Daily Record (St. Louis, MO/St. Louis Countian) articles from August 2008

Daily Record (St. Louis, MO/St. Louis Countian) archives from August 2008

Three women nominated for St. Louis judge spot.
August 1, 2008... Byline: Donna Walter For the first time in four years, three women have been nominated to fill a judicial vacancy. The 22nd Circuit Judicial Commission sent to Gov. Matt Blunt the names of St. Louis Associate Circuit Judge Paula Perkins...

After five months, Missouri Supreme Court passes on tobacco appeal.
August 1, 2008... Byline: Scott Lauck A $20 million verdict linking smoking to a woman's death likely will head back to Jackson County court after a lengthy appeal ended without comment. The Missouri Supreme Court on Thursday retransferred the case against...

8th Circuit tosses $1.4 million verdict against St. Peters.
August 1, 2008... Byline: Donna Walter The corporation that owned a St. Peters bar and grill isn't entitled to the nearly $1.4 million verdict a federal jury awarded it two years ago in a case alleging St. Peters city officials retaliated against the bar...

Missouri Supreme Court: Commitment allowed for prior SVP offenses.
August 1, 2008... Byline: Kelly Wiese A divided Supreme Court on Thursday affirmed a man's commitment as a sexually violent predator, even though the sentence he was completing did not qualify as a sexually violent crime. The court heard arguments in...

Senior U.S. District Judge Stephen Limbaugh Sr. to join Armstrong Teasdale.
August 1, 2008... Byline: Donna Walter The federal court's loss will be Armstrong Teasdale's gain. Senior U.S. District Judge Stephen Limbaugh Sr. will join the firm in September in an of counsel capacity, he said Thursday. Telephone messages left at the...

Democratic candidate for Missouri attorney general, Molly Williams, breaks silence on Web.(Website overview)
August 1, 2008... Byline: Charles Emerick Just days away from the primary election, Democratic attorney general candidate Molly Williams is finally coming out of the shadows. A new Web site -- www.mollywilliams.info -- recently popped up on the Internet,...

Former Engineered Support Systems execs plead guilty in federal court in Missouri.
August 1, 2008... Byline: Angela Riley Former Engineered Support Systems executives have pled guilty to one of 12 charges relating to backdating stock options at the company in federal court. In July 2007, three Engineered Support Systems' executives were...

Most applicants for vacant seat on Missouri Supreme Court are white, male.
August 1, 2008... Byline: St. Louis Daily Record Staff Report Of the 23 who have applied to sit on the state Supreme Court, most are white and male, according to demographic information released Thursday. Those looking to succeed Judge Stephen N. Limbaugh...

Missouri public defenders inch closer to case refusal.
August 4, 2008... Byline: Kelly Wiese They've talked about it for a year and a half. Now the state public defender system is putting its plan to refuse new cases into action, on a small scale. The public defender system sent a letter Friday to judges in...

Limbaugh Sr. leaves the bench with a clear docket and no regrets.
August 4, 2008... Byline: Donna Walter The long farewell came to an end Thursday evening as Stephen N. Limbaugh left the Thomas F. Eagleton U.S. Courthouse for the last time as a federal judge. On his last day of work, the judge tried to clear off as much...

H&R Block has its people sue American Express' people in federal court in Kansas City.
August 4, 2008... Byline: Charles Emerick American Express may need to call its people now that it is a defendant in a lawsuit filed last week in Kansas City. A petition filed on Thursday in federal court alleges a commercial by the credit card company is...

Missouri's Best survey returns.
August 4, 2008... Byline: St. Louis Daily Record Staff Report It's time to vote twice. Yes, there's a primary election on Tuesday, but this week also opens the balloting in the annual Missouri's Best survey. All Missouri legal professionals can vote on...

Commentary: At least I try to get the law right.
August 4, 2008... Byline: Craig Napier Are you serious? Really? While it once seemed just a funny SNL quip from Weekend Update, it now is a moniker that I have to hold back when debating other lawyers about cases. I have obviously moved into handling more...

MOKAN president pleads guilty to not paying taxes.
August 4, 2008... Byline: St. Louis Daily Record Staff Report The president of a company that consults and trains minority-owned businesses has pleaded guilty to not paying enough taxes, the U.S. attorney's office says. Eddie Hasan pleaded guilty Friday to...

