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

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

Union Pacific Railroad prejudiced by adverse inference.
July 1, 2004... Byline: Emily Umbright With no proof that a railroad intentionally destroyed potential evidence, a district court's adverse inference instructions against the railroad were unwarranted, the 8th U.S. Circuit Court of Appeals ruled Monday,...

Construction roundtable addresses labor issues.
July 2, 2004... Byline: Mike Nixon The Construction Users Roundtable, in coordination with building trade associations and unions, has released a position summary for member groups to use as a tool when addressing employment issues within this industry....

Federal home lenders told to register data.
July 2, 2004... Byline: Mike Nixon In a unanimous move last week, the Federal Housing Finance Board voted to require Federal Home Loan Banks to register all disclosures with the U.S. Securities and Exchange Commission. Prompted by the massive size and...

Habitat for Humanity building blitz set to break records.
July 2, 2004... Byline: staff Following a setback when robbers broke into its trailers, Habitat for Humanity St. Louis is back on track and ready to kick off a Blitz Build, in which several hundred volunteers will build 20 houses in eight days. The...

Group seeks funds to expand drug court.
July 2, 2004... Byline: Cathy Kingsley Advocates of the drug court in Jefferson County are so convinced of its merits they are looking to raise money to expand the program. Federal grants through the Bureau of Justice Systems that would provide $385,000...

State not expected to take over payroll of juvenile division.
July 2, 2004... Byline: Cathy Kingsley An opportunity to have the state take over the payroll of the juvenile division in the 23rd Circuit Court is not likely to happen, according to David Coplen, director of the Administration and Budget Division at the...

Subdivision trustees cannot amend protective covenant.
July 2, 2004... Byline: Emily Umbright Trustees of a St. Louis County subdivision cannot force property owners to pay an additional assessment to fund a members-only neighborhood clubhouse, the Missouri Court of Appeal, Eastern District, determined on...

Parental rights termination reversed in favor of father with brain injury.
July 3, 2004... Byline: Emily Umbright A brain injury will not get in the way of this father and son, the Missouri Supreme Court ruled on Thursday, reversing a Jefferson County Circuit Court's decision to terminate the father's custody because a fall that...

Letter's wording did not meet statutory requirements for deed of release.
July 3, 2004... Byline: Erin Suess A letter sent by a couple requesting the deed to their home divided the Missouri Supreme Court 5-2, with the majority holding the language failed to meet statutory requirements; that failure was fatal to their statutory...

Thomas A. Schweich named chief of staff for U.N. Ambassador Danforth.
July 3, 2004... Byline: staff Thomas A. Schweich, a partner in the St. Louis office of Bryan Cave, has been selected to serve as chief of staff under John Danforth, the newly appointed U.S. Ambassador to the United Nations. As a result, Schweich will...

Argent Capital Management adds to staff.
July 3, 2004... Byline: staff Thomas E. Leritz, CFA, has joined Argent Capital Management L.L.C. as managing director, providing customized stock portfolio management for endowments, foundations, pension funds and affluent individuals. Prior to his...

Contegra Construction Co. hires new project manager.
July 3, 2004... Byline: staff Jason Prewitt has joined Contegra Construction Co. as a project manager, where he will oversee daily operations of construction projects, such as scheduling and budgets. Prior to this position, he worked as a project engineer...

Gov. Holden makes appointment to Child Abuse and Neglect Review Board.
July 3, 2004... Byline: staff Gov. Bob Holden has appointed Mary Zabawa Taylor to the Child Abuse and Neglect Review Board. Currently the executive director of the St. Louis City Court Appointed Special Advocates, she holds a bachelor's degree from...

Commission releases recommendations for prison sentencing.
July 6, 2004... Byline: Erin Suess The Missouri Sentencing Advisory Commission released its findings and recommended a new system of criminal sentencing last week after nearly a year of investigation and research into all parts of the criminal justice...

Wheel wash company owed duty of care to rail employee.
July 7, 2004... Byline: Emily Umbright The seller of a locomotive wheel wash owed a duty of care to a railroad's employees while it repaired the wash, the Missouri Court of Appeals, Eastern District, ruled on Tuesday, reversing a St. Louis City trial...

