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

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

Breath analysis malfunction voids suspension of license.
August 3, 2004... Byline: Erin Suess Some rules aren't meant to be broken, especially the rules outlining the procedure for assessing a driver's sobriety, held the Missouri Court of Appeals, Southern District, chiding the officer who relied on a breath...

KC atty. named acting chairman of Labor and Industrial Relations Commission.
August 3, 2004... Byline: Erin Suess Missouri Gov. Bob Holden has appointed Kansas City, Mo., attorney John Boyd to the temporary position of acting chairman of the Labor and Industrial Relations Commission. The Labor and Industrial Relations Commission...

Evidence not enough to grant new deportation hearing.
August 3, 2004... Byline: Emily Umbright Two letters are not enough evidence for the 8th U.S. Circuit Court of Appeals to grant a second deportation hearing to an Ethiopian woman fearing poor medical treatment and political persecution. Kefay Gebremaria...

Cohabitation not an automatic bar to child custody, visitation.
August 4, 2004... Byline: Donna Walter Cohabitation is not an automatic bar to child custody or visitation, the Missouri Court of Appeals, Eastern District, said Tuesday as it sent a family dispute back to the Franklin County Circuit Court for a new trial...

Circuit judge may not release juvenile's file.
August 4, 2004... Byline: Emily Umbright Even if parents possess their minor child's social file, the discretion to determine the file's confidentiality is up to a juvenile court judge, the Missouri Court of Appeals, Eastern District, determined Tuesday....

Defendant should have had mental fitness hearing.
August 4, 2004... Byline: Emily Umbright A trial court should have held a hearing to determine the mental fitness of a man who plead guilty to attempted murder, the Appellate Court of Illinois, Fourth District, determined last week. The Circuit Court of...

Clients of public defender's office allowed to get filing fees waived.
August 5, 2004... Byline: Emily Umbright In a victory for prisoners' rights, the Missouri Supreme Court on Tuesday issued a writ of mandamus ordering a DeKalb County Circuit Court to file a prisoner's writ of habeas corpus petition without payment of a...

Construction professionals develop innovative PACT agreement.
August 6, 2004... Byline: Erin Suess In a perfect world, construction projects would be completed early, under budget and with no work disputes. While that may not hold true for the real world, members of the St. Louis construction industry are undertaking...

Some mortgage tools attract scrutiny.
August 6, 2004... Byline: Mike Nixon With what seems at times like having 101 lending products on the market and increasing interest rates, some real estate professionals are reconsidering the usefulness of certain practices that have helped more borrowers...

Spiegelglass Construction creates another Plaza Frontenac restaurant.
August 6, 2004... Byline: Erin Suess Frontenac Plaza is offering a little more dining variety with the addition of St. Louis' first Fleming's Prime Steakhouse & Wine Bar, currently under construction by Spiegelglass Construction Co. The new restaurant,...

Real estate industry maintains economic authority.
August 6, 2004... Byline: Mike Nixon Midsummer mortgage application levels and interest rates show that residential real estate continues to influence underlying economic stability, according to industry experts. The Mortgage Bankers of America confirmed...

Multifamily stocks reach new heights.
August 6, 2004... Byline: staff Real estate investments continue to bolster the economy this summer as publicly traded multifamily housing company stocks outpaced the market as a whole and pushed the National Association of Home Builders Multifamily Stock...

DNA testing allowed in case where defendant plead guilty.
August 6, 2004... Byline: Emily Umbright A person who pleads guilty may not always be guilty, the Missouri Supreme Court held Tuesday, ordering the state to conduct DNA testing on a man who pleaded guilty to kidnapping and forcible rape 12 years ago. ...

Criminal charges reinstated against nurse who failed to report suspected child abuse.
August 6, 2004... Byline: Donna Walter The Missouri Supreme Court, in a 4-2 decision, reinstated criminal charges against an emergency room nurse who failed to report suspected child abuse to the Missouri Division of Family Services or to a physician. ...

