Daily Record (St. Louis, MO/St. Louis Countian) articles from January 2004

Daily Record (St. Louis, MO/St. Louis Countian) archives from January 2004

Attorney Charles Weiss to chair Legal Aid of Missouri Statewide Inc.
January 2, 2004... Byline: Emily Umbright Attorney Charles Weiss is in for a challenge, and he knows it. The newly formed - and much debated - Legal Aid of Missouri Statewide Inc. recently elected Weiss, in a unanimous vote, chairperson to coordinate and...

Coldwell Banker Commercial hires new property manager.
January 3, 2004... Byline: staff Karen Montgomery has joined Coldwell Banker Commercial CRA L.L.C. as a property manager. In her new position, Montgomery will manage a diverse portfolio of office and office/warehouse properties totaling approximately 235,000...

Bryan Cave L.L.P. elects 5 new partners in St. Louis office.
January 3, 2004... Byline: staff Bryan Cave L.L.P. has announced the election of 17 new partners, five of whom are located in the firm's St. Louis office. Christopher E. Erker assists corporate clients with a range of environmental matters as well as...

Attorney's license revocation upheld despite flawed discipline process.
January 3, 2004... Byline: Deborah Fauver An attorney with 35 years' experience may no longer practice in the federal district courts in Arkansas, concluded a divided panel of the 8th U.S. Circuit Court of Appeals this week, finding harmless error in the...

Ascent Corp. adds senior VP, COO to staff.
January 3, 2004... Byline: staff Timothy A. "Andy" Cox has joined Ascent Corp. in the newly created position of senior vice president and chief operating officer. In his new position, Cox is responsible for day-to-day operations and serves as chief of staff....

Earth City Residence Inn names new general manager.
January 3, 2004... Byline: staff Bob Swehla has been promoted to general manager of the Earth City Residence Inn by Marriott hotel, which is owned by Dominion Hospitality Group. In his new position, Swehla will oversee the day-to-day operations of the...

Company not entitled to fees, summary judgment in contract case.
January 6, 2004... Byline: Emily Umbright An energy management company is not entitled to either summary judgment or attorney fees for its breach of contract claims, the Missouri Court of Appeals, Southern District, ruled, addressing two of the four points...

Illinois man wins another chance for asbestos exposure case.
January 7, 2004... Byline: Donna Walter An Illinois man who developed mesothelioma as a result of asbestos exposure will have another chance to bring his case against the company that sold insulation to his employer. A divided three-judge panel of the...

Online registration now available for Public Access to Court Electronic Records system.
January 7, 2004... Byline: staff Free instant registration is now available for attorneys - and others - who want access to the federal judiciary's Public Access to Court Electronic Records system, commonly known as PACER. PACER allows users to obtain...

Associated General Contractors of St. Louis has new director of labor relations.
January 9, 2004... Byline: Erin Piel The Associated General Contractor's of St. Louis has added a veteran of the construction industry to its ranks. William H. Kroeger, past president of Kroeger Construction Co., has joined the AGC of St. Louis as the...

Tarlton Corp. recognized for quality concrete work.
January 9, 2004... Byline: Erin Piel 2003 was an exceptional year for the construction industry, and one that St. Louis-based Tarlton Corp. shared in. Not only was the construction firm honored with a 2003 Quality Concrete Award from the Concrete Council of...

Anti-crime, tax bills filed by area legislators.
January 9, 2004... Byline: Cathy Kingsley A number of topics are on the agenda for the second regular session of the 92nd General Assembly, which began on Wednesday. Bills prefiled by state legislators from Jefferson County range from anti-crime legislation...

Multi-family housing values increase.
January 9, 2004... Byline: Mike Nixon Publicly traded stocks for companies specializing in multi-family housing began the year at record highs and are poised for continued gains in 2004, according to the National Association of Home Builders Multi-family...

Freddie Mac and Fannie Mae workings questioned by Fed.
January 9, 2004... Byline: Mike Nixon A recent study released by the Federal Reserve Board questions the benefits provided to homebuyers by Freddie Mac and Fannie Mae, while noting that the two mortgage engines, known as Government Sponsored Enterprises,...