Attorneys general join forces to combat predatory lending.
July 7, 2004... Byline: staff Metro-area consumers will see a full force attack on predatory lending, thanks to a grant received by area agencies with assistance from Missouri Attorney General Jay Nixon and Illinois Attorney General Lisa Madigan....

Lawyers Trust Fund of Illinois elects president.
July 7, 2004... Byline: staff Ann Hatch, a partner at Herzog Crebs L.L.P., has been elected president of the Lawyers Trust Fund of Illinois, an organization that provides funding to 34 not-for-profit legal aid organizations that serve low-income Illinois...

Tim Heinsz, former MU law dean, built institutions, relationships.
July 8, 2004... Byline: Emily Umbright The accomplished and sincere Timothy Heinsz, former dean of the University of Missouri-Columbia School of Law, died suddenly on Friday, July 2, at the age of 56, leaving family members and the academic and legal...

Insolvent insurer must pay $30 million claim.
July 8, 2004... Byline: Erin Suess Asbestos-damage suits have hit Westinghouse Electric Corp. hard in the past, but a finding by the Missouri Supreme Court that one of its insurers must pay for the years it insured Westinghouse might ease some of the...

AAA holds seminar on resolving construction disputes.
July 9, 2004... Byline: Erin Suess Allan Gallup and Joseph Krispin provided the inside scoop on the benefits of arbitration when resolving construction disputes at a seminar presented by the American Arbitration Association. Gallup and Krispin, both...

Agents need to train sellers about moving property.
July 9, 2004... Byline: Mike Nixon Patrick really did think he was helping as he followed the perspective buyers on his parents' Jefferson County home during their initial tour of the house, informing them along the way of the details that might help them...

Lenders offer insight into interest-only mortgages.
July 9, 2004... Byline: Mike Nixon As interest rates begin to rise, many homeowners - both those who have refinanced at lower rates and those who have waited until the record-level trend shifted - may be reconsidering their mortgage package. As the home...

Pres. of bar assn. asked to form committee to examine mediation in dissolution cases.
July 9, 2004... Byline: Cathy Kingsley Attorney Suzan K. Ponder-Bates became president of the Jefferson County Bar Association in early June, and she has already been approached by judges in the circuit court about addressing certain issues by a bar...

MO Court of Appeals rules injured police officer may sue homeowner who consented to search.
July 9, 2004... Byline: Erin Suess A police officer injured during a methamphetamine raid cannot sue a homeowner absent from his property when the bust occurred, ruled a unanimous panel of the Missouri Court of Appeals, Eastern District, on Tuesday. The...

8th Circuit rules illegal alien not entitled to lighter drug sentence.
July 9, 2004... Byline: Emily Umbright An illegal alien convicted of a drug crime cannot receive a downward departure sentence even though he gave up his right to contest deportation, the 8th U.S. Circuit Court of Appeals ruled on Thursday. The...

8th Circuit Court of Appeals rules First Amendment does not cover recording executions.
July 10, 2004... Byline: Emily Umbright The execution room will not be open to Rev. Larry Rice and the New Life Evangelistic Center, or anyone else with a video camera, the 8th U.S. Circuit Court of Appeals determined Friday, finding that such a ban does...

8th US Circuit Court of Appeals rules SEC must pay businessman's attorney fees.
July 10, 2004... Byline: Erin Suess A divided panel of the 8th U.S. Circuit Court of Appeals issued an opinion, highly critical of a six-year legal battle brought by the Securities and Exchange Commission, granting attorney fees to the businessman whose...

8th US Circuit Court of Appeals expands area of permissible searches.
July 10, 2004... Byline: Donna Walter The window well in a car door is the latest addition to the list of areas that may be searched by police without a search warrant. On Tuesday, the 8th U.S. Circuit Court of Appeals said a lower court was correct...

Shannon Summers joins workers' comp practice at Evans & Dixon L.L.C.
July 10, 2004... Byline: staff Shannon R. Summers has joined the workers' compensation practice at Evans & Dixon L.L.C. as an associate, representing major insurance carriers and self-insured employers. Admitted to practice in Missouri and before the...

