Daily Record (St. Louis, MO/St. Louis Countian) articles from January 2003

Daily Record (St. Louis, MO/St. Louis Countian) archives from January 2003

Age discrimination claim remanded for trial.
January 2, 2003... Byline: Deborah Fauver The age discrimination claim of a 70-year-old school bus driver ought to be heard by a jury, a unanimous panel of the 8th U.S. Circuit Court of Appeals held on Tuesday, reversing summary judgment for the school...

New Jefferson County associate circuit judge sworn in.
January 3, 2003... Byline: Erin Suess Friends, family, colleagues and well-wishers welcomed the Circuit Court of Jefferson County's newest associate circuit judge on Tuesday at the swearing in of Judge Darrell Missey to the juvenile court in Division 10....

Jefferson County Circuit Court has new presiding judge.
January 3, 2003... Byline: Donna Walter The beginning of 2003 brings to the Jefferson County Circuit Court a new presiding judge. On Jan. 1, the responsibilities of being the presiding judge transferred from Judge Dennis Kehm to Judge Timothy J. Patterson....

Commentary: Investors lean toward putting cash in real property.
January 3, 2003... Byline: Mike Nixon The housing boom is credited with having saved the economy during 2002. With historically low interest rates averaging about 6 percent and increased consumer demand, existing homeowners have sold property for as much as...

Home financing becoming part of benefit packages.
January 3, 2003... Byline: Mike Nixon An increasing number of employers are taking advantage of the strong residential real estate market by offering the benefit of home finance packages as a way to attract and keep skilled employees. According to...

Underinsured motorist provision in driver's policy not ambiguous.
January 3, 2003... Byline: Donna Walter Even though the policy limits of the negligent driver's automobile insurance policy didn't cover the damages suffered by the woman he hit, her insurance company doesn't have to pay because, under her underinsured...

Missourians in the News Jan. 4, 2003.
January 4, 2003... Byline: Erin Suess Leana Levin has joined the law firm of Blumenfeld, Kaplan & Sandweiss P.C. as an associate and a member of the firm's intellectual property practice group. She will concentrate her practice in biotechnology,...

Child Abuse and Neglect Review Board hearing was not an agency proceeding.
January 4, 2003... Byline: Donna Walter Reviews of Missouri Division of Family Services determinations of probable cause in child abuse cases are not contested cases because they are not adversarial in nature and because they lack several crucial...

St. Louis County Bar Assn. to honor two members at awards dinner.
January 4, 2003... Byline: Erin Suess The St. Louis County Bar Association will be honoring two members of the legal community, along with welcoming Maia Brodie as this year's president, at the Annual Awards Dinner and Installation of officers to be held on...

Gov. Holden appoints circuit judge for 22nd judicial circuit of St. Louis.
January 7, 2003... Byline: Erin Suess Gov. Bob Holden appointed Associate Circuit Court Judge Angela Turner Quigless as the circuit judge for the 22nd judicial circuit of St. Louis on Friday. Quigless will replace Judge Henry Autrey, who stepped down on...

Real estate professionals question ABA's proposed definition of the practice of law.
January 10, 2003... Byline: Mike Nixon Proposed changes in the practice of law definition being considered by a task force for the American Bar Association has both real estate professionals and federal agencies keeping close watch on policy models for legal...

Sons file personal injury lawsuit against mother for attack.
January 10, 2003... Byline: Donna Walter An Arnold woman charged last fall with attacking her two sons while they were sleeping now faces a personal injury lawsuit brought on behalf of the boys. John S. Appelbaum, the boys' appointed guardian ad litem,...

Cut private mortgage insurance for cash savings.
January 10, 2003... Byline: Mike Nixon As more homeowners look for creative ways to save on overall expenses and generate greater cash flow, real estate and lending professionals confirm that they should not forget to look for opportunities within their own...

ABA president-elect speaks on the value of diversity.
January 10, 2003... Byline: Erin Suess American Bar Association President-Elect Judge Dennis W. Archer spoke to students, faculty and colleagues at Washington University School of Law for the Public Interest Law Speaker Series on Wednesday, titled "Access to...

Missourians in the News Jan. 11, 2003.
January 11, 2003... Byline: Erin Suess Judge Ellsworth "Elic" Cundiff has joined United States Arbitration & Mediation, Midwest. He will mediate exclusively with USA&M following his retirement from the 11th Judicial Circuit Court. Debra K. Schuster has...

Judge McDonald retires from Bankruptcy Court.
January 14, 2003... Byline: Donna Walter Judge David McDonald officially retired from the U.S. Bankruptcy Court on Friday, but until his successor comes on board, he'll continue to work full time for the court as a recall judge. Friday, McDonald's 65th...

Sexual predator case reversed over jury instruction error.
January 15, 2003... Byline: Donna Walter Committing individuals as sexually violent predators is serious business, and that seriousness must be reflected in the trial court proceedings, said a state appeals court, reversing and remanding a lower court's...

Video games not subject to tax, MO Supreme Court rules.
January 16, 2003... Byline: Donna Walter Six Flags Theme Parks is due a tax refund for taxes paid on the use of its video games because the owner of the video games already paid sales tax to the state, the Missouri Supreme Court said Tuesday in a 5-2...

Changeable hiring policy was not discriminatory.
January 17, 2003... Byline: Deborah Fauver Must all hiring decisions made by public officials be in accord with a detailed hiring policy? Not necessarily, answered an 8-4 majority of the 8th U.S. Circuit Court of Appeals, rejecting the suit of a black college...