Judge Benton headed toward federal appeals court nomination.
January 10, 2004... Byline: Donna Walter It looks like Missouri Supreme Court Judge Duane Benton will receive a nomination from President George W. Bush to fill one of the vacancies on the 8th U.S. Circuit Court of Appeals. The FBI is currently performing...

Prima facie case not presented in reasonable accommodation complaint.
January 10, 2004... Byline: Emily Umbright A simple doctor's note could have prevented an injured University City postal worker from losing his job, 8th Circuit Court of Appeals Judge Kermit E. Bye noted in a concurring opinion concerning the postal worker's...

Custody case remanded over error by trial court.
January 10, 2004... Byline: Emily Umbright In a partially affirmed dissolution of marriage opinion, the Missouri Court of Appeals, Southern District, reversed a wife's award for primary physical custody of the couple's two children due to a glitch in the...

IRS pipeline classification adjustment erroneous.
January 13, 2004... Byline: Emily Umbright The operator of a natural gas gathering pipeline system will finally get the tax refund it was waiting for, as the result of an 8th U.S. Circuit Court of Appeals decision involving the differentiation in...

SBC Communications pension plan interpretation correct.
January 13, 2004... Byline: Donna Walter A federal appeals court upheld SBC Communication's interpretation of its pension benefit plan, which was challenged by a St. Joseph woman whose pension benefits were calculated without an additional three years...

Maintenance monies cannot account for distribution of marital property.
January 14, 2004... Byline: Emily Umbright Maintenance monies awarded from a divorce decree cannot account for distribution of marital property, the Missouri Court of Appeals, Eastern District, found in a reversed decision on Tuesday. "To accept Husband's...

Conservator cleared of wrongdoing in estate dispute.
January 15, 2004... Byline: Donna Walter A Warrenton woman has been cleared of making improper purchases and transfers from the bank account of her stepfather and for failing to fulfill her duties as conservator of his estate. The probate judge who issued...

County required to pay deputy juvenile officer's salary.
January 16, 2004... Byline: Emily Umbright A decision handed down by the Missouri Supreme Court on Tuesday reflects the effects of a financially strapped state on its judicial system. In its reversed opinion, the high court authorized a bi-county circuit...

Doe Run venue case heard by Supreme Court.
January 16, 2004... Byline: Cathy Kingsley State Supreme Court arguments were heard last week on a case involving claims against a high-ranking officer in the Doe Run Resources Corp. in Herculaneum and whether to transfer the case to a venue other than the...

First round of deadlines for siding settlement arrives.
January 16, 2004... Byline: Mike Nixon The first round of deadlines for more than 4.3 million homeowners to complete claims in a legal settlement with Masonite Corp. Hardboard Siding has arrived. The Homeowners Against Defective Dwellings, a consumer...

Sentencing guidelines opinion draws sharp dissent.
January 16, 2004... Byline: Deborah Fauver Two of the longest-serving judges on the 8th U.S. Circuit Court of Appeals squared off on a sentencing issue this week; also part of the mix was 8th Circuit Judge Diana E. Murphy, who serves as the chair of the U.S....

Neuner makes partner, Greiman elected to Executive Committee at Spencer Fane Britt & Browne L.L.P.
January 17, 2004... Byline: staff Spencer Fane Britt & Browne L.L.P. announces the election of Frank X. Neuner Jr. to partner from associate standing and Gerald P. Greiman to the firm's Executive Committee. Neuner is a member of the firm's Litigation...

St. Louis-based Beard & Medler L.L.C. moves to new location.
January 17, 2004... Byline: staff The law offices of Beard & Medler L.L.C. have moved. As of Jan. 1, the firm is now locatd at Fifth Third Center, 8000 Maryland Ave., Suite 640, St. Louis, MO 63105. The telephone and facsimile numbers remain the same. The...

James E. Godfrey Jr. joins Evans & Dixon.
January 17, 2004... Byline: staff Bringing more than 20 years of experience in civil defense litigation to the law firm of Evans & Dixon is James E. Godfrey Jr., who is now a member of the firm's Civil Litigation Practice with specialties in the areas of...

Rebecca J. Brandau joins Husch & Eppenberger L.L.C.
January 17, 2004... Byline: staff Rebecca J. Brandau has joined Husch & Eppenberger L.L.C. as of counsel in the firm's Intellectual Property and Technology Practice Group. She concentrates her practice in the preparation and prosecution of U.S. utility and...