Rubin, Brown, Gornstein & Co. announces two promotions.
July 10, 2004... Byline: staff Brian D. Amelung, CPA, and Karen S. Beckemeyer, CPA, have been promoted to managers at Rubin, Brown, Gornstein & Co. L.L.P. Amelung, who provides accounting and consulting services to contractors and country clubs, joined the...

St. Louis-based Cole & Associates announces two additions to their staff.
July 10, 2004... Byline: staff Eddie B. Murray, PLS, has joined Cole & Associates as a project survey manager. At the civil engineering, planning and surveying firm, he will be responsible for managing surveying projects, including fieldwork and office...

Missouri Division of International Assn. of Administrative Professionals elects new president.
July 10, 2004... Byline: staff MasterCard International's Joann L. Hailey, CPS, executive assistant to the business financial officer - senior vice president of GTO finance and administration, was elected president of the Missouri Division of International...

St. Louis-based networking organization for businesses grows from one group to six.
July 10, 2004... Byline: staff After facing challenges as entrepreneurs, Wanda Davis, Susan Duncan and Sheila Rilenge have created the Christian Business Connectors, a networking organization for businesses and business people. Since its inception in...

St. Louis-based law firms announce staffing changes: July 10, 2004.
July 10, 2004... Byline: staff Karie E. Casey has joined Amelung, Wulff & Willenbrock as a principal. Paul Hetterman has joined Bartley Goffstein L.L.C., founded in the 1900s, as a partner and head of the firm's trial practice. Hetterman has spent 14...

Fox Galvin L.L.C. announces the hiring of a new associate.
July 10, 2004... Byline: staff Fox Galvin L.L.C. welcomed new associate John M. Allen to the firm. Previously in-house counsel for a major corporation, he has achieved favorable results in numerous employment, consumer protection and vendor-related cases....

Petition problems reverse termination of parental rights.
July 13, 2004... Byline: Erin Suess A court cannot terminate parental rights on grounds different from those stated in the termination petition, ruled the Missouri Court of Appeals, Southern District, last Thursday. The child, born in 1993, stayed with...

St. Louis County Probate Court goes live with information system.
July 13, 2004... Byline: Emily Umbright As if online banking, shopping and bill paying weren't enough, St. Louis County Probate Court wired up and went live Monday with its new Justice Information System, joining the ranks of its St. Louis City and St....

Governor signs law reforming Missouri trust law.
July 14, 2004... Byline: Donna Walter Missouri Gov. Bob Holden signed into law on Friday a bill to reform Missouri trust law. The Missouri Uniform Trust Code, drafted by The Missouri Bar, is a comprehensive revision of Missouri's trust code. It took...

Court lacks jurisdiction in contract dispute.
July 14, 2004... Byline: Emily Umbright If a contract provides a specific arbitration location outside the state of Missouri, Missouri courts hold no jurisdiction over the matter, the Missouri Court of Appeals, Eastern District, determined on Tuesday. ...

Nominees sought for workers' compensation lawyer award.
July 14, 2004... Byline: staff The Bar Association of Metropolitan St. Louis and Kids' Chance Inc. are rounding up a few good workers' compensation attorneys for the second annual Distinguished Lawyer Award. Nominations for the award, recognizing an...

Illinois Supreme Court amends rule on appeal bonds.
July 14, 2004... Byline: Paul Felsch In January 2004, Illinois Court's Rules Committee heard proposals to amend Rule 305, Stay of Judgments Pending Appeal. The original rule stated that an appeal bond shall be in an amount sufficient to cover the amount of...

Contradictory fact allegations do not bar suit against contractor.
July 15, 2004... Byline: Donna Walter The company that supplied, but was never paid for, the metal wall panels for a new building in the Grandview R-II School District may pursue its unjust enrichment claim against the general contractor, the Missouri...

School district not responsible for attorney fees.
July 15, 2004... Byline: Emily Umbright A Kansas City school district alleged to have robbed a teacher of personal school supplies will not have to pay attorney fees for due process claims she brought against the district, the 8th U.S. Circuit Court of...

