Daily Record (St. Louis, MO/St. Louis Countian) articles from August 2006

Daily Record (St. Louis, MO/St. Louis Countian) archives from August 2006

MO-based Bryan Cave, Cleveland-based Squire Sanders call off merger.
August 1, 2006... Byline: Heather Cole (The following story originally appeared in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Bryan Cave and Cleveland-based Squire Sanders & Dempsey called off their merger talks. ...

Case settled with gun maker in U.S. District Court for $357,500.
August 1, 2006... Byline: Donna Walter A teenage boy injured when a hunting rifle accidentally discharged settled his lawsuit against the firearm manufacturer for $357,500 and court costs. U.S. District Judge Catherine Perry approved the settlement on...

Commentary: Chicken or egg: The answer may surprise you.
August 2, 2006... Byline: Jim Wirken This week's Wirken Quote is: "What comes first, the chicken or the egg?" You have probably heard this question while in hundreds of meetings both in your law firm and community activities. After the question is...

OSHA revises its procedures for safety complaints.
August 2, 2006... Byline: Lawyers USA (This article was originally published in Lawyers Weekly USA, another Dolan Media publication). OSHA has revised its policies and procedures for handling workplace safety and health complaints. The guidance...

St. Louis cardiologist on trial over man's death.
August 2, 2006... Byline: Allison Retka A Belleville, Ill., couple faced a St. Louis cardiologist Monday in a wrongful death trial in St. Louis County Circuit Court over the death of their son. Robert Hicks Jr. died in November 2001 of a pulmonary...

St. Louis jury awards $13M in second trial of wrongful death suit.
August 2, 2006... Byline: Emily Umbright Seven years and two trials after a Joplin couple died in 1999 from carbon monoxide poisoning, the couple's survivors finally received closure in the form of $13 million awarded by a St. Louis jury. Last...

St. Louis judge issues TRO against online matchmaking service.
August 3, 2006... Byline: Emily Umbright Not even the sultry voice of Carmen Electra could disguise the belief of 140 St. Louis-area phone subscribers that the telephone calls bearing her name were the result of telemarketers. Upon request by the...

Missouri accident victim's family gets $507,000 in mediation of case.
August 3, 2006... Byline: Donna Walter The family of a man killed in a car accident in Warren County has settled for $507,000 its lawsuit against the owner-operators of the tractor trailer involved in the accident. The settlement still needs court...

Appellate mediation catches on in federal, state courts.
August 3, 2006... Byline: Nora Lockwood Tooher (This article was originally published in Lawyers USA, Boston, MA, another Dolan Media publication.) Robert Rack's caseload at the 6th Circuit includes appeals of bankruptcy proceedings, employment...

Law firms and businesses need to prepare for bird flu.
August 4, 2006... Byline: Massachusetts Lawyers Weekly Staff Writer With the World Health Organization reporting the first confirmed case of human-to-human transmission of the bird flu last month, and with the Congressional Budget Office warning that the...

Advancement can be sought in foreign court, 7th Circuit says.
August 4, 2006... Byline: David Ziemer An employee seeking to compel his employer to advance his attorney fees can do so in Delaware state court, even though the lawsuit is pending in federal court, the 7th Circuit held on July 25. After Jacob Citrin...

Commentary: Marketing assistants - a rainmaker's greatest tool.
August 4, 2006... Byline: Mark Powers One question I constantly grapple with is this: how can good lawyers, whose days are filled with constant interruptions, difficult staffing issues and demanding clients, become great marketers? Most attorneys are...

Contracts advised for cohabitating seniors.
August 5, 2006... Byline: Nora Lockwood Tooher Long Island elder law attorney Stephen J. Silverberg has a standard piece of advice for older clients considering marriage: "Don't do it." While Silverberg, a partner in the trust and estate practices group...

Rules change for 'offers in compromise'.
August 5, 2006... Byline: Lawyers Weekly USA Taxpayers submitting "offers in compromise" will be required to pay up front, under a provision in a new law that went into effect on July 16. The "offer in compromise" program allows taxpayers unable to pay...