Stephanie Gurley joins St. Louis-based THF Realty.
January 17, 2004... Byline: staff Stephanie Gurley has joined THF Realty as its communications specialist. In her new position, Gurley will coordinate THF's internal and external communications as well as its branding image. She will serve as liaison to the...

Brad Lynch joins St. Louis-based Ascent Corp.
January 17, 2004... Byline: staff Brad Lynch recently joined Ascent Corp as a business development account executive where he will be responsible for generating new business and providing product and service information to potential new clients. Previously,...

Robert M. Jordan, CPA, joins the firm of Rubin, Brown, Gornstein & Co. L.L.P.
January 17, 2004... Byline: staff Robert M. Jordan, CPA, has joined the firm of Rubin, Brown, Gornstein & Co. L.L.P. as a partner in the Wealth Management Group, where he will bring more than 24 years of experience with tax, financial and estate planning. He...

Jacqueline Quicksilver joins Coldwell Banker Commercial C.R.A. L.C.C.
January 17, 2004... Byline: staff Jacqueline Quicksilver has joined Coldwell Banker Commercial C.R.A. L.C.C. as a sales and leasing associate. Licensed as a commercial real estate salesperson holding Series 7, 63 and 65 Health & Life licenses, Quicksilver is...

Hostile work environment claim rejected by 8th U.S. Circuit Court of Appeals.
January 17, 2004... Byline: Deborah Fauver Even if a male co-worker routinely criticized the work of a female box maker in a meat packing plant, because he was not her `supervisor,' and because the comments were not `based on sex,' there is no harassment...

Judge Cohen honored at appellate swearing-in ceremony.
January 20, 2004... Byline: Emily Umbright Friends and family merged with colleagues and politicians in the center of the tiled floor at the Wainwright State Office Building last Friday to witness Judge Patricia L. Cohen's swearing-in as a judge of the...

Gov. Holden fills 11th Judicial Circuit Court vacancy.
January 21, 2004... Byline: staff Gov. Bob Holden on Tuesday announced the appointment of William Thomas Lohmar Jr. to the 11th Judicial Circuit Court. He replaces Judge Steve Ehlmann who left the bench to become the county administrator for St. Charles...

Court failed to inform defendant of self-representation pitfalls.
January 21, 2004... Byline: Emily Umbright A circuit court's failure to explain the dangers of self-representation to a man defending himself pro se against charges of resisting arrest will lead to a new trial, the Missouri Court of Appeals, Eastern District,...

St. Louis County Bar Assn. to honor two members.
January 22, 2004... Byline: Emily Umbright The St. Louis County Bar Association will honor two of its members at its annual dinner at the Chase Park Plaza's elegant Starlight Roof on Friday, Feb. 6. At the event led by incoming President Jeffrey D....

Court lacked authority to raise judgment amount.
January 22, 2004... Byline: Donna Walter A trial court that awarded a personal-injury plaintiff a $250,000 default judgment did not have the authority to do so because the plaintiff's petition requested an amount "in excess of $25,000 and less than $75,000."...

Arnold company sued for retaliatory discharge.
January 22, 2004... Byline: Cathy Kingsley Attorney Steven Stenger doesn't normally take workers' compensation cases, but he decided to take this one, on principle, for Jesse M. Kenaum. Kenaum was employed as a truck diesel mechanic for Gunters Services,...

Memorial service planned for Hillsboro attorney.
January 22, 2004... Byline: staff Hillsboro attorney D. Clint Almond passed away on Saturday. He was 82. A memorial service will be held at 3 p.m. Friday at Dietrich-Mothershead Chapel, located at 220 N. Main St. in DeSoto. Almond will be eulogized by...

QuikTrip challenges Motor Fuel Marketing Act.
January 22, 2004... Byline: Donna Walter In a case of first impression, the Missouri Supreme Court is considering a challenge to the state's Motor Fuel Marketing Act brought by QuikTrip Corp., which is the defendant in an enforcement action brought by the...