St. Louis barge litigation may keep on rolling.
August 5, 2008... Byline: Donna Walter On his last day of work last week, Senior U.S. District Judge Stephen N. Limbaugh issued his final order in a massive 10-year-old case over the property damage that occurred when a group of barges hit the Admiral. But...

Federal judge will rule on whether family must move to Israel.
August 5, 2008... Byline: Kelly Wiese A federal appeals court has ruled that a federal judge must consider a divorced father's suit under an international standard seeking to have his children sent to Israel. The man and woman were married in Israel but...

Power line injury heads to trial in Jackson County.
August 5, 2008... Byline: Charles Emerick A Jackson County jury will soon start hearing evidence in the case of a Buckner man who suffered crippling injuries in a deadly crane accident. Stanley Rorrer, an employee for the city of Independence, sustained...

New law called a victory for gay rights in Missouri.
August 6, 2008... Byline: Kelly Wiese It's a minor section of the law, but it's one that can make a big difference to some couples at the end of their lives. The Legislature this year passed a law that allows gay partners and others not legally married to...

Missouri Supreme Court rules med mal theory OK for expert explanation.
August 6, 2008... Byline: Angela Riley Plaintiffs can now bring medical malpractice cases that involve common medical knowledge that needs a medical expert's testimony to explain, the Missouri Supreme Court ruled. The legal theory of res ipsa loquitur --...

Missouri Court of Appeals Western District rules on moot measure.
August 6, 2008... Byline: Charles Emerick Months after a deadline passed to submit ballot signatures, a court ruling on Tuesday officially ended a controversial initiative aimed to stop affirmative action programs in Missouri. The Missouri Court of Appeals...

Recount potential looms in attorney general, other races in Missouri.
August 7, 2008... Byline: Kelly Wiese It has been more than 24 hours since the polls closed and the ballots were counted, yet margins of victory are so close in the primary race for attorney general and some others that they may get tallied all over again....

Restraining order request dropped over St. Stanislaus in St. Louis Circuit Court.
August 7, 2008... Byline: Angela Riley It was standing room only at motion hearing for a temporary restraining order against St. Stanislaus Kostka Church on Wednesday in St. Louis Circuit Court. But, in the end, the request was dropped because the defense...

Missouri Court of Appeals Western District says old statute now is pointless.
August 7, 2008... Byline: Charles Emerick For the second time in 20 years, the Missouri Court of Appeals Western District has questioned the necessity of a state statute that dates back to the early 1900s. In an opinion handed down on Tuesday, the court...

Eminent domain measure invalid in Missouri; lawsuit planned.
August 8, 2008... Byline: Kelly Wiese A group that proposed two measures restricting use of eminent domain plans a legal challenge to the secretary of state's determination that the measures lacked enough signatures to make the November ballot. Meanwhile,...

St. Louis Circuit Court awards K.C. rail worker $1.43 million.
August 8, 2008... Byline: Angela Riley A former switchman for Union Pacific Railroad, who can no longer work due to osteoarthritis, was awarded $1.43 million in a personal injury lawsuit against the railroad on Tuesday in St. Louis Circuit Court. A jury...

St. Louis Attorney: 'Take the first bite'.
August 8, 2008... Byline: Angela Riley Three weeks ago, a tractor trailer crashed into stopped cars on Highway 40 injuring 15 and killing three people. Just five days after the accident, the first lawsuit was filed. Two additional suits have followed and...

St. Louis Gateway Arch accident report could pave way for suits.
August 11, 2008... Byline: Kelly Wiese Last summer, as tourists were being carried up to see the view from atop the Gateway Arch, a cable snapped in the tram, knocking out power and trapping visitors for a few hours. With a new report out blaming the...

Wrongful death prompts search for rightful father in St. Louis County Circuit Court.
August 11, 2008... Byline: Angela Riley It's rare to see a father vying for paternity of a child. To have two fathers competing for paternity is essentially unheard of. At least that's what two local attorneys thought, until two clients came to them...