Fox Galvin L.L.C. names three new partners.
August 7, 2004... Byline: staff Suzanne P. Galvin, Gregory J. Erickson and Jonathan H. Garside have been named partners at Fox Galvin L.L.C. Galvin holds a law degree from University of Iowa School of Law and has 10 years of experience handling product...

Doug Stanley joins Bryan Cave's private client group; Derek Rose named counsel.
August 7, 2004... Byline: staff Doug Stanley has joined Bryan Cave's private client group, which focuses on sophisticated personal estate and tax planning, probate and trust administration, business succession planning and related legal services. For 13...

Stacey Molitor joins Murphy Co. as a service project manager.
August 7, 2004... Byline: staff Stacey Molitor has joined Murphy Co. as a service project manager, where she will be responsible for generating new business and cultivating new client relationships. She previously worked at Capitol Group as a territory...

Jeffrey Freese promoted to project manager at Tarlton Corp.
August 7, 2004... Byline: staff Jeffrey Freese has been promoted to project manager at Tarlton Corp. He was previously a senior project engineer after joining the firm in 1997. He holds a bachelor of science in architectural engineering with an emphasis on...

Ryan M. Hatcher joins Brinker & Doyen L.L.P. as an associate attorney.
August 7, 2004... Byline: staff Ryan M. Hatcher has joined Brinker & Doyen L.L.P. as an associate attorney. He holds a bachelor of science degree in finance from the University of Alabama and a law degree from Mississippi College School of Law. He will...

8th US Circuit Court of Appeals rules SBC must indemnify Ameren in wrongful death suit.
August 7, 2004... Byline: Emily Umbright It may have seemed like a good idea for AmerenUE and Southwestern Bell Co. to update their 1962 joint user agreement in 1994, but a recent opinion handed down by the 8th U.S. Circuit Court of Appeals could have SBC...

Police officer's protective sweep valid.
August 10, 2004... Byline: Donna Walter In a 2-1 decision, the 8th U.S. Circuit Court of Appeals upheld a police officer's decision to make a protective sweep of the trailer of a woman suspected of possessing large quantities of drugs. The 8th Circuit...

New ABA poll shows strong support for jury system.
August 10, 2004... Byline: staff A new public opinion poll, released Monday by the American Bar Association, reveals that Americans have a profound belief and trust in the jury system and disproves the popular notion that Americans consider jury duty to be a...

ABA seeks comment on judicial conduct.
August 10, 2004... Byline: staff Those looking to divulge their ethical views on personal and extra-judicial conduct can send their comments to the American Bar Association's Joint Commission to evaluate the Model Code of Judicial Conduct. The...

Judge Judy Draper hears high praise at swearing-in.
August 11, 2004... Byline: Donna Walter Before a crowd of family, friends and colleagues, Judy Draper was formally sworn in as the newest associate circuit judge in St. Louis County in a ceremony on Friday afternoon. The Jury Assembly Room in the St....

Independent contract employees may be represented by state employees' union.
August 11, 2004... Byline: Emily Umbright A state employees' union can represent independently contracted health care attendants who work at Illinois prisons, the Appellate Court of Illinois, Fifth District, determined last week. The appellate court's...

Law firm Greensfelder, Hemker & Gale adds to staff.
August 11, 2004... Byline: staff The law firm of Greensfelder, Hemker & Gale P.C. recently announced Michelle Rousseau has joined the firm's Belleville office as an associate. Rousseau is an associate in the firm's litigation and real estate practice...

Commentary: Mock Trial Institute offers interns a unique legal perspective.
August 12, 2004... Byline: Loren Lee As an intern with the St. Louis Internship Program, I was given the opportunity to participate in the Gateway Mock Trial Institute. The mock trial program provided a program at the University of Missouri-St. Louis, which...

Court compelled to grant change of judge request.
August 12, 2004... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, issued a peremptory writ of mandamus last week ordering St. Louis City Judge Evelyn Baker to grant Circuit Attorney Jennifer Joyce's change of judge request. The...

