Daily Record (St. Louis, MO/St. Louis Countian) articles from February 2002

Daily Record (St. Louis, MO/St. Louis Countian) archives from February 2002

Negligent entrustment suit filed in car accident.
February 1, 2002... Byline: Donna Walter The family of a bicyclist who was killed when he was hit from behind by a Camaro will have another opportunity to bring a negligent entrustment action against the driver's father. On Tuesday, the Missouri Court of...

Affordable housing opportunities get a financial boost with credits.
February 1, 2002... Byline: Mike Nixon The Missouri Housing Development Commission placed a spotlight on the need for reasonably priced living conditions for low- to moderate-income families late last week by approving funding for 41 affordable housing...

Legal community gears up for Super Bowl Sunday.
February 1, 2002... Byline: Erin Suess The question of the week is: Do you have tickets? With Super Bowl Sunday just days away, St. Louis fans are gearing up to watch the Rams and the Patriots battle it out in New Orleans. And many in the legal community are...

St. Louis football team gives money to homeless.
February 1, 2002... Byline: Mike Nixon As the St. Louis Rams prepare for their second trip to the Super Bowl in three years on Sunday, they have shown this season that they are not the only ones to benefit from a championship performance on the playing...

Pub's liability in alcohol-related death clarified.
February 2, 2002... Byline: Erin Suess An establishment that serves an observably intoxicated person, who later causes injury or death as a result of the intoxication, does not have a vested right to be free from a suit, even if it is not prosecuted under the...

Masons' lawsuit for temple upkeep must be refiled.
February 5, 2002... Byline: Erin Suess A dismissal without prejudice is not considered a final judgment, ruled the Missouri Court of Appeals, Eastern District, last Tuesday. The court found that since the appellant can refile, it lacks jurisdiction to hear...

Appeals court clarifies unsolicited fax statutes.
February 6, 2002... Byline: Erin Suess Under the Telephone Consumer Protection Act, legislatures do not need to pass enabling legislation to create a private right of action in state courts, ruled the Missouri Court of Appeals, Eastern District, in a...

Appeals court reverses divorce maintenance trend.
February 6, 2002... Byline: Donna Walter A Missouri appeals court took the first step toward reversing a trend away from court-ordered term maintenance in an opinion that took both sides by surprise. Last week, the Missouri Court of Appeals, Eastern...

Beer distributor had duty to protect `Budweiser Girl'.
February 7, 2002... Byline: Donna Walter A "Budweiser Girl" who was sexually assaulted after working at a golf tournament in Canton, Mo., will have another chance to bring an assault claim against one of the two men she was riding home with as well as a claim...

Burden of proof rests with driver in DWI case.
February 7, 2002... Byline: Erin Suess A driver's license denial decision, handed down before a Missouri Supreme Court ruling on license denials, was remanded to the trial court by the Missouri Court of Appeals, Eastern District, on Tuesday. Under the new...

NYU professor discusses racial profiling during Wash U lecture.
February 7, 2002... Byline: Elissa Fuchs At this time in our society, it is crucial to remember Dr. Martin Luther King Jr. and reflect on his messages of tolerance and equality. The Washington University School of Law commemorated King by inviting Anthony...

Residence of defendant ad litem does not establish venue.
February 8, 2002... Byline: Donna Walter A Missouri appeals court has closed another door to forum shopping. On Tuesday, the Missouri Court of Appeals, Eastern District, reaffirmed case law stating that the residence of a defendant ad litem does not determine...

Abuse of process case gets new life.
February 8, 2002... Byline: Erin Suess An abuse of process case against members of a law firm goes back to the trial court since the Missouri Court of Appeals, Eastern District, on Tuesday found the plaintiffs were denied their day in court when the trial...

Loan repayment program seeks to help law students who choose public service.
February 9, 2002... Byline: Donna Walter Law students are graduating with such enormous debt these days that taking a lower-paying public service job is often out the question. With that thought in mind, Washington University School of Law put together a...

Special election ordered in dispute over recount.
February 9, 2002... Byline: Sheila Thiele Although recounts and other election disputes were a frustration for many Americans in 2000, they were left behind at George W.'s inauguration. For Phelps County, Mo., though, a dispute continues with a decision...

School district wrongly dropped in-home services, said 8th U.S. Circuit Court of Appeals.
February 12, 2002... Byline: Deborah Fauver Even though a school district may have violated a disabled student's rights by stopping in-home services and offering a spot in the local school -- which the student declined for 10 months -- a summer school program...

