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

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

Appeals court denies employee's accounting action.
January 2, 2002... Byline: Donna Walter A former System Integrators Inc. vice president lacked standing to file a lawsuit against his former employer for an accounting because the employer and employee did not have the necessary fiduciary relationship to...

Court sends slip and fall case back to trial.
January 2, 2002... Byline: Erin Suess The Missouri Court of Appeals, Western District, found the Circuit Court of Lafayette County's decision to grant summary judgment in a negligence case involving a man's fall on an icy parking lot was improper. The...

Public Service Commission rules, judicial review.
January 2, 2002... Byline: Erin Suess Both the appellate court and the circuit court lacked the jurisdiction to rule on rule-making changes made by the Missouri Public Service Commission, an organization governing utility companies, ruled the Missouri Court...

Court of Appeals decides insurance policy dispute.
January 3, 2002... Byline: Donna Walter A provision in a commercial insurance policy unambiguously assigned rights to recover third-party damages to the insurer even though the provision did not include any form of the word "assign" or indicate that "causes...

State of residency at issue in divorce hearing.
January 3, 2002... Byline: Erin Suess Although a woman lived for several months in Wisconsin, she did not sell her house nor did she remove her property from Missouri, so she is still considered a resident of Missouri, ruled the Court of Appeals, Eastern...

St. Louis County Bar to honor three attorneys at annual dinner.
January 4, 2002... Byline: Donna Walter Attorneys Richard C. Bresnahan, Merle L. Silverstein and Kimberly J. Bettisworth will be honored this month at the St. Louis County Bar Association's annual awards dinner. In addition, Dennis L. Beckley will be...

Property pros warn of real estate flipping promises.
January 4, 2002... Byline: Mike Nixon Many members of the American work force are facing the New Year with a firsthand perspective of being laid off from their former positions. As economic times tightened over the past 12 months, real estate remained the...

Airport security changes pass test during holiday travel.
January 4, 2002... Byline: Mike Nixon The just completed holiday season was the first large-scale test for airport security upgrades and passenger processing since the terrorist attacks of Sept. 11, 2001. Overall indications from travelers and airport...

Labor dept., unions develop biohazard training.
January 4, 2002... Byline: Mike Nixon The U.S. Department of Labor and the Laborers International Union of North America are beginning the new year with the joint development of a training program for the safe and thorough removal of biological materials...

Missouri Supreme Court judge to retire.
January 5, 2002... Byline: Donna Walter After 27 years of service to the judiciary, Missouri Supreme Court Judge John C. Holstein announced Thursday morning that he will retire from the bench effective March 1. Holstein is currently the longest-serving judge...

Contractual provisions were transferred to amended lease.
January 5, 2002... Byline: Sheila Thiele A lessee argues any provisions set forth in a 1971 lease concerning extensions of the lease were not transferred to an amended lease in 1985 because only the "conditions" of the lease transferred. The Missouri Court...

ABA recommends changes to Missouri lawyer disciplinary system.
January 8, 2002... Byline: Erin Suess At the request of the Supreme Court of Missouri, the American Bar Association conducted a review of Missouri's lawyer disciplinary system and has recently released its findings and recommendations gathered after...

Smuggled feast results in visitor ban for prisoner.
January 9, 2002... Byline: Deborah Fauver It probably sounded like a great gift idea: five freshly cut steaks, one four-pound box of frozen shrimp, four one-pound packages of linguine, one bottle of tequila and two bottles of cognac. But the recipient...

Creditor failed to timely perfect lien.
January 9, 2002... Byline: Sheila Thiele A lien on a 2001 Dodge pickup obtained by Chrysler Financial Co. was declared void by the U.S. Bankruptcy Court for the Western District of Missouri because Chrysler failed to perfect the lien in a timely manner. ...

St. Louis County Family Court offering free mediation for certain types of cases.
January 9, 2002... Byline: Erin Suess The Family Court of St. Louis County announced that it offers free mediation for disputes involving child custody, visitation and parenting plans as an alternative to the traditional courtroom process. In addition to the...

Driver's felony charge lowered to misdemeanor.
January 10, 2002... Byline: Erin Suess An Iowa resident driving on a suspended Iowa driver's license cannot be found guilty of a felony offense in Missouri because he is not a Missouri resident, ruled the Missouri Supreme Court on Tuesday. Under Missouri law,...

Community court proposed for downtown St. Louis.
January 10, 2002... Byline: Donna Walter In an effort to improve the image of downtown, the city of St. Louis and Downtown St. Louis Partnership are working on a plan to create a downtown community court to deal with perpetrators of quality of life crimes....

Local attys. divided on disability ruling's impact.
January 11, 2002... Byline: Donna Walter One thing is certain: It's going to be more and more difficult for employees to sue under the Americans with Disabilities Act -- especially when they have disabilities that don't fall under the traditional concept of...

Renters should be cautious about redecorating.
January 11, 2002... Byline: Mike Nixon Guy, who did not want to be identified by his real name, has been a longtime renter. Until a change came in his career assignment and lifestyle, Guy lived in the same upscale west St. Louis County apartment complex for...