Private judges in the public eye.
August 5, 2006... Byline: Correy E. Stephenson Private judges may not conduct jury trials, the Ohio Supreme Court recently ruled, ending the practice of private jury trials held at taxpayers' expense. The use of private judges, a popular practice in...

Lawyer is an unlikely anti-spyware crusader.
August 5, 2006... Byline: Sylvia Hsieh Shawn Collins is not the kind of lawyer you'd expect to file the first-ever class action against spyware companies. The Chicago environmental law specialist didn't even know how to use the Internet until last year. ...

FDA reconsiders restricting access to contraceptive pill.
August 5, 2006... Byline: Mike Nixon The Food and Drug Administration confirmed Monday that it will consider over-the-counter sales of a drug some call an emergency contraceptive and others refer to as an abortion pill. This move could reverse an earlier...

'My Cousin Vinny' still the winner among criminal defense lawyers.
August 5, 2006... Byline: Nora Lockwood Tooher Fourteen years after its release, "My Cousin Vinny" retains a devoted audience in the criminal defense legal community. This spring, two presenters at a National Association of Criminal Defense Lawyers...

John W. Howald named one of the best estate-planning lawyers in the U.S.
August 5, 2006... Byline: St. Louis Daily Record Staff John W. Howald, a member of the Jefferson County law firm of Thurman, Howald, Weber, Senkel & Norrick LLC, has been selected as one of the best estate-planning lawyers in the United States by Best of...

William M. Corrigan Jr. to serve as delegate to American Bar Assn.'s House of Delegates.
August 5, 2006... Byline: St. Louis Daily Record Staff William M. Corrigan Jr., a past president of The Missouri Bar and a partner at Armstrong Teasdale, was elected by The Missouri Bar to serve as a delegate to the American Bar Association's House of...

St. Louis-based McGrath & Associates hires project engineer.
August 5, 2006... Byline: St. Louis Daily Record Staff St. Louis-based general contractor McGrath & Associates has hired Daniel Gold of Webster Groves as a project engineer. He will assist project managers with all aspects of a project. Gold earned his...

Helfrey, Neiers & Jones P.C. changes name.
August 5, 2006... Byline: St. Louis Daily Record Staff Helfrey, Neiers & Jones P.C. has changed its name from Helfrey, Simon & Jones. Established in 1991, the firm provides services to businesses and individual clients in the areas of business transactions,...

Two appointed to the St. Charles County Regional Advisory Board at Midwest BankCentre.
August 5, 2006... Byline: St. Louis Daily Record Staff Daniel J. Barnard, president of Greater Missouri Builders Inc., and Steven J. Lierman, managing partner of ElderCare Management Services, have been appointed to the St. Charles County Regional Advisory...

The First Bank board of directors announces promotion of seven officers in Missouri.
August 5, 2006... Byline: St. Louis Daily Record Staff The First Bank board of directors recently announced the promotion of seven officers in Missouri: Marlys R. Iverson (Arnold) has been promoted to vice president; Michelle Dunnavant (Creve Coeur) has...

Owner of Brinkmann Constructors to transfer 15% ownership to 7 employees.
August 5, 2006... Byline: St. Louis Daily Record Staff After 22 years as sole owner of Brinkmann Constructors, Robert G. Brinkmann is transferring 15 percent ownership of the 90-person company to seven longtime employees. Brinkmann, 57, remains president...

Husch & Eppenberger associate wins case in cooperation with Lesbian & Gay Rights Project.
August 5, 2006... Byline: St. Louis Daily Record Staff Husch & Eppenberger LLC associate Lisa Brunner, through her pro bono efforts, has achieved a significant victory for Missouri's foster children and gay and lesbian people who want to help children in...

J.W. Terrill names new vice president.
August 5, 2006... Byline: St. Louis Daily Record Staff John Patterson has been promoted to vice president at J.W. Terrill. In his new position, Patterson will continue serving Terrill's more than 2,225 commercial clients. He joined the firm in 2000 and most...