Lawsuit dismissed in death of Kansas City door-to-door surveyor.
August 11, 2008... Byline: Charles Emerick A lawsuit filed in connection with the high-profile death of a Kansas City woman was recently dismissed by a federal judge. The wrongful death claim filed by Summer Shipp's daughter, Brandy, asserted the companies...

Eat pizza, then you can work it off.
August 11, 2008... Byline: Mike Trask Voters in St. Charles City on Tuesday overwhelmingly approved a $30 million bond issue to help finance the construction of a community center in the 2600 block of Veterans Memorial Parkway. But the vote doesn't necessary...

Commentary: Olympics give China too much of a platform.
August 11, 2008... Byline: Craig Napier It's Olympics time again, and we're in the smoggy belly of the big red Monster west of us on the Pacific Ocean. I'm no China expert, but I can't believe the world allowed such an instant public relations piece for a...

Auto theft not a violent crime, 8th Circuit says.
August 12, 2008... Byline: Donna Walter A federal appeals court said Monday it would no longer consider auto tampering and most types of auto theft to be crimes of violence. Just one type of auto theft -- by coercion -- has an inherent threat of violence and...

Auto theft not a violent crime, 8th Circuit says.
August 12, 2008... Byline: Donna Walter A federal appeals court said Monday it would no longer consider auto tampering and most types of auto theft to be crimes of violence. Just one type of auto theft -- by coercion -- has oan inherent threat of violenceo...

8th U.S. Circuit Court of Appeals OKs dismissal of K.C. housing suits.
August 13, 2008... Byline: Donna Walter A federal appeals court upheld the dismissal of class action lawsuits alleging black residents in Kansas City were charged higher homeowner insurance rates than white residents. The 8th U.S. Circuit Court of Appeals...

St. Louis courthouses empty for judicial college.
August 13, 2008... Byline: Angela Riley The hallways of local courthouses will feel quite empty this week, and the business attire of many employees will be replaced by jeans and Cardinals shirts. Business at the courts has slowed because most judges in St....

Saint-Gobain loses appeal on injuries in Missouri Court of Appeals Western District.
August 13, 2008... Byline: Charles Emerick Two men will keep nearly $1.5 million they received for burn injuries sustained while working as contractors for Saint-Gobain Calmer, an appeals court ruled on Tuesday. In two separate opinions, the Missouri Court...

St. Louis Circuit Clerk Thompson elected president-elect of National Bar Association.
August 13, 2008... Byline: Angela Riley Local attorney and former St. Louis Circuit Clerk Mavis Thompson has been elected president-elect of the National Bar Association. As the elected president of the nation's oldest and largest black legal organization,...

Prosecutors defend charges against Lori Drew from O'Fallon.
August 14, 2008... Byline: Sarah Wienke The federal government is defending its use of the Computer Fraud and Abuse Act to prosecute Lori Drew, the O'Fallon woman accused of harassing a teen by creating a fake online identity on MySpace. On Monday, Assistant...

Missouri Appellate Judicial Commission to meet regarding Limbaugh vacancy.
August 14, 2008... Byline: St. Louis Daily Record Staff The Missouri Appellate Judicial Commission announced Wednesday that it will meet at noon Thursday, Aug. 21 at the Supreme Court of Missouri in Jefferson City, to select three nominees for the vacancy on...

Kansas City hospital faces rights suit.
August 14, 2008... Byline: Charles Emerick Behind a locked door at Children's Mercy Hospital, Lisa Herron showed a group of supportive female co-workers the scars left behind from a double mastectomy. But that moment, which Herron called a celebration of my...

Nixon files pair of suits in K.C., St. Louis.
August 14, 2008... Byline: Charles Emerick Missouri Attorney General Jay Nixon filed two unrelated lawsuits on Tuesday -- one each in Kansas City and St. Louis. In Jackson County Circuit Court, a South Carolina company was accused of not providing promised...

Ex-St. Louis fire chief to fight demotion in court.
August 14, 2008... Byline: Angela Riley The St. Louis City Civil Service Commission denied an ex-St. Louis fire chief's appeal of his demotion, but he and his attorney are prepared to fight the decision in court. The City Civil Service Commission issued a...