Veterans home loan benefits increased.
January 11, 2002... Byline: Mike Nixon For the first time in seven years, the ceiling on home loans issued with federal guarantees through the Department of Veteran Affairs has been increased, offering those who have served in the U.S. military an...

Scope of disabilities act narrowed by ruling.
January 11, 2002... Byline: Deborah Fauver Once again the Supreme Court has narrowed the scope of the Americans with Disabilities Act, this time more clearly defining "what a plaintiff must demonstrate to establish a substantial limitation in the specific...

Improper notice given for mechanic's lien.
January 12, 2002... Byline: Sheila Thiele An original contractor is not required to send a property owner notice before filing a mechanic's lien, but it must include a notice warning of the possibility of a lien in the course of business. Bledsoe Plumbing...

Stocks should have been included in bankruptcy case estate despite trustee's untimely objection.
January 12, 2002... Byline: Erin Suess The trustee in a bankruptcy case is entitled to stocks the debtor owned, even though the trustee didn't object within the 30-day limit provided by the federal rules of bankruptcy procedure, the 8th U.S Circuit Court of...

St. Louis County judge retires after almost 30 years on the bench.
January 15, 2002... Byline: Donna Walter After serving as a St. Louis County circuit judge for almost half of his life, Judge William M. Corrigan said he enjoys it just as much as he did when he started. Corrigan will turn 70 on Thursday and will have...

Court venue for Ford Motor Credit Co. decided.
January 15, 2002... Byline: Erin Suess Although Ford Motor Credit Co. is a wholly owned subsidiary of Ford Motor Co. with an office in Greene County, it is its own corporate entity, independent of Ford Motor Co., making the trial court venue improper, ruled...

Supervisors not responsible for broker's fraud.
January 16, 2002... Byline: Erin Suess Supervisors of a security broker who committed fraud are not responsible for nondischargeable debt accrued by the fraudulent broker, ruled the 8th U.S. Circuit Court of Appeals, last week. One judge dissented, stating...

Court finds factual basis for guilty plea.
January 17, 2002... Byline: Sheila Thiele A guilty plea may be accepted by the court if there is a factual basis that the defendant committed the crime to support that plea. Teri Ann Daniels pleaded guilty to the manufacturing of methamphetamine during a...

Railroad worker's due process rights not violated by company.
January 17, 2002... Byline: Erin Suess Although a railroad company did not immediately provide its employee with the name of who ordered his drug test, it was not in violation of the employee's due process rights, ruled the 8th U.S. Circuit Court of Appeals,...

School district wins battle to construct modular classrooms.
January 17, 2002... Byline: Donna Walter The Normandy School District on Tuesday won its battle with the city of Pasadena Hills over the right to construct modular classrooms on school grounds. The municipality cited several building code violations in...

Niche markets offer security for builders, employees.
January 18, 2002... Byline: Mike Nixon In a tightening economic market, many commercial construction companies are learning that a key to success comes by finding their niche area to specialize in and by establishing a reputation of fine workmanship in...

Mortgage Bankers Assn. asks Congress to deal with insurance troubles.
January 18, 2002... Byline: Mike Nixon One of the most frustrating situations an individual or a corporation can face following a catastrophe is to learn that the insurance policy that has been gathering premium payments for however long it has been held will...

Governor appoints atty. for city judicial vacancy.
January 19, 2002... Byline: Donna Walter Gov. Bob Holden on Thursday appointed attorney Mark H. Neill, 52, circuit judge for the St. Louis City Circuit Court. The governor chose Neill from a panel that also included two St. Louis City associate circuit...

Failure to pay child support conviction reduced.
January 22, 2002... Byline: Sheila Thiele A Buchanan County woman more than $7,500 behind in child support payments was improperly convicted of a class D felony charge of criminal nonsupport, The Missouri Court of Appeals, Western District found. ...

U.S. Bankruptcy Court upholds entireties decision.
January 22, 2002... Byline: Sheila Thiele Although an earlier ruling by the 8th U.S. Circuit Court of Appeals concerning entireties property owned by a debtor and his non-bankrupt spouse has caused much debate, the U.S. Bankruptcy Court for the Western...

MO Court of Appeals sends negligence lawsuit over dangerous working conditions back to trial.
January 22, 2002... Byline: Erin Suess An employer who failed to warn his employee about the dangerous working conditions of a platform on which the employee was working will be going back to trial for negligence, ruled the Missouri Court of Appeals, Southern...

Nurses' suit against doctors may proceed.
January 23, 2002... Byline: Deborah Fauver If the anesthesiologist leaves the hospital while you are under, has he "personally performed" anesthesia services for you? Is he entitled to full compensation? Perhaps not, if you are a Medicare patient and the...

Royalty payments to business seller not based on `best efforts'.
January 23, 2002... Byline: Erin Suess A man who bought an electrical company but did not employ a licensed electrician is not entitled to a rescission of a purchase contract because he had been told by the seller that St. Louis County ordinances require a...