Missouri appeals court finds unshored trench open, obvious danger.
February 12, 2002... Byline: Erin Suess A 15-foot trench dug by homeowners should have been considered an open and obvious danger to the men since they hadn't constructed shoring and were not professionals, ruled the Missouri Court of Appeals, Eastern...

Appeals court clarifies power of jury vs. judge.
February 13, 2002... Byline: Deborah Fauver The right to a trial by jury is a readily accepted notion of American justice, but the line between the power of the jury and that of the trial judge is not always clear. A divided panel of the 8th U.S. Circuit Court...

Enron lecture explores legal, ethical, financial issues.
February 13, 2002... Byline: Erin Suess "Who shot Enron?" was the question of the day at Saint Louis University School of Law on Monday, as professors from both the law and business schools examined the legal, financial and ethical implications of one of the...

Appeals court wants documentation in custody case.
February 14, 2002... Byline: Erin Suess When defining a physical custodial arrangement, the court must provide written documentation explaining what factors influenced the court if it rejects the arrangements requested by the parties involved, ruled the...

Strategic planning keeps construction industry working in uncertain economy.
February 15, 2002... Byline: Mike Nixon After riding the wave of high demand for an extended period, the construction industry continued to hold off any negative impact of a slowing economy and increased unemployment last year by learning from prior...

Marijuana found during illegal search of car: Trooper didn't tell driver that she was free to go.
February 15, 2002... Byline: Sheila Thiele According to law, a person is free to go from a traffic stop if the officer makes it clear that the stop was unfounded. However, the Missouri Court of Appeals for the Western District found that a common person, not...

Iowa District Court judge to join 8th Circuit.
February 15, 2002... Byline: Erin Suess The nomination of Judge Michael J. Melloy of the U.S. District Court for the Northern District of Iowa to the 8th U.S. Circuit Court of Appeals was confirmed unanimously by the U.S. Senate on Monday. Melloy is scheduled...

Transportation cuts threaten economic, security concerns.
February 15, 2002... Byline: Mike Nixon When work began on the interstate highway system back in the 1950s, a primary selling point for this project was not that it would speed up commerce or make cross-country trips easier for travelers but that it would...

Cape Girardeau tax ordinances upheld by Missouri Supreme Court.
February 16, 2002... Byline: Deborah Fauver State and local ordinance drafters breathed a sigh of relief this week as the Missouri Supreme Court upheld a hotel/motel/restaurant license tax ordinance designed to help fund the Southeast Missouri State University...

Appeals court finds custody ruling has no basis.
February 16, 2002... Byline: Sheila Thiele A circuit court's decision to transfer custody of one child from her mother to her father, granting the mother only supervised visitations, is not supported by specific filings in the court's decision. The Circuit...

Missouri Supreme Court finds `ruse' checkpoints constitutional.
February 16, 2002... Byline: Erin Suess A "ruse" drug checkpoint did not to violate the Fourth Amendment, said the Missouri Supreme Court on Wednesday in a 4-3 split. The majority found that there was enough evidence of "individualized suspicion" to check the...

Parental rights case remanded.
February 19, 2002... Byline: Deborah Fauver Even though the mother of a former "crack baby" has made great strides in dealing with her addictions, depression and work and housing issues, the trial judge who refused to terminate her parental rights and allow...

Wash U speaker discusses legal ethics of Human Genome Project.
February 19, 2002... Byline: Elissa Fuchs Though the knowledge of the Human Genome Project will enrich the medical arena, the scientific community is not the only field that will be affected by the project: It will also have an enormous impact on future legal...

Jury prejudiced by collateral source evidence.
February 20, 2002... Byline: Erin Suess An exhibit containing collateral source evidence prejudiced the jury, said the Missouri Court of Appeals, Eastern District, on Tuesday in a split decision. The dissent found that, because there was no objection made at...

Student loan debt not dischargeable.
February 20, 2002... Byline: Sheila Thiele Student loans were intentionally excepted from bankruptcy discharges to discourage those who would file to escape the payment of those debts. Only in the case of "undue hardship" will those debts be discharged. ...

Panel selected to fill vacancy on Missouri Supreme Court.
February 21, 2002... Byline: Donna Walter Candidates from each of Missouri's appellate districts were among the panel of nominees submitted to Gov. Bob Holden on Tuesday evening to fill a vacancy on the Missouri Supreme Court. The Appellate Judicial...