St. Louis lawyers speak at conference in Chicago: E-discovery expensive.(Conference news)
August 14, 2008... Byline: Donna Walter St. Louis lawyers Dan Nelson and Steve Sherman gave federal lawyers and judges a peek under the hood in the e-discovery seminar Wednesday afternoon at the 8th Circuit Judicial Conference. The annual conference is being...

Missouri Court of Appeals Western District asked to reinstate $17M award.
August 15, 2008... Byline: Charles Emerick Attorneys for a class of plaintiffs want an appellate court to reinstate a $17.3 million verdict wiped out by a trial court judge. In arguments before the Missouri Court of Appeals Western District on Thursday, a...

8th Circuit reverses its lengthened sentence.
August 15, 2008... Byline: Angela Riley The U.S. Supreme Court declared in June that a federal appeals court may not order a defendant's sentence to be increased without an appeal or cross appeal from the government. Dutifully, the 8th U.S. Circuit Court of...

Ballot measure on casino cap in Missouri subject of suit.
August 15, 2008... Byline: Charles Emerick A lawsuit filed Thursday is challenging a ballot measure that would prevent any new casinos from being built in Missouri. The proposal, titled The Schools First Elementary and Secondary Education Funding Initiative,...

Law professors debate constitutional analysis at 8th Circuit Judicial Conference.(Conference news)
August 15, 2008... Byline: Donna Walter Judges and lawyers attending the 8th Circuit Judicial Conference in Chicago this week were treated to a lively debate about constitutional interpretation. Law professors Steven G. Calabresi, of Northwestern Law, and...

Series of deaths at Clayton law firm leave some wondering.
August 18, 2008... Byline: Kelly Wiese Most think it's just an odd set of coincidences. But they still scratch their heads and can't help but wonder if there's more to the story. The civil defense firm of Boggs, Avellino, Lach & Boggs has had three of its...

Commentary: Ups and downs are tough to take, or share.
August 18, 2008... Byline: Craig Napier Sometimes I think managing my wife's expectations is just as important as managing my client's. Recently a case we've been working on had a chance to settle, and everyone was optimistic about our chances. I informed my...

Margaret Donnelly to seek recount in Missouri election.
August 18, 2008... Byline: Scott Lauck An appeal of an election recount in Johnson County, Mo., might not have made a difference in that dispute, but it could guide a recount request in the Democratic primary for attorney general. Margaret Donnelly announced...

Law, independent judiciary critical, Kansas City businessman says.
August 19, 2008... Byline: Donna Walter Respect for the rule of law and an independent judiciary is essential for commerce, a Kansas City businessman told a group of federal lawyers and judges Friday at the 8th Circuit Judicial Conference in Chicago. Landon...

Watching and wasting: Internet's drain on workplace productivity.
August 19, 2008... Byline: Angela Riley Workplace productivity is something that is always on employers' minds, but with recent events, they might have even more obstacles to their employees staying focused in the workplace. Nielsen Online released a study...

Missouri Bar names new members to board, YLS council.
August 19, 2008... Byline: St. Louis Daily Record Staff Report Members of The Missouri Bar elected eight new members to the organization's Board of Governors and retained 12 incumbents for new terms, the bar said Monday in a press release. Also Monday, the...

U.S. District Court rules Metro not subject to open records laws.
August 20, 2008... Byline: Donna Walter A federal judge in St. Louis threw out a local television station's lawsuit against Metro, the area's public transportation agency. KMOV-TV, Channel 4 on the dial, sued Metro after the agency refused to provide...

Kansas City office of Polsinelli lays off nine attorneys.
August 20, 2008... Byline: Scott Lauck Polsinelli Shalton Flanigan Suelthaus has joined the growing list of law firms to have laid off lawyers this year. The firm's chairman and CEO, W. Russell Welsh, said Tuesday that nine lawyers have been fired from the...

Trial of interest ends in mistrial before it begins in St. Louis Circuit Court.
August 20, 2008... Byline: Kelly Wiese A mistrial was declared Tuesday in a case being watched by lawyers from across the country. The lawsuit itself is similar to many filed around the country in recent years. The state of Missouri, through the attorney...