Jefferson County's L. Jerry Weber remembered as legal scholar.
August 13, 2004... Byline: Donna Walter The Jefferson County legal community is mourning the sudden loss of one of its top attorneys - Louis Jerry Weber, a longtime partner of the Hillsboro law firm of Thurman, Howald, Weber, Senkel & Norrick L.L.C. The...

St. Stanislaus Kostka Catholic Church vies with St. Louis Archdiocese concerning higher law.
August 13, 2004... Byline: Mike Nixon Members of St. Stanislaus Kostka Catholic Church have said that they are prepared to fight a takeover of their real estate and bank accounts by the St. Louis Archdiocese even if it means going to court. Archbishop...

St. Louis Council of Construction Consumers sponsors construction diversity seminar.
August 13, 2004... Byline: Mike Nixon Pam Duffy jokes that she is the son in Rhodey and Son Construction Co., the business started by her father 32 years ago, for which she has worked in various capacities during those three decades and served as company...

House-swapping comes to St. Louis with TLC's hit show 'Trading Spaces'.
August 13, 2004... Byline: Loren Lee The cable channel TLC's series "Trading Spaces" is coming to St. Louis! The show is looking for St. Louis-area residents to participate in episode tapings. "Trading Spaces" has received the highest ratings the network has...

Hellmuth, Obata + Kassabaum renews commitment to downtown St. Louis.
August 13, 2004... Byline: Erin Suess Hellmuth, Obata + Kassabaum has joined the likes of Deloitte Touche and backers of the Ballpark Village in its effort to continue the revitalization effort of downtown St. Louis by renewing its lease in One Metropolitan...

Missouri governor's Conference on Housing scheduled for September.
August 13, 2004... Byline: staff The 2004 Governor's Conference on Housing will be held Sept. 22-23 at the Hyatt Regency Crown Center in Kansas City, Mo. This will be the 10th year of the conference and the first time it has been held in Kansas City. ...

St. Louis attorney elected president of American Bar Foundation.
August 13, 2004... Byline: Erin Suess The American Bar Foundation elected St. Louis attorney Robert O. Hetlage as its president for 2004-2005. Hetlage, who is of counsel with Blackwell Sanders Peper Martin, will also serve on the board of the American...

Bankruptcy award honors Judge Robert Brauer.
August 14, 2004... Byline: staff The Missouri bankruptcy bar was saddened by the recent death of one of the pioneers of current bankruptcy practice, Judge Robert E. Brauer. Brauer died from heart complications on June 8, 2004. To honor and celebrate his...

ABA delegates pass resolution on malpractice insurance disclosure.
August 14, 2004... Byline: Jane Pribek Got insurance? If the American Bar Association has its way, that question will become part of your annual registration statement. On Aug. 9, the ABA's House of Delegates passed a resolution adopting a model court...

Case.net receives upgrade.
August 14, 2004... Byline: Loren Lee Case.net, an Internet application that was designed and maintained by the Office of State Courts Administrator, has been recently upgraded. It is now enhanced to better utilize new technology to increase the system...

Polsinelli Shalton Welte Suelthaus adds to staff.
August 14, 2004... Byline: staff T. Jack Challis has rejoined Polsinelli Shalton Welte Suelthaus P.C., which recently opened a New York office, as a shareholder in the Health Planning Practice group. The former chairman of Enterprise Trust, a division of...

Carmody MacDonald adds of-counsel to firm.
August 14, 2004... Byline: staff David H. Luce has joined the firm of Carmody MacDonald P.C. as of-counsel in the firm's litigation/dispute resolution group, where he will practice in the areas of commercial, contracts, employment and civil litigation....

Husch & Eppenberger moves up top lawyers list.
August 14, 2004... Byline: staff Moving up The American Lawyers' Top 200 list is Husch & Eppenberger, who ranked 169th largest firm in the nation. Last year it made its first appearance on the list based on gross revenues, ranking 195th.

Paric Corp.'s VP of preconstruction services receives award.
August 14, 2004... Byline: staff Rebecca Wall-Schultz, vice president of preconstruction services for Paric Corp., has received Leadership in Energy and Environmental Design designation from the U.S. Green Building Council. The designation recognizes...