St. Louis atty. lists her top 10 cases of 2003.
January 23, 2004... Byline: Gretchen Myers State ex rel. Diehl vs. O'Malley, SC84659 (Mo. banc, 1/28/03) In any action based upon a violation of the Missouri Human Rights Act, an individual has a constitutional right to a jury trial. Helsel vs. Noellsch,...

St. Louis atty. lists 10 most important domestic cases of 2003.
January 23, 2004... Byline: Lawrence G. Gillespie In re Marriage of Woodson, 92 S.W.3d 780. The Supreme Court laid to rest any constitutional challenge to Section 169.572, which states that Social Security benefits cannot be divided in a dissolution and then...

Bryan Cave law partner lists 10 most important cases of 2003.
January 23, 2004... Byline: Charles A. Weiss Parties entitled to jury trial in discrimination suits under Missouri's Human Rights Act State ex rel. Diehl vs. Honorable John O'Malley, No. SC84659 (Mo. banc 1-28-03) In one of its first decisions of 2003,...

Trial atty. lists 10 most important cases of 2003.
January 23, 2004... Byline: Leonard P. Cervantes Johnson vs. State, 102 S.W.3d 535 (Mo. banc 2003) The Missouri Supreme Court abolished the death penalty for defendants who are mentally retarded. Prior to trial, three mental health experts evaluated Johnson...

Edward Dowd remembered as a legal community stalwart.
January 23, 2004... Byline: staff After a full life in the legal and law enforcement sectors, former Circuit Attorney Edward L. Dowd succumbed to kidney and heart failure on Tuesday at the age of 85. "Ed Dowd was a vigorous, straight shooter as a circuit...

TBP Holding sells interest in The Bar Plan Title Insurance Co.
January 23, 2004... Byline: staff TBP Holding Co., a wholly-owned subsidiary of The Bar Plan Mutual Insurance Co., sold its 100 percent ownership interest in The Bar Plan Title Insurance Co. to Reliant Holding Co. on Dec. 31, 2003. Reliant is a Kansas...

St. Louis atty. lists 10 most important cases of 2003.
January 23, 2004... Byline: W. Dudley McCarter Tony Twist vs. TCI Cablevision, SC84856 (7/29/03). This was a case where the jury had awarded a $24.5 million verdict to Tony Twist, the former Blues hockey player saying that his name had been appropriated by...

Special chief counsel to MO Atty. General lists 10 most important cases of 2003.
January 23, 2004... Byline: Erwin O. Switzer III State ex rel. Diehl vs. O'Malley, 95 S.W.3d 82 (Mo. 1/28/2003). The Supreme Court held that there is a state constitutional right to a jury trial in claims for damages brought in state court under the Missouri...

Fair housing gets financial boost from HUD.
January 23, 2004... Byline: Mike Nixon Although awareness has risen, fair housing advocates admit much more needs to be done to secure affordable and decent housing for low-income families. The Department of Housing and Urban Development has agreed, and last...

Clayco Construction has new vice president, project executive.
January 23, 2004... Byline: staff Charles (Chuck) E. Greene has joined Clayco Construction Co. as vice president and project executive. Greene, who has more than 25 years of combined field and corporate office experience, will concentrate on Clayco's...

Area attorneys weigh in on important cases of 2003.
January 23, 2004... Byline: staff When a new year begins is the perfect time to reflect on the changes that have occurred in the old year. In that vein, we asked area attorneys to tell us what they think were the most significant decisions handed down by...

Mound City Bar Assn. president lists her 10 most important cases of 2003.
January 23, 2004... Byline: Hope Whitehead Alvin Brooks et al. vs. State of Missouri, SC85674 pending before the Missouri Supreme Court. This is the case against Missouri's Conceal Carry Law, recently heard in the St. Louis City Circuit Court. However, as...

Defense atty. lists his top 10 most important cases of 2003.
January 23, 2004... Byline: Gerard T. Noce State ex rel. Diehl vs. O'Malley, SC84659, 95 SE3d 82 (Mo. banc 2003) This case allows plaintiffs who bring claims and causes of action under the Missouri Human Rights Act, RSMo 213.100, Ed.2d a trial by jury. ...

Construction industry eyes immigrants as workers.
January 23, 2004... Byline: Mike Nixon Debate concerning a new immigration proposal introduced this month by President Bush, which creates what some have called an unofficial amnesty opportunity - while simultaneously strengthening the nation's borders...