Schowalter & Jobouri P.C. adds senior accountant to tax department.
August 5, 2006... Byline: St. Louis Daily Record Staff Craig R. Schatz, CPA, has joined Schowalter & Jobouri P.C. as a senior accountant in the tax department. He holds a master's degree in accounting, with a tax certificate, from the University of...

Employers get tough about laptop security.
August 6, 2006... Byline: Correy E. Stephenson Another day, another story of stolen laptops filled with personal information. The spate of thefts began in February 2005 when the laptop of an employee at consumer data broker ChoicePoint containing the...

Medical marijuana laws going up in smoke.
August 6, 2006... Byline: Dick Dahl Although the medical marijuana movement received a devastating blow last year when the U.S. Supreme Court negated legal protections in 11 states, lawyers involved in several pending actions say the issue is far from dead....

Where's that file? Tracking technology can tell you.
August 6, 2006... Byline: Michelle Lore Where did you last see that file? A colleague's office? Your secretary's desk? The break room? You absolutely have to find it - now - so you can begin working on that temporary injunction my client just requested! ...

Finding clients, or rather, having someone find them for you.
August 6, 2006... Byline: Sheryl M. Vassallo It's 11 p.m. and you're ready to call it a night, but you can't sleep. Your mind is racing and you can't stop wondering if tomorrow will be the day you will find your match, that perfect someone who supports...

Commentary: Mathematics has an impact on certainty in the law.
August 6, 2006... Byline: Rick Trilling As we continue to look at the core subjects taught in business school M.B.A. programs, each first from a business perspective followed by how it can be applied to the practice of law, the examples proffered have been...

Employment discrimination lawsuit returns to St. Louis County Circuit Court.
August 7, 2006... Byline: Allison Retka An employment discrimination case returns to county Judge Barbara Wallace's courtroom Monday following an appeals decision that reversed her original ruling. Wallace granted American Airlines summary judgment more...

Employment discrimination lawsuit returns to St. Louis County Circuit Court.
August 7, 2006... Byline: Allison Retka

7th Circuit rules collection letter questioning debtor's honesty violates federal Fair Debt Act.
August 7, 2006... Byline: Reni Gertner A plaintiff who received a collection letter that seemed to question her honesty can sue the collection agency under the Fair Debt Collection Practices Act, the 7th U.S. Circuit Court of Appeals has ruled in reversing...

St. Louis County jury clears cardiologist in wrongful death case.
August 8, 2006... Byline: Allison Retka A St. Louis cardiologist was not negligent when he did not order emergency tests for a Illinois man who died four days after seeing the doctor, a St. Louis County jury decided Wednesday night. Jury members...

St. Louis County software company settles class-action securities suit for $3.15M.
August 8, 2006... Byline: Donna Walter A federal judge on Friday approved the $3.15 million settlement of a class-action securities lawsuit against Tripos Inc., a drug-development services and software company based in St. Louis County. The lawsuit...

American Airlines counters discrimination claim in St. Louis County Circuit Court.
August 9, 2006... Byline: Allison Retka American Airlines defended its termination of former employee Lamonte Young on Tuesday morning, asserting a supervisor did not fire Young because he is black. In fact, defense attorney Jerry Carmody said the...

Murder trial in St. Louis County ends abruptly as man admits his guilt.
August 9, 2006... Byline: Allison Retka The murder trial for the death of Affton Fire Chief Jerry Buehne ended abruptly Tuesday morning when Claudex Simmons pled guilty to all five counts against him. His surprise plea followed testimony from the...

Employee retaliation claims have more teeth now.
August 9, 2006... Byline: Barbara L. Jones (This article originally ran in Minnesota Lawyer, Minneapolis, another Dolan Media publication). Advising employers to be careful when responding to employees who have brought discrimination claims has always...