Excess award was improper in contempt action ruling.
February 21, 2002... Byline: Sheila Thiele The Circuit Court of Buchanan County erred when it ordered Linda Smith to pay the full orthodontic expense for her two children when the original custody agreement between her and her ex-husband, Kirby White, held her...

Property owners face security, budget issues.
February 22, 2002... Byline: Mike Nixon Increased security and declining budgets are the concerns most immediately facing commercial property owners and managers for the unforeseeable future. Offering a preview of their thoughts before Thursday's planned...

Program performs legal services for AIDS patients.
February 22, 2002... Byline: Donna Walter In just a little more than a decade, the AIDS Project at Legal Services of Eastern Missouri has served roughly 4,500 clients with legal issues ranging from wills, health insurance and public benefits to housing and...

Underage renter considered emancipated.
February 22, 2002... Byline: Sheila Thiele A child who voluntarily moves out of a parent's house and establishes herself as an adult in the eyes of society is considered emancipated, the Missouri Court of Appeals for the Western District found Tuesday. ...

MoDOT lacks sovereign immunity in discrimination suit.
February 22, 2002... Byline: Erin Suess Since the Missouri Highway and Transportation Commission must comply with the Missouri Human Rights Act, it did not have sovereign immunity against a discrimination suit, ruled the Missouri Court of Appeals, Southern...

Pharmacy tampering lawsuits seek to restore public's trust.
February 22, 2002... Byline: Sheila Thiele Outside his office window, Kansas City attorney Paul Kavanaugh looks down onto the Richard and Annette Bloch Cancer Survivors Park. On his desk, amid 25 wrongful death or personal injury cases, lies the case of a...

Home builders examine ways to prevent growth of mold problems.
February 22, 2002... Byline: Mike Nixon Mold is a growing problem, and construction industry professionals are joining health officials in an effort to educate the builders and occupants of homes and workplaces about the thousands of forms of fungus and...

Missouri governor appoints Supreme Court judge.
February 23, 2002... Byline: Donna Walter Judge Richard B. Teitelman is headed to the Missouri Supreme Court. On Friday, Gov. Bob Holden announced at a press conference that he intends to appoint Teitelman to replace Judge John C. Holstein, whose resignation...

Mo Court of Appeals rules driving license statutes have separate notice requirements.
February 23, 2002... Byline: staff When a driver is given a suspension of driver's license notice in person, the notice doesn't need to specify what the foundational traffic offense was, ruled the Missouri Court of Appeals, Eastern District, on Tuesday. The...

Employer's actions voids non-compete agreement.
February 26, 2002... Byline: Erin Suess When an employer violates the terms of its own non-compete contract, then that contract is considered void, ruled the Missouri Court of Appeals, Southern District, on Wednesday. Since the employer terminated an employee...

New city circuit judge sworn in.
February 26, 2002... Byline: Donna Walter It was standing room only in the City Hall rotunda as family, friends and colleagues gathered on Friday to witness the installation of Mark H. Neill as the newest circuit judge in the 22nd Judicial Circuit. The oath of...

Associate circuit default judgments may be set aside.
February 27, 2002... Byline: Donna Walter Default judgments may be set aside in associate circuit court even though no state statute provides for it, said a Missouri appeals court in a case of first impression. Although there is no specific provision for...

Statute of limitations began when city of O'Fallon denied its resident's claim.
February 27, 2002... Byline: Colleen Dilthey The Missouri Court of Appeals, Eastern District, ruled the statute of limitations for a plaintiff begins when the defendant denies the plaintiff's claim, not when the plaintiff first notices damages. On May 24,...

Justice For All Ball raises estimated $100,000 for Legal Services of Eastern Missouri.
February 27, 2002... Byline: Erin Suess The 12th annual Justice For All Ball, sponsored by the Legal Services of Eastern Missouri, is estimated to have brought in around $100,000, which has been an unmet goal in the past couple of years. The event, held Feb....

Changes to hospital lien law found unconstitutional.
February 28, 2002... Byline: Erin Suess The Missouri Supreme Court found part of a House bill regarding hospital liens to be unconstitutional because it has nothing to do with the bill's regulation of professional licensing. The court found the bill was...

Dismissal of residents' petition ruled improper.
February 28, 2002... Byline: Sheila Thiele A circuit court's decision to dismiss a petition filed by residents of Grant City was improper, the Missouri Court of Appeals, Western District, found Tuesday. The city of Grant City passed an ordinance in July...