Missouri Supreme Court panel selection expected today.
August 21, 2008... Byline: Charles Emerick Joseph Dandurand can relate to the anxiety nearly two dozen Missouri Supreme Court applicants are feeling today. This afternoon, the Appellate Judicial Commission is expected to announce the candidates it is...

Missouri Court of Appeals Eastern District finds transferred property was not a gift.
August 21, 2008... Byline: Angela Riley The Missouri Court of Appeals Eastern District decided that a transfer of property from parents to their son was not a gift when the son paid money in consideration for the property. On Tuesday, the court reversed and...

'Comprehensive' deal near in 47 priest abuse lawsuits in Jackson County.
August 21, 2008... Byline: Scott Lauck A settlement is expected as early as today in a series of 47 lawsuits in Jackson County alleging sexual abuse by priests. The size of the settlement with the Diocese of Kansas City-St. Joseph -- $10 million -- is far...

Lawyers hold limited arguments over whether ethics opinion in Missouri can be released.
August 21, 2008... Byline: Donna Walter Lawyers showed up at federal court Wednesday morning ready to argue about whether prosecutors have the right to compel Missouri ethics counsel Sara Rittman to produce an informal advisory opinion she issued to a...

Because 'CostlyCreditReport.com' just doesn't sound as good.
August 21, 2008... Byline: David J. Kozlowski A scrubby guy lip-synchs a catchy tune about how his bad credit forced him to buy a used sub-compact instead of a cool convertible or an SUV, or how it forced him to dress like a pirate and sell fish to tourists...

Lawyers could pad ranks in Missouri Legislature next year.
August 22, 2008... Byline: Kelly Wiese The ranks of those who have been through law school could grow when the new Legislature convenes in January. With primary elections out of the way, many state legislative seats already have been determined. Others face...

Lawyers running for the Missouri Legislature with an opponent in the November election.
August 22, 2008... Byline: St. Louis Daily Record Staff Lawyers running for the state Legislature with an opponent in the November election: Incumbents: Senate: Luann Ridgeway, R-Smithville Rob Mayer, R-Dexter Jason Crowell, R-Cape Girardeau House: Terry...

St. Louis County bond issue will modernize courts.
August 22, 2008... Byline: Angela Riley If voters choose to pass a $120 million bond proposal on Nov. 4, they can expect to gain a new St. Louis County Family Court Center. The County Council voted unanimously on Aug. 19 to approve the $120 million bond...

Program receives $150K Missouri Foundation for Health grant.
August 22, 2008... Byline: St. Louis Daily Record Staff Legal Services of Eastern Missouri's Lasting Solutions Program has received a three-year, $150,000 grant from the Missouri Foundation for Health. LSEM's Lasting Solutions Program provides holistic...

Fischer, Hardwick, Holliger tapped for Missouri Supreme Court.
August 22, 2008... Byline: St. Louis Daily Record Staff The panel charged with selecting three finalists for the Missouri Supreme Court has again sent the names of three people already wearing black robes to the governor. The panel late Thursday announced it...

Candidates' work scrutinized: Mo. Supreme Court hopefuls' applications now available online.
August 23, 2008... Byline: Scott Lauck, Donna Walter and Kelly Wiese Following the announcement last week of the panel for the Missouri Supreme Court, Gov. Matt Blunt's office and other interested parties have begun sifting though the legal paper trail of the...

Commentary: All the world's a stage, and we are merely lawyers.(Concert review)
August 23, 2008... Byline: Craig Napier Fat guys like Bluegrass because you can tap your foot and nod your head from a seated position and still feel like you're dancing. That was my thought last Thursday night as I sat down for my first beer at...

St. Louis University law students learn to mind their p's and q's.
August 25, 2008... Byline: Angela Riley If you hold the blade of your knife the wrong way at dinner, it could be curtains, said Saint Louis University's own Miss Manners, Anne Hensley. Your mother may have always told you to mind your p's and q's, but many...

Jackson County Circuit Judge Michael Manners troubled by gov's immunity claim.
August 25, 2008... Byline: Charles Emerick A trial judge on Friday expressed concern about arguments by Gov. Matt Blunt and other defendants that they are immune from allegations of defamation. At a hearing to argue several motions to dismiss in a lawsuit by...