Clayco Construction names new director of business development.
August 14, 2004... Byline: staff George B. Guagenti has become the new director of business development for Clayco Construction. With more than 24 years of experience in sales and business development, he will be responsible for building and maintaining...

Evans & Dixon adds workers compensation associate to staff.
August 14, 2004... Byline: staff Heidi Winsor Darling has joined Evans & Dixon L.L.C as a workers' compensation associate. She will represent insurance carriers and self-insured employers in workers' compensation and employers' liability cases. She is...

Millennium Communications adds to staff.
August 14, 2004... Byline: staff Kerri Harbers has joined Millennium Communications Inc. as office administrator. She will be responsible for daily business operations and facilities management and will be the company's first contact with clients, news media...

Cole & Associates adds to staff.
August 14, 2004... Byline: staff Robert J. Genta has joined Cole & Associates as a civil designer, where he will be responsible for assisting the engineering department with project design and layout as well as agency submittals and approvals. He was...

Greensfelder, Hemker & Gale adds associate to staff.
August 14, 2004... Byline: staff Michelle Rousseau has joined the law firm of Greensfelder, Hemker & Gale P.C. as an associate in the firm's litigation and real estate practice groups. She has experience negotiating and preparing commercial leases and sales...

Two elected to Citizens for Missouri's Children's board of director.
August 14, 2004... Byline: staff Patty Wolfe Hasselbring and Mary Phelan have been elected to Citizens for Missouri's Children's board of directors; Emily Smith has joined the organization's staff as outreach coordinator. Hasselbring, the head of patty Wolfe...

Law firms of Pranschke & Holderle and The Stolar Partnership merge.
August 17, 2004... Byline: Erin Suess Area nonprofits now have a powerhouse of attorneys to go to for all their legal needs with the merger of two local firms: The Stolar Partnership and Pranschke & Holderle L.C. The firm's name will remain The Stolar...

Rulings clarify Second Injury Fund procedures.
August 17, 2004... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, sent a message to workers applying for benefits from the Second Injury Fund last week by clarifying the procedures in giving and obtaining workers' compensation...

Failure to attend fact-finding conference did not merit dismissal.
August 18, 2004... Byline: Emily Umbright Ordinarily, a petitioner's failure to attend a fact-finding conference would merit dismissal, but for an employee of the Illinois Department of Corrections, this was not the case. The DOC filed its verified...

Edwardsville becomes home to new law firm.
August 18, 2004... Byline: Paul Felsch In July, Chris Byron, Brian Kalb and Chris Petri decided to leave Gallop, Johnson & Neuman in Clayton, Mo., to join Dave Gerber in establishing their own general practitionership in Edwardsville, Ill. - Byron, Gerber,...

School's student search practice unconstitutional.
August 19, 2004... Byline: Emily Umbright Just in time for the upcoming school year, the 8th U.S. Circuit Court of Appeals held Wednesday that full-scale, "suspicionless" searches of property belonging to public school students are unconstitutional. The...

Judge Brenda Stith Loftin joins board of National Center for State Courts.
August 19, 2004... Byline: staff Judge Brenda Stith Loftin of the St. Louis County Circuit Court has joined the Board of Directors for the National Center for State Courts, a nonprofit organization that serves as a leader and a resource for the nation's...

Hoods Discount Home Center sued over injuries from accident.
August 20, 2004... Byline: Cathy Kingsley What responsibility does a store have in protecting its customers from an accident? At the Hoods Discount Home Center on Missouri Route 30 at Highway W in House Springs, a stack of doors fell on top of Marsha...

Realtors identify difference between giveback and gift.
August 20, 2004... Byline: Mike Nixon As home sales shift from a seller's to a buyer's market, real estate professionals are trying an increasing number of ways to help move property. But veterans of this business remind newcomers anxious to complete a sale...

Construction shortages dubbed as regional by some industry members.
August 20, 2004... Byline: Mike Nixon A national shortage of construction materials reported last month might not be as severe in specific locations as in others, although higher prices are being applied to all involved. "A nationwide survey conducted in...