Wash. Univ. law school to host genome conference.
January 24, 2002... Byline: Elissa Fuchs It is no secret that law and medicine are different disciplines. However, from Jan. 27 to Jan. 29, researchers from around the world will come together to discuss an issue that pertains to both fields: The Human Genome...

Trial court order does not bar federal review: High court overturns 8th Circuit opinion.
January 24, 2002... Byline: Deborah Fauver Remon Lee will get one more shot at appellate review of his 1994 Missouri state-court murder and armed criminal action conviction, thanks to a U.S. Supreme Court opinion issued on Tuesday. The court, 6-3, reversed a...

Petition improperly dismissed before facts could be presented.
January 24, 2002... Byline: Sheila Thiele A trial court dismissed a petition seeking declaratory judgment before the petitioners could prove the allegations set forth in the petition. The Missouri Court of Appeals, Western District, reversed this decision on...

No legal right to breathalyzer test after driver first refuses.
January 25, 2002... Byline: Sheila Thiele If a driver refuses to submit to a breathalyzer test and later changes his mind, the director of revenue is not obligated to issue the test, the Missouri Court of Appeals, Western District, found Tuesday. The...

Law schools provide students with career assistance.
January 25, 2002... Byline: Erin Suess With the first soft job market in almost a decade, many law students may be worried about their chances of getting recruited by the law firm of their choice, but students can worry a little less by stopping in for help...

Starting salaries for attorneys expected to drop in 2002.
January 25, 2002... Byline: Donna Walter Average starting salaries for attorneys are expected to decline slightly in 2002, according to The Affiliates 2002 Salary Guide, which was released late last month. "On average, starting salaries nationwide will...

Snowmelt system considered for new construction.
January 25, 2002... Byline: Mike Nixon One of the challenging parts of living in the St. Louis region is guessing what winter weather will be like any given year. From hardly any ice and snow to a severe and long-range covering by the season's elements,...

St. Louis Daily Record announces Women's Justice Award winners.
January 25, 2002... Byline: Erin Suess Professor Sandra Johnson, Nancy R. Mogab and Judge Brenda Stith Loftin will be honored with the fourth annual Daily Record Women's Justice Awards at an awards dinner on April 4 at the Starlight Roof at the Chase Park...

Bankruptcy ID procedures to change Feb. 25.
January 25, 2002... Byline: Erin Suess For anyone planning on filing for Chapter 7 or Chapter 13 bankruptcy, new proof of identification procedures will be implemented starting Monday, Feb. 25. The new rules call for those filing to show two forms of...

Surge protection now required for home construction.
January 25, 2002... Byline: Mike Nixon Along with learning about home computers and advanced electronic technology, most homeowners have also been introduced to a necessary addition for modern power needs -- the surge protector. Commonly seen and used as...

Change in redevelopment plan needs commission approval.
January 26, 2002... Byline: Erin Suess For the Ste. Genevieve Board of Aldermen to alter an already approved redevelopment project, it must first reconvene its Tax Increment Financing Commission to hold public hearings and receive a recommendation, ruled the...

Juror's accident site visit was misconduct despite testimony.
January 26, 2002... Byline: Donna Walter Juror misconduct is presumed to prejudice the losing party in a trial, and testimony by a juror that the misconduct had no effect on that juror's decision is not enough to overcome the presumption of prejudice, the...

St. Charles City Council passes ordinance increasing compensation of municipal judge.
January 26, 2002... Byline: Colleen Dilthey The St. Charles City Council passed Bill 7384 on Jan. 14, increasing the annual income for the city's municipal judge by $2,000 each year in office. St. Charles City Councilman Rory Riddler, Ward 1, explained...

Employment contract dispute to go to trial.
January 29, 2002... Byline: Erin Suess When an employment contract is ambiguous as to whether the contract can be terminated at will or with good cause, a summary judgment is inappropriate, ruled the 8th U.S. Circuit Court of Appeals. In his dissent, Judge...

St. Louis federal courts to implement electronic filing.
January 30, 2002... Byline: Donna Walter After years of speculation, electronic case filing is about to become more than just an idea in the St. Louis area federal courts. The case management/electronic case filing system, already in place in the Western...

Letter from bank not binding in promissory note case.
January 30, 2002... Byline: Erin Suess An illegal foreclosure on a property would not have necessarily discharged a man from his promise to repay a promissory note, ruled the Missouri Court of Appeals, Eastern District, in a unanimous decision on Tuesday. The...

ADA verdict upheld for worker with brain injury.
January 31, 2002... Byline: Deborah Fauver A jury verdict of more than $300,000 will stand for a worker who was fired as he tried to return to work after a brain injury, held a panel of the 8th U.S. Circuit Court of Appeals on Tuesday, relying on the...

Redevelopment of Old Post Office discussed.
January 31, 2002... Byline: Donna Walter Judge James R. Dowd, chief judge of the Missouri Court of Appeals, Eastern District, thinks with both his head and his heart when it comes to promoting the redevelopment of the Old Post Office in downtown St. Louis and...