The recounts are on in Missouri.
August 26, 2008... Byline: Donna Walter The Missouri secretary of state's office has certified the results of the August primary election, and two candidates have already asked for a recount. Margaret Donnelly, a candidate in the Democratic primary for...

Wall Street Journal editorial pans finalists recommended for judicial selection in Missouri.(Editorial)
August 26, 2008... Byline: Kelly Wiese The Wall Street Journal is again closely tracking developments with judicial selection in Missouri. The Appellate Judicial Commission late Thursday announced the three finalists recommended to Gov. Matt Blunt to fill...

St. Louis County Circuit Court: Doctor claims defamation by insurance company.
August 26, 2008... Byline: Angela Riley The question of what qualifies as defamation is the subject of a suit transferred to St. Louis County Circuit Court. Dr. Byron Glenn is a practicing primary care physician in Cape Girardeau. He alleges that Anthem Blue...

Missouri Supreme Court: Death sentence sent back over held evidence.
August 27, 2008... Byline: Charles Emerick A convicted murderer will get a second chance to avoid the death penalty after prosecutors suppressed evidence during his post-conviction relief proceeding. The Missouri Supreme Court on Tuesday granted a new...

Missouri Judge John Francis Nangle: Anything but retiring.
August 27, 2008... Byline: Angela Riley Judge John Francis Nangle expected a lot from the attorneys who entered his courtroom. But he was always fair and courteous with them, unless they got out of line. He ruled his courtroom with an iron fist and a...

Drug lawsuit will proceed in 'inconvenient' St. Louis.
August 27, 2008... Byline: Kelly Wiese In a blow to pharmaceutical companies, the Missouri Supreme Court on Tuesday ruled that personal injury cases against makers of hormone-therapy drugs can proceed in St. Louis Circuit Court. The court decided 6-0 to...

Donnelly: Recount all the votes in Missouri.
August 27, 2008... Byline: Donna Walter Would-be attorney general candidate Margaret Donnelly filed a lawsuit Tuesday afternoon in Clay County Circuit Court contesting the results of the Aug. 5 Democratic primary. She originally filed the suit Monday in the...

Brentwood-based KV directors, officers will repay $3 million.
August 27, 2008... Byline: Donna Walter Brentwood-based KV Pharmaceutical is entitled to more than $3 million from officers and directors who backdated stock options, according to a settlement approved Tuesday by U.S. District Judge Henry E. Autrey. The...

Missouri Nonpartisan Court Plan: Expanding the Plan?
August 28, 2008... Byline: Angela Riley For the first time in 25 years, another county may be added to the Missouri Nonpartisan Court Plan. On Tuesday, Missouri Secretary of State Robin Carnahan approved the measure for Greene County to be added to the...

No holds barred for campaign donors in Missouri.
August 28, 2008... Byline: Kelly Wiese Well-heeled donors will have an easier time donating big chunks of money to their favorite politicians starting today. Aug. 28 is the day when most Missouri laws take effect. Exceptions include budget bills, which...

Remembering Judge Nangle.
August 28, 2008... Byline: Murry A. Marks Editor: I met Judge Nangle (Anything but retiring, Aug. 27) in 1963 when we both were members of the staff of the County Counselor's office. Judge Donald Stohr was also a member of the staff. Judge Nangle was a...

Familiar names reappear on 16th Circuit panel.
August 28, 2008... Byline: Charles Emerick Three men who have come close to judicial appointments over the past two years are each getting another shot at taking the bench in Jackson County. The 16th Circuit Judicial Commission on Tuesday named David Byrn,...

8th U.S. Circuit Court of Appeals tosses $200K discrimination verdict.
August 28, 2008... Byline: Donna Walter The St. Louis Fire Department was complying with a court order when it rejected the applications of two white men in favor of black candidates, a federal appeals court said as it threw out a $200,000 verdict. Michael...

8th Circuit appeals court in St. Louis tosses large part of damages against bank.
August 29, 2008... Byline: Donna Walter A federal appeals court reduced a punitive damages award from $1.08 million to $108,750 but left intact the rest of a $2.6 million verdict against a bank for trespassing and repossessing property financed by a heavy...