Wrongfully imprisoned man allowed to pursue suit against state employees.
July 16, 2004... Byline: Erin Suess A man held in jail 57 days after a court ordered his release may pursue his wrongful imprisonment claims against state employees who ignored his pleas for freedom, ruled the 8th U.S. Circuit Court of Appeals on...

No proof in record defendant waived right to jury trial.
July 16, 2004... Byline: Donna Walter A man convicted of second-degree drug trafficking and sentenced to 10 years in prison has been awarded a new trial. In a decision handed down on Monday, the Missouri Court of Appeals, Southern District, reversed...

Hospital renovation requires coordinated, multilevel cooperation among contractors.
July 16, 2004... Byline: Erin Suess In a Herculean effort, Barnes-Jewish Hospital in the Central West End is renovating its operating rooms, intensive care units and other departments as part of the ongoing integration of its sprawling campus. "We are,...

Sen. Talent touts infrastructure importance.
July 16, 2004... Byline: Mike Nixon "Today I had a visit with a bunch of high schoolers as part of one of these congressional visit programs. I only had about 10 minutes with them so I skipped the formalities and said, 'Ask what you want to ask,'" said...

Mediation veto draws mixed responses.
July 16, 2004... Byline: Mike Nixon Building contractors and remodelers lost a legal procedure option last week when Missouri Gov. Bob Holden vetoed legislation that would have permitted them an opportunity to resolve lawsuits involving homeowners through...

Driver sues highway commission for ice on Route MM.
July 16, 2004... Byline: Cathy Kingsley An accident on Route MM near Hawthorn Drive in House Springs took the life of one girl and caused severe injuries to another. The accident happened at about 4:30 p.m. on Jan. 5. Now the driver is suing the Missouri...

Damage awards reduced in environmental lawsuit.
July 17, 2004... Byline: Emily Umbright The CBS-Viacom merger may have seemed like a profitable idea in 1999, but baggage left over from CBS's Westinghouse Electric Corp. buyout has the communications company facing hefty environmental litigation. ...

Commentary: Everest Cafe offers a taste of Nepal in St. Louis.
July 17, 2004... Byline: Judge Richard Teitelman I have always thought one of the most exotic and interesting places in the world to visit would be Katmandu, Nepal. However, not having visited Katmandu, the next best thing is going to the Everest Cafe at...

Lashly & Baer P.C. adds two associates to staff.
July 17, 2004... Byline: staff Timm W. Schowalter and Andrew G. Toennies have joined Lashly & Baer P.C. as associates. Schowalter, who practices in labor & employment, litigation and alternative dispute resolution, works on a variety of labor and...

Evans & Dixon L.L.C. adds to workers' compensation practice.
July 17, 2004... Byline: staff Nathan Williams has joined Evans & Dixon L.L.C. as an associate in its workers' compensation practice, where he will represent major insurance carriers and self-insured employers from a variety of industries in workers'...

Armstrong Teasdale partner appointed to diabetes research foundation board.
July 17, 2004... Byline: staff Robert Schwendinger, a partner with Armstrong Teasdale L.L.P., has been appointed to the American Diabetes Association Research Foundation National Board of Directors, which, through fund raising, supports the diabetes...

Missouri Bar exec. director to receive Bolton Award for Professional Excellence.
July 17, 2004... Byline: staff Missouri Bar Executive Director Keith A. Birkes has been selected by the National Association of Bar Executives to receive the prestigious Bolton Award for Professional Excellence. A staff member for 29 years and executive...

Thompson Coburn associate selected for '30 under 30' list.
July 17, 2004... Byline: staff Thompson Coburn associate Dannea Delano was selected by the St. Louis Business Journal for its "30 Under 30," a group of individuals seen as the next generation of "movers and shakers." A member in the firm's employee benefit...

Missouri law applies in injury dispute, says 8th US Circuit Court of Appeals.
July 20, 2004... Byline: Donna Walter A tort against a corporation is committed where the physical injury takes place, and it is the law of that state that applies to any ensuing lawsuits brought by the corporation, said the 8th U.S. Circuit Court of...