Associated General Contractors of St. Louis elects new chairman.
January 23, 2004... Byline: staff Patrick J. Kozeny, president and C.O.O. of Kozeny-Wagner Inc. was recently installed as chairman of the board of the Associated General Contractors of St. Louis. He succeeds Kevin Kuntz of McCarthy Building Companies as...

U.S. Circuit Court of Appeals: the year in review.
January 23, 2004... Byline: Deborah Fauver The 8th U.S. Circuit Court of Appeals and its Bankruptcy Appellate Panel issued more than 680 published opinions in 2003. A sampling of notable decisions follows, though this list should not be deemed to include...

James E. Klenc joins Hinshaw & Culbertson as an associate.
January 24, 2004... Byline: staff James E. Klenc has joined Hinshaw & Culbertson as an associate. Graduating from Bradley University in Peoria, Ill. in 1995, Klenc attended Saint Louis University School of law in 1999. In his new position, he will practice...

Brown & James law firm announces staffing changes for January 24, 2004.
January 24, 2004... Byline: staff Robert L. Brady and David W. Cooper were recently elected principals of the firm, Brown & James. Brady brings over seven years of experience in commercial and insurance litigation to the firm's insurance law practice group. A...

Legislators to attend Missouri Bar's `law school.
January 24, 2004... Byline: Emily Umbright It's back to school for state lawmakers and members of their staffs as The Missouri Bar hosts "Law School for Legislators" at the state capital on Tuesday. The program will provide an overview of the law with...

Kathryn Spilker named to Manchester's Who's Who Among Executive and Professional Women in Nursing.
January 24, 2004... Byline: staff Kathryn Spilker RN, BSN, LNC has been named to Manchester's Who's Who Among Executive and Professional Women in Nursing and Healthcare 2003/2004 registry. Spilker is an independent Legal Nurse Consultant and owns Lifeline...

Gov. Bob Holden appoints attorney Gerald Greiman to the Missouri State Park Board.
January 24, 2004... Byline: staff Gov. Bob Holden recently appointed attorney Gerald Greiman to the Missouri State Park Board. A partner at the firm Spencer, Fane, Britt & Browne, Greiman earned both a bachelor's degree as well as his J.D. from Washington...

MO Court of Appeals rules murder defendant fails to prove charge of ineffective counsel.
January 24, 2004... Byline: Donna Walter A man convicted of second-degree murder for the death of his girlfriend's 17-month-old daughter failed to prove his charges of ineffective assistance of trial counsel and will continue to serve his 20-year prison...

Victoria Jacobson to head St. Louis-based The Foundation for Credit Education.
January 24, 2004... Byline: staff Consumer Credit Counseling Service of America Inc., parent agency to CDC Consumer Debt Counseling and Consumer Credit Counseling Service-St. Louis, recently formed The Foundation for Credit Education, an independent...

St. Louis-based Midwest Bank Center announces executive promotions.
January 24, 2004... Byline: staff In response to rapid growth in the regions of south St. Louis County and northern Jefferson County, Midwest Bank Center has promoted Frank J. Ziegler Jr. to chairman of its South Region and named Gerard "Jerry" Geen to...

Franklin Ferriss remembered as strict judge, active Republican.
January 27, 2004... Byline: staff Longtime St. Louis County Circuit Judge Franklin Ferriss died last Tuesday from complications with pneumonia at the age of 92. Ferriss began his judgeship on the 21st Judicial Circuit in 1954 and later rose to the...

Black Law Students Assn. to host convention.
January 27, 2004... Byline: staff The Midwest Region of the Black Law Students Association will hold its annual convention this week at the Radisson Hotel in downtown St. Louis. The event will begin at noon Thursday with a luncheon featuring St. Louis...

Supreme Court remands first impression issue to 8th Circuit.
January 28, 2004... Byline: Deborah Fauver Will Miranda warnings at the jailhouse cure a police officer's earlier error of eliciting statements in violation of an indictee's Sixth Amendment right to counsel? The U.S. Supreme Court side-stepped the question...