Commentary: Make change at your firm or board : Break the circle.
August 9, 2006... Byline: Jim Wirken This week's Wirken Quote is: "The most important thing to do is to break the circle." When I first heard this week's quote, I must admit I was totally blown away. The comment had come from one of the most...

St. Louis-based fantasy baseball Web site wins in federal court.
August 10, 2006... Byline: Donna Walter A St. Louis-based fantasy baseball provider hit a home run out of the federal courthouse on Tuesday when a judge said selling names and statistics of Major League Baseball players does not violate their right of...

Republicans vie for judgeships in St. Charles County primary.
August 10, 2006... Byline: Allison Retka Tuesday's primary elections in St. Charles County decided several contested Republican races for judgeships, with voters mustering behind attorney Rick Zerr for a circuit court judge seat. Zerr, a longtime...

Contested judicial elections held in Jefferson County area.
August 10, 2006... Byline: Cathy Kingsley Voter turnout was much less than expected considering the large slate of candidates running in the primary election Tuesday. While turnout was estimated to be around 30 percent, the figure was closer to 15 percent....

NY investor settles with St. Louis air cargo company.
August 11, 2006... Byline: Allison Retka A New York investor settled with the owners of two air cargo centers in St. Louis and Kansas City on Tuesday, halting an in-progress jury trial on the case in St. Louis County Circuit Court this week. Attorneys...

St. Louis attorney files suit in the U.S. District Court against feds over attorney fees.
August 11, 2006... Byline: Donna Walter St. Louis attorney John J. Allan is suing the federal government for payment of attorney fees arising out of his representation of a construction company in a dispute related to the Thomas F. Eagleton U.S. Courthouse...

Commentary: Appellate actions address antenuptial agreement attacks.
August 12, 2006... Byline: Marshall H. Tanick Trends in wedding garb and ceremonies may come and go, but antenuptial agreements are never out of fashion. These premarital instruments in which aspiring spouses generally renounce an interest in the other's...

Broker wins $1.25 million arbitration award on ADA, FMLA claims.
August 12, 2006... Byline: Ertel Berry A Charlotte, N.C. broker has won a $1.25 million arbitration award on claims that he was improperly demoted - then had to quit - after returning from a brief hospital stay for treatment of a bipolar disorder. The...

Class-action lawsuits moderate as consumers set standards.
August 12, 2006... Byline: Mike Nixon Class actions give the little guy muscle to take on large challenges. They generally take aim at specific industries or corporations and have become a valuable tool in protecting consumer rights and expectations. ...

Class-action lawsuits moderate as consumers set standards.
August 12, 2006... Byline: Mike Nixon

Commentary: We should celebrate the English language.
August 12, 2006... Byline: Judge Kaye Tertzag When doctors talk to patients, we should be able to understand them. When college instructors give lectures to students, we should be able to understand them. When computer support-staff speak to...

Commentary: Are small firms that can't afford legal malpractice insurance a public danger?
August 12, 2006... Byline: Edward Poll Centuries ago, Massachusetts lawyers established the fundamental principle of "no taxation without representation." In that same spirit, several years ago the state's lawyers resisted the American Bar Association's...

Stinson Morrison Hecher LLP adds three to Kansas City, Washington D.C. offices.
August 12, 2006... Byline: St. Louis Daily Record Staff Stinson Morrison Hecker LLP announces the addition of Barkley Clark, Mark Hargrave and Mark Ovington to its Kansas City and Washington, D.C., offices. Clark, Hargrave and Ovington previously were part...

Greensfelder, Hemker & Gale PC adds to staff.
August 12, 2006... Byline: St. Louis Daily Record Staff The law firm of Greensfelder, Hemker & Gale PC announced the 2006 edition of Chambers USA: America's Leading Lawyers for Business has recognized two members of Greensfelder's Labor and Employment...

Greensfelder, Hemker & Gale PC adds to staff.
August 12, 2006... Byline: St. Louis Daily Record Staff The firm of Greensfelder, Hemker & Gale PC announced Vanessa Robinson Keith joined the firm as an officer in the Litigation Practice Group. Keith represents clients in the areas of commercial...