Sheriff not protected by qualified immunity in suicide case, rules 8th Circuit Court of Appeals.
July 20, 2004... Byline: Emily Umbright Qualified immunity does not protect a South Dakota sheriff who acted "deliberately indifferent" toward a suicidal inmate, the 8th U.S. Circuit Court of Appeals ruled on Monday. "'The Eighth Amendment prohibits...

Washington University law school to add two new faculty chairs.
July 21, 2004... Byline: Erin Suess Washington University School of Law has added two new faculty chairs, the Henry H. Oberschelp Professor of Law and the Edward T. Foote II Professor of Law. These new chair positions, named after a prominent St. Louis...

Amended trust not revoked by altered distribution document, says MO appeals court.
July 21, 2004... Byline: Donna Walter If a trust document includes a specific provision for amending or revoking the trust, that procedure must be followed, a Missouri appeals court said, rejecting a family's argument that their brother and uncle revoked...

Illinois Supreme Court amends rule on malpractice insurance.
July 21, 2004... Byline: Paul Felsch Recently, the Illinois Supreme Court amended Rule 756, Registration and Fees. While the original Rule required various fees and disclosure of attorney-held client trust accounts, the amendment additionally requires...

MO Court of Appeals finds eviction of University City resident was not arbitrary.
July 22, 2004... Byline: Emily Umbright University City and its manager did not act arbitrarily when they evicted a resident from her own home for three months, the Missouri Court of Appeals, Eastern District, ruled on Tuesday in affirmation of the...

New survey finds one in five Americans have suffered employment discrimination.
July 22, 2004... Byline: Loren Lee A new survey taken by FindLaw.com reveals that one in five Americans has experienced some type of employment discrimination. In the past few weeks, employment discrimination has been the topic of many headlines. For...

Applicants sought for vacancy on Missouri Supreme Court.
July 22, 2004... Byline: staff The Appellate Judicial Commission will accept applications for the position of judge of the Missouri Supreme Court to fill the vacancy due to the resignation of Judge Duane Benton until 5 p.m. Aug. 20. The commission will...

Report finds office vacancy rates in St. Louis changed little in second quarter.
July 23, 2004... Byline: Erin Suess The regional office vacancy rate is better than some markets but certainly worse than others, according to the second-quarter 2004 St. Louis Office Market Profile released by Coldwell Baker Commercial, reflecting only a...

Small Business Admin. rule change saves small builders.
July 23, 2004... Byline: Mike Nixon The Small Business Administration has reversed its support of a proposal that could have adversely affected thousands of building contractors and other small-business owners. Responding to more than 3,700 appeals...

Missouri and Illinois attorneys general join forces to head off predatory lending.
July 23, 2004... Byline: Mike Nixon Consumer advocates fighting predatory lending will have more legal muscle in their effort to stop the victimization of homeowners as the Missouri and Illinois attorneys general join forces and share funding to head off...

Fannie Mae, Freddie Mac fail to meet affordable housing demand in 44 states.
July 23, 2004... Byline: Mike Nixon Missouri and Illinois are among 44 states in which the U.S. Department of Housing and Urban Development has revealed that the Government Sponsored Enterprises, commonly known as Fannie Mae and Freddie Mac, have failed to...

8th US Circuit Court of Appeals rules court lacked jurisdiction in immigration case.
July 23, 2004... Byline: Emily Umbright Looks like its back to Kenya for a man whose marriage was deemed a sham by the Immigration and Naturalization Service. Last week the 8th U.S. Circuit Court of Appeals determined that a regulation governed by the...

American Bar Assn. president urges political parties to not bash lawyers.
July 24, 2004... Byline: Donna Walter On Tuesday, American Bar Association President Dennis W. Archer sent to the chairmen of the Republican and Democratic national committees a letter calling for the parties to focus on the issues and refrain from...

8th US Circuit Court finds punitive damages award against nursing home 'conscience-shocking'.
July 24, 2004... Byline: Erin Suess A punitive damages award against a nursing home eight times greater than the company's net worth shocked the 8th U.S. Circuit Court of Appeals' conscience, which reduced the $5 million award on Friday to $2 million. ...

