that depends on how the particular figures concerning this industry are read on a weekly basis. A recent survey listed 56 percent of respondents confirming...

Home repair tips help calculate real costs, savings.
April 30, 2004... Byline: Mike Nixon "It was just a lousy screen door," said Pete, who admitted he was too embarrassed for his real name to be used, concerning his latest attempt at a home improvement project that ended up costing him more than expected in...

Landowner allowed limited discovery in condemnation.
April 30, 2004... Byline: Erin Suess A dispute over the condemnation and annexation of a small piece of land goes back to trial, as the Missouri Court of Appeals, Eastern District, found the landowner should have been allowed additional time for discovery,...