RubinBrown names new manager in Assurance Services Group.
August 12, 2006... Byline: St. Louis Daily Record Staff RubinBrown has promoted Tracy L. Senf, CPA, to manager in the Assurance Services Group. In her new position, she manages and supervises audit engagements for clients in the real estate and mortgage...

Gallop, Johnson & Neuman serves as counsel to NAP Holdings for acquisition.
August 12, 2006... Byline: St. Louis Daily Record Staff The law firm of Gallop, Johnson & Neuman served as counsel to NAP Holdings, LLC of Jasper, Ind., in connection with NAP Holdings' acquisition of the capital stock of Les outils Gladu Inc., a leading...

Lutheran Foundation of St. Louis adds to board of directors.
August 12, 2006... Byline: St. Louis Daily Record Staff James R. Dankenbring has been elected to the Lutheran Foundation of St. Louis board of directors. He will serve a three-year term as a member of the 15-person board. The foundation has assets of...

Seventh Circuit rules on doctrine of claim preclusion.
August 13, 2006... Byline: David Ziemer The doctrine of claim preclusion bars subsequent litigation, even though the plaintiffs' legal theories in the second action differ from those in the first, the 7th Circuit held on Aug. 2. The County J/Highway 164...

Lawsuits go after Missouri music downloading.
August 13, 2006... Byline: Charles Emerick The recording industry continued its crackdown last week on individuals who illegally download copyrighted music. Two western Missouri residents were among six in the state who were sued by the Recording...

The stakes in some lawsuits are high (tech).
August 13, 2006... Byline: Bridget Heos Say you're in court. During a crucial argument, you suddenly can't talk. Your mouth muscles are like lead. The judge and jury are waiting and... nothing. Sounds like a nightmare doesn't it? With technology in...

Expense report abuse: Much ado about nothing?
August 13, 2006... Byline: Tracy L. Coenen

Commentary: Employment contract morals clauses open to interpretation.
August 13, 2006... Byline: John Finerty When Mel Gibson was arrested in Malibu, Calif. for drunk driving, and went on an anti-Semitic tirade, studio executives in Hollywood likely cringed. Then, they undoubtedly pulled out their contracts with Gibson to read...

Jury clears American Airlines of discrimination charge.
August 14, 2006... Byline: Allison Retka American Airlines did not fire ex-employee Lamonte Young because he was black, a St. Louis County jury decided Thursday afternoon. Young, a fleet service clerk for American Airlines operations at Lambert-St. Louis...

Better Business Bureau symposium intended to address charity standards.
August 14, 2006... Byline: Mike Nixon Fewer people trust charities. The exposure of scams, frauds and fronts in recent years has boosted skepticism among donors, but failed to slow overall contributions. If anything, according to business and public...

TEST TEST TEST TEST Hoteliers 'all smiles' despite gas prices, terrorism threats.
August 15, 2006... Byline: Mike Trask The hotel industry, including those in St. Charles County, endured a downturn in the aftermath of the Sept. 11, 2001, terrorist attacks that occurred in New York and Washington, D.C., almost five years ago. But since...

States grapple with contentious relocation issues in custody cases.
August 15, 2006... Byline: Nora Lockwood Tooher (This article was originally published in Lawyers Weekly USA, Boston, another Dolan Media publication). In a landmark ruling last month, Massachusetts' highest court determined that a mother with joint...

Five liability cases against Merck removed from circuit to federal court in in St. Louis.
August 15, 2006... Byline: Donna Walter Five product liability lawsuits against drug maker Merck & Co. were removed to the U.S. District Court in St. Louis last week, and Merck attorneys plan to seek transfer of the cases to the federal court in the Eastern...

Judge rules against IRS in tax shelter case.
August 15, 2006... Byline: Lawyers USA (This article was originally published in Lawyers USA, a sister publication). A federal judge in Texas has ruled that the IRS overstepped its authority by retroactively banning "Son of Boss" tax shelters. "Son...