Drury Plaza Hotel rounds out Chesterfield Village.
August 20, 2004... Byline: staff West St. Louis County won big by attracting Drury Development Corp. to build its third-largest hotel development ever at Chesterfield Village. The hotel will tower 10 stories above the village, containing 275 rooms to suit...

State sues home remodeling firm.
August 20, 2004... Byline: staff Attorney General Jay Nixon has filed a lawsuit in St. Charles County Court against the owners of a home remodeling firm that took hundreds of thousands of dollars from homeowners in both St. Charles and St. Louis counties but...

Fed Reserve Beige Book offers good, bad and neutral.(construction industry)
August 20, 2004... Byline: Erin Suess Area construction forecasts issued at the beginning of the year predicting slow growth and decreased speculative building hold true for the second quarter, confirmed the 8th District Federal Reserve's Beige Book report....

Judge Cahill remembered as exceptional jurist.(Obituary)
August 20, 2004... Byline: Erin Suess A member of the legal community who played a monumental role in the civil rights cause passed away this week, leaving his friends, family and colleagues to remember his good works. Senior Judge Clyde S. Cahill of the...

Kristine Kerr named Family Court commissioner in St. Louis County.
August 20, 2004... Byline: Emily Umbright The attorney who switched from the comforts of private practice to the nitty-gritty world of the Public Defender's Office to learn the ropes of trial practice will take her skills to the other side. After 16...

MO Bar Board of Governors, Young Lawyers Section welcome new members.(Missouri. Bar)(Brief Article)
August 21, 2004... Byline: staff With almost a month until The Missouri Bar ushers in a changing of the guard during its annual meeting, and the timely closing of the Board of Governors and Young Lawyers' Section polls, the results are in, and St. Louisians...

Sen. Ken Jacob named to Labor and Industrial Relations Commission.
August 21, 2004... Byline: staff Missouri Gov. Bob Holden appointed a new chairman of the Labor and Industrial Relations Commission, Sen. Ken Jacob, D-Columbia, on Aug. 17. Jacob replaces John Boyd, a Kansas City, Mo., attorney appointed by Holden to the...

State retains jurisdiction over regulation of telephone lines.
August 24, 2004... Byline: Emily Umbright Telephone service provider Qwest Corp. has been getting its paperwork together since the 8th U.S. Circuit Court of Appeals held on Monday that a state regulatory body has the authority to determine whether Qwest must...

Specific terms not required in MUFTA conspiracy claim.(Missouri Uniform Fraudulent Transfer Act)
August 25, 2004... Byline: Emily Umbright A creditor need not specifically use the terms "piercing the corporate veil" or "alter ego" when bringing a conspiracy claim under the Missouri Uniform Fraudulent Transfer Act, the Missouri Court of Appeals, Eastern...

Burglary of commercial building ruled violent crime by 8th Circuit.
August 25, 2004... Byline: Donna Walter Bound by circuit precedent, a panel of the 8th U.S. Circuit Court of Appeals held the burglary of a commercial building - even with no one inside - constitutes the commission of a violent crime, but two of the panel...

Court reinstates disputed $8.5 million verdict.
August 26, 2004... Byline: Donna Walter A Missouri appeals court has reinstated an $8.5 million verdict award in the case of a toddler who was paralyzed in a one-car accident. Last August, a St. Louis City jury told a car seat manufacturer, Evenflo...

Investors decertified in class action lawsuit.
August 26, 2004... Byline: Emily Umbright The Missouri Supreme Court on Tuesday decertified a class of 650 investors who sought recovery of millions of dollars that went missing after a computer leasing company filed for bankruptcy. While there are...

St. Louis attorney Kathleen Schoene remembered as caring, compassionate.(Obituary)
August 27, 2004... Byline: Erin Suess St. Louis attorney Kathleen Schoene, loved and respected by many in the St. Louis community, died Wednesday after struggling with ovarian cancer. "I knew Kathy for more than 20 years, and she was a very good person,...