American Bar Assn. survey finds vast majority of lawyers now tech-savvy.
July 24, 2004... Byline: Loren Lee An annual survey conducted by the American Bar Association in 2003 has established that lawyers' use of technology is widespread. The survey's main purpose was to take a complete look at how the legal profession uses...

Gene Budde joins Cole & Associates as survey crew chief.
July 24, 2004... Byline: staff Gene Budde, PLS, has joined Cole & Associates as a survey crew chief, where he will be responsible for managing and quality control of survey projects. He brings 41 years of surveying experience to Cole, most recently as...

Partner with Oelbaum & Brown appointed to board of National Academy of Elder Law Attorneys.
July 24, 2004... Byline: staff Martha C. Brown, a partner in the firm of Oelbaum & Brown, has been appointed to serve on the Board of Directors of the National Academy of Elder Law Attorneys. She will serve a two-year term.

First Bank promotes Edward H. Pearce to vice pres. at Hazelwood office.
July 24, 2004... Byline: staff First Bank has promoted Edward H. Pearce, CBCP, to vice president and emergency management and protection at its Hazelwood office. He has 13 years of experience in continuity planning and is responsible for corporatewide...

Leon Williams joins Coldwell Banker Commercial CRA L.L.C as sales and leasing associate.
July 24, 2004... Byline: staff Leon Williams has joined Coldwell Banker Commercial CRA L.L.C. as a sales and leasing associate, where he will be responsible for dealing with retail, industrial and office commercial property types. He holds a bachelor's...

Paul Hetterman joins Bartley Goffstein L.L.C. as partner.
July 24, 2004... Byline: staff Paul Hetterman has joined Bartley Goffstein L.L.C. as a partner and head of the firm's trial practice. He has 14 years of experience as a trial specialist and holds a law degree from St. Louis University School of Law.

MO Assn. of Trial Attorneys presents its President's Award at annual convention.
July 24, 2004... Byline: staff The Missouri Association of Trial Attorneys presented Patrick J. Hagerty of Gray, Ritter & Graham P.C and Mark Moreland of Weinhaus, Dobson, Goldberg and Moreland with the President's Award at the organization's annual...

Michael E. Hughes joins Armstrong Teasdale LLP in firm's litigation dept.
July 24, 2004... Byline: staff Michael E. Hughes has joined the law firm of Armstrong Teasdale L.L.P., practicing in the firm's litigation department, emphasizing the area of medical malpractice. His 25-plus years of trial experience includes work in the...

Missouri Society of Certified Public Accountants elects officers.
July 24, 2004... Byline: staff The Missouri Society of Certified Public Accountants has elected the following St. Louisans as officers for the upcoming year: Diann D. Gross, CPA, chair; Michael P. Croghan, CPA, treasurer; and Stacie L. Robinson, CPA, and...

Clayton law firm Goffstein, Raskas, Pomerantz, Kraus & Sherman L.L.C. announces staffing changes.
July 24, 2004... Byline: staff Clayton law firm Goffstein, Raskas, Pomerantz, Kraus & Sherman L.L.C. has named Lori R. Koch as a member of the firm, and Lawrence J. Permuter and Mark D. Sadow have become counsel to the firm. Koch practices in the firm's...

Two designers join staff of Gray Design Group as project associates.
July 24, 2004... Byline: staff Christia Stevens and Sara Linsen have joined the Gray Design Group as project associates in the design team. They will work on a variety of interior design projects. Stevens holds a bachelor's degree in interior design from...

Rubin, Brown, Gornstein & Co. L.L.P. announces two managerial promotions.
July 24, 2004... Byline: staff Rubin, Brown, Gornstein & Co. L.L.P. has promoted Elizabeth Weber Arro and Kaleb Jon Lilly to managers in its assurance services group. With more than 20 years of experience, Arro provides auditing and consulting services to...

President of SBC Missouri to serve on Harris-Stowe College Board of Regents.
July 24, 2004... Byline: staff Judge Judy Draper swore in Cynthia M. Brinkley, president of SBC Missouri, to the Harris-Stowe College Board of Regents. She replaces Carol Walker and will serve a six-year term. Since November 1999, Brinkley has served as...