USDA offers rural residents housing opportunities.
January 17, 2003... Byline: Mike Nixon Inner-city renovations and suburban subdivisions easily gain a lot of attention when real estate and construction expansions are noted. But rural residents are being offered housing opportunities as well through the...

Developer moves offices to Washington Avenue Loft District.
January 17, 2003... Byline: Mike Nixon The U.S. Bank Community Development Corp. has made a move in supporting development in the Washington Avenue Loft District of downtown St. Louis by relocating its offices there from the financial and legal center of...

Ford loses a $1M tax refund due to untimely filing.
January 17, 2003... Byline: Erin Suess Despite overpaying taxes by more than $1 million dollars, Ford is not due a refund because it filed a refund claim after the three-year statute of limitations had expired, ruled a unanimous en banc panel of the Missouri...

Builders, lenders differ over stimulus plan.
January 17, 2003... Byline: Mike Nixon The head of the National Association of Home Builders has voiced disappointment over the new economic stimulus plan presented last week by President George W. Bush. NAHB President Gary Garczynski identified the Bush...

Judge Kehm appointed administrative judge of family court for one year.
January 17, 2003... Byline: Donna Walter In one of his first acts as presiding judge of the Jefferson County Circuit Court, Judge Timothy Patterson has appointed Judge Dennis Kehm to be the administrative judge of the family court for one year to allow Judge...

Disbarment is necessary under lawyer's federal plea agreement.
January 18, 2003... Byline: Erin Suess An attorney who misappropriated his employer's money into his personal checking account must be disbarred in accordance to court rules, ruled the Missouri Supreme Court on Tuesday. The lawyer voluntarily surrendered his...

Judges address St. Louis attys. at `The State of the Circuit'.
January 21, 2003... Byline: Erin Suess The presiding judges from around the St. Louis area gathered together last Thursday evening to address any changes in their courts for the coming year and to tell attorneys what would be expected of them, especially in...

Promissory note considered void, rules MO Court of Appeals.
January 22, 2003... Byline: Erin Suess A promissory note signed under the belief that it would stop officials from prosecuting a man for writing bad checks is considered contrary to public policy and is therefore void, ruled the unanimous three-judge panel of...

Bankruptcy court gets new chief judge.
January 23, 2003... Byline: Donna Walter Judge James Barta, the new chief judge of the U.S. Bankruptcy Court for the Eastern District of Missouri, is excited about his work and the direction the court is moving in. Barta officially became chief judge on...

Qualified immunity rejected for gun-waving sheriff.
January 23, 2003... Byline: Deborah Fauver Pointing a loaded handgun at someone's groin and threatening to "shoot your ----- off" isn't a joking matter, held a panel of the 8th U.S. Circuit Court of Appeals last week, rejecting a former sheriff's request for...

MO Assn. of Realtors to hold professional standards seminar.
January 24, 2003... Byline: Mike Nixon Real estate agents are only as good as the ethics by which they conduct their business. So to promote the highest ethical and legal standards among its members, the Missouri Association of Realtors has scheduled its...

Lending bank's mark ups do not violate Real Estate Settlement Practices Act.
January 25, 2003... Byline: Deborah Fauver A lending bank that marks up the cost of third-party settlement services, such as credit reports and appraisals, may keep the difference without falling afoul of the kick-back provision in the federal Real Estate...

Part 1: 10 most important Missouri court opinions of 2002.
January 28, 2003... Byline: Donna Walter Editor's note: This is the first in a 10-part series about the top 10 most important Missouri court opinions of 2002 as selected by our editorial staff. Over the next two weeks we will review these opinions and their...

Recipients of Daily Record Women's Justice Awards announced.
January 28, 2003... Byline: Will Connaghan Recipients of the annual Daily Record Women's Justice Awards have been determined for 2003. This year's distinguished honorees are Susan Rowe, Ann Carter Stith and Professor Karen Tokarz. The three will be honored at...

Comic book artist was protected under First Amendment.
January 29, 2003... Byline: Erin Suess Shakespeare once asked, "What's in a name?" For comic book creator Todd McFarlane, one man's name was the inspiration for a character; to former St. Louis Blues hockey player Tony Twist, his name is his livelihood, and...

Statewide uniform assessing practices not required.
January 30, 2003... Byline: Deborah Fauver Not every tax assessing error supports a claim for economic discrimination, held a panel of the Missouri Court of Appeals, Eastern District, on Tuesday, rejecting more than $2 million in claims by St. Louis city and...

Tenant abandonment ruling limits some landlords' options.
January 30, 2003... Byline: Erin Suess Last summer the Eastern District appellate court limited how landlords can go about mitigating damages from tenant abandonment by holding that tenants who vacate their lease space can only be held responsible for rent on...

Affordable housing concerns grow as options shrink.
January 31, 2003... Byline: Mike Nixon Fannie Mae joined in the call for increased affordable housing last week by issuing a statement charging that America could face a critical shortage of affordable homes this decade -- and a potential housing crisis --...

Survey says: Income goes mostly for housing.
January 31, 2003... Byline: Mike Nixon While low interest rates, inventory of upper-scale homes, a variety of financing packages and consumer demand have spurred both homeownership and rental upgrades in recent years, it has also prompted consumers to commit...

Decisions on venue issues altered the legal landscape.
January 31, 2003... Byline: Donna Walter Few procedural issues in the law are more controversial than the issue of venue. Although attorneys for both plaintiffs and defendants cry out for fairness in venue laws and practice, both sides have opposing views of...