8th Circuit Court of Appeals reinstates punitive award of $6 million in arbitration dispute.
August 27, 2004... Byline: Emily Umbright Determining that an arbitrator did not blatantly disregard the law, the 8th U.S. Circuit Court of Appeals reinstated a $6 million punitive damages award for a Kansas City couple fearing foreclosure. The key...

St. Louis County-based Yorkshire Shopping Center receives facelift, makeover.
August 27, 2004... Byline: Erin Suess A familiar landmark in St. Louis County re-emerges with a new look this fall, as Koch Development unveils its makeover of Yorkshire Shopping Center, located at the intersection of Laclede Station and Watson roads. ...

Privacy concerns spread to the real estate industry.
August 27, 2004... Byline: Mike Nixon Worries about security and individual privacy have reached the real estate industry. And agents that work closely with buyers and lenders are being reminded of the responsibility they have to protect confidential...

Grubb & Ellis report highlights retail in second quarter.
August 27, 2004... Byline: Erin Suess Economic stability is ever on the horizon, with consumers steadily driving progress forward. Evidence of this can be seen in Grubb & Ellis|Krombach Partners' Commercial Real Estate Trends-St. Louis second-quarter report,...

St. Louis showcases its buildings at Downtown & Cityscape Awards.(St. Louis Partnership)(Brief Article)
August 27, 2004... Byline: staff The Downtown St. Louis Partnership, in conjunction with Missouri State Bank, is requesting submissions for its Better Downtown and Cityscape Awards. Projects submitted must have been completed as of July 1, 2003, and must...

St. Louis Realtors plan online conference.
August 27, 2004... Byline: Mike Nixon The St. Louis Association of Realtors is preparing for its first-ever local membership conference. This organization is also conducting it in a way that has never been done before among the real estate sales industry in...

Holland Construction continues $12 million renovation.
August 27, 2004... Byline: staff Buoyed by a plan that is permitting tenants to stay open during construction, Holland Construction Services is on schedule with a $12 million renovation program at Nameoki Commons shopping center in Granite City, Ill. ...

Contegra Construction Co. completes Pheasant Point.(Brief Article)
August 27, 2004... Byline: staff Pheasant Point, a new 25,000-square-foot neighborhood shopping center, has just been completed on Highway K, immediately south of Highway N, in O'Fallon, Mo. The $3.75 million development was built by Contegra Construction...

Rubin, Brown, Gornstein & Co. names new tax group manager.(Brief Article)
August 28, 2004... Byline: staff Daniel V. Middendorf, CMI, has joined Rubin, Brown, Gornstein & Co. L.L.P. as a manager in the firm's state and local tax group. He brings more than 16 years in tax consulting to the position where he will provide consulting...

Law firm adds to corporate practice group, tax & estate planning group.(Brief Article)
August 28, 2004... Byline: staff Husch & Eppenberger has recruited associate attorney Amy L. Locklear and member Joel L. Weeks for its corporate practice group and tax & estate planning practice group, respectively. Locklear concentrates on the practice...

Koch Development names new Portfolio Manager.(Brief Article)
August 28, 2004... Byline: staff Milton Haas has been appointed to Portfolio Manager of Koch Development. Haas holds a bachelor's degree in business administration from Duquesne University in Pittsburgh, where he lived prior to the appointment and gained...

Alberici Group names new chief administrative officer.(Brief Article)
August 28, 2004... Byline: staff David Pendleton will bring his 25-plus years of experience to Alberici Group has vice president and chief administrative officer, where he will be responsible for overseeing project controls, subcontracting and quality...

Missouri Higher Education Loan Authority names new VP of human resources.(Brief Article)
August 28, 2004... Byline: staff Susan "Susy" Crump of the Missouri Higher Education Loan Authority has been promoted to vice president of human resources, where she will oversee all aspects of the group's HR department, including recruitment and retention,...

Ascent Corp. names new client services leader.(Brief Article)
August 28, 2004... Byline: staff Derek Kitzelman has joined Ascent Corp. as client services leader, where he will oversee the client services department, monitoring service contract compliance and renewal on behalf of clients. Previously he worked as client...