Real estate lawyers see a residential work slump.
August 16, 2006... Byline: Nora Lockwood Tooher (This article was originally published in Lawyers USA, Boston, another Dolan Media publication). If you're a real estate lawyer, how you're faring this year depends on where you practice and what area of...

Real estate attorneys speak about business.
August 16, 2006... Byline: Nora Lockwood Tooher (This article was originally published in Lawyers USA, Boston, another Dolan Media publication). * Tom Stoops, Stoops Denious Wilson & Murray PLC, Phoenix After a two-year period in which property values...

ABA opposes proposed inspector general for federal judges.
August 17, 2006... Byline: Donna Walter The American Bar Association House of Delegates formally opposed pending legislation that would create an inspector general for the federal judiciary answerable to Congress. The House of Delegates approved the...

Man requests removal from sex offender registry.
August 17, 2006... Byline: Allison Retka A man has asked the Circuit Court of St. Louis County to enter a judgment saying he is no longer required to register as a sex offender. A petition for the man, formerly a resident of Iowa, claims he was "coerced"...

Employee sues heart group for improper termination.
August 17, 2006... Byline: Allison Retka A former employee has sued a cardiovascular center in the Circuit Court of St. Louis County, claiming supervisors fired her when she objected to directives ordering her to overcharge Medicare-covered patients for...

7th Circuit rules minor's consent to sex no defense in Title VII suit.
August 18, 2006... Byline: Lawyers Weekly USA (This article originally ran in Minnesota Lawyer, Minneapolis, another Dolan Media publication.) A minor's consent to sex with an adult co-worker cannot be used as a defense in a Title VII suit for sexual...

Members of MO Bar Assn. choose 2006-2007 Board of Governors, Young Lawyers' Section.
August 18, 2006... Byline: St. Louis Daily Record Staff The lawyers of Missouri, voting in districts throughout the state, have elected eight new members to the Board of Governors of The Missouri Bar and retained 11 incumbents for new terms. Voting at...

Prejudice galvanizes Muslim lawyers.
August 19, 2006... Byline: Dick Dahl Prior to Sept. 11, 2001, Rufiath Yousuff didn't think much about politics or civil rights. A student at the University of Melbourne in Australia at the time, Yousuff led a quiet life of opportunity provided by her...

Commentary: Eighth Circuit looms large in abortion battle.
August 19, 2006... Byline: Marshall H. Tanick The 8th U.S. Circuit Court of Appeals has become the legal epicenter for the battle over abortion. When the U.S. Supreme Court reconvenes for its 2006-07 term in October, it will take up the latest abortion...

Lawyers adopt decree supporting attorney-client privilege.
August 19, 2006... Byline: Mike Nixon Some concerned lawyers have begun to question the relationship between government and big business. While general public support has been voiced regarding recent crackdowns on corporate corruption, some observers have...

More patent cases are being taken on contingency fee basis.
August 19, 2006... Byline: Sylvia Hsieh A growing number of law firms are willing to share the risk of patent litigation by taking cases on a contingency fee basis. Although these may represent only a tiny fraction of cases, more firms are trying to...

The 'Anonymous Lawyer' publishes a book based on a blog.
August 19, 2006... Byline: Correy E. Stephenson It's the 21st Century version of being discovered. In March 2004, a new blog was launched from the perspective of a fictional hiring partner at a large law firm in a major city. Biting, sarcastic and at...

First National Bank of St. Louis hires senior vice president of mortgage lending.
August 19, 2006... Byline: St. Louis Daily Record Staff First National Bank of St. Louis has hired Neil C. Volkmann as senior vice president of mortgage lending. In addition to Volkmann, the bank has hired nine new mortgage loan officers, doubling First...

Millennium Communications hires communications specialist.
August 19, 2006... Byline: St. Louis Daily Record Staff Millennium Communications Inc. has hired Ashley D. Gammon as a communications specialist in its St. Louis office. Gammon joined Millennium in May as an intern. In her new position, she provides media...