Court of Appeals transfers Prevailing Wage Act dispute to Missouri Supreme Court.
January 29, 2004... Byline: Emily Umbright A pair of construction contractors and the Missouri Department of Labor and Industrial Relations are set to face off in the Missouri Supreme Court after a Court of Appeals decision handed down on Tuesday issued a...

Missouri Supreme Court upholds $580,000 default judgment.
January 29, 2004... Byline: Deborah Fauver Forgetting that she had been served with a civil complaint did not justify a defendant's three-month delay in responding, held the Missouri Supreme Court on Tuesday, affirming a default judgment of more than $580,000...

Meadows, Wieland vie for vacant House seat in Missouri's 101st District.
January 30, 2004... Byline: Cathy Kingsley Both candidates running to fill the vacancy in the 101st House District agree that the financial crisis in the school districts and health care for senior citizens are their top priority. The two candidates are...

Panel named to fill vacancy on St. Louis County bench.
January 30, 2004... Byline: staff The 21st Judicial Circuit Commission has announced a panel of nominees for the position of circuit judge in the County of St. Louis. The vacancy was created by the retirement of Judge Susan Block. Those nominated by the...

Missouri Court of Appeals denies father's attempt to quit paying daughter's college costs.
January 30, 2004... Byline: Emily Umbright A father's attempt to sever decreed higher-education costs and child support for his three daughters fell short of a reversal in the Missouri Court of Appeals, Eastern District, on Tuesday, due mostly to his failure...

Commercial real estate firm forecasts upswing in St. Louis market.
January 30, 2004... Byline: Erin Piel In its annual real estate forecast for the St. Louis market, Grubb & Ellis|Krombach Partners offered encouraging news to the different markets in the industry. For the first time in more than two years, the area's...

St. Louis-based Paric Corp. completes Phase I of The Willows at Brooking Park.
January 30, 2004... Byline: staff In a setting reminiscent of an English village and garden, St. Andrew's Resources for Seniors has opened the first apartment homes at The Willows at Brooking Park - a $60 million luxury retirement community in Chesterfield,...

Attorney Clint Almond remembered as passionate about law, life.
January 30, 2004... Byline: Donna Walter A standing-room only crowd filled the chapel and the small room outside the chapel of Dietrich-Mothershead Funeral Home last Friday afternoon for a memorial service to observe the passing of D. Clinton Almond Sr. ...

MO Housing Development Comm. makes changes to housing fund packages before approval.
January 30, 2004... Byline: Mike Nixon In an unexpected move, the Missouri Housing Development Commission made detailed changes to preliminary real estate funding packages before offering a final approval vote last Friday in Jefferson City. "Normally our...

HUD plan offered support by builders, lenders.
January 30, 2004... Byline: Mike Nixon Both the National Association of Home Builders and the Mortgage Bankers Association have applauded a new Housing and Urban Development plan that would offer homeownership opportunities to minority and lower-income...

Clayton-based Gershman Mortgage introduces new hybrid adjustable rate loan and Web site.
January 30, 2004... Byline: staff The new year marked a couple of changes at Gershman Mortgage. The Clayton-based mortgage company recently announced the launch of its new Web site, www.gershman.com, and the introduction of the Department of Veterans Affairs'...

Armstrong Teasdale announces four new additions to its law firm.
January 31, 2004... Byline: staff Armstrong Teasdale has hired four new additions to its firm. Among those is Lori L. Bockman, a member of the firm's business services department. She will focus her attention on the area of public finance, where she will...

Rubin, Brown, Gornstein & Co. announces staff changes.
January 31, 2004... Byline: staff Jennifer Gerstein has joined Rubin, Brown, Gornstein & Co. as a manager in the firm's internal audit services group, where she will manage, plan and conduct information technology audits and provide management consulting to...

Joy Holley named Counsel at Bryan Cave LLP.
January 31, 2004... Byline: staff Joy Holley was recently named Counsel at Bryan Cave L.L.P. She is a member of the firm's commerical litigation and product liability client service group, focusing on product liability, class action and complex civil...

Malcolm Martin, law firm co-founder, dies.
January 31, 2004... Byline: Donna Walter Malcolm Martin, co-founder of the law firm that is now Blackwell Sanders Peper Martin, died early Thursday morning. He was 91. Martin was born in St. Louis on Feb. 21, 1912. He is a 1929 graduate of St. Louis...