Daily Record (St. Louis, MO/St. Louis Countian) articles from July 2007

Daily Record (St. Louis, MO/St. Louis Countian) archives from July 2007

Doctors sue over midwifery in Missouri.
July 2, 2007... Byline: Scott Lauck A group of physician associations filed a lawsuit late Thursday seeking to strike down a controversial law allowing the practice of midwifery in Missouri. In pleadings filed in Cole County Circuit Court, several...

Payday lender faces first suit in Missouri.
July 2, 2007... Byline: Allison Retka A single mother of two from Florrisant has become the first person to sue payday lender Quick Cash since it started doing business in Missouri, perhaps because of a portion of the loan agreement that forbids a...

Federal pleading just got tougher.
July 2, 2007... Byline: Declan C. Leonard/Dolan Media Newswires Last month, with relatively limited fanfare, the U.S. Supreme Court altered the federal pleading standard that has been in effect for the last half century. Those who practice civil...

Mike Shannon's Steak and Seafood cleared in St. Louis pitcher's death.
July 2, 2007... Byline: Allison Retka The Missouri Division of Alcohol and Tobacco Control made a final decision Friday to not take any action against Mike Shannon's Steak and Seafood in the death of Cardinals pitcher Josh Hancock, the Associated Press...

Libel suits fly over drunken driving, 'assassin' allegations in St. Charles.
July 3, 2007... Byline: Tom Herrmann In litigation with all the makings of a quirky daytime drama, a St. Charles County councilman has filed a libel suit against a Kansas City political consultant who has countersued both the councilman and a weekly St....

Members of country club in St. Albans sue for fee refunds.
July 3, 2007... Byline: Heather Cole A former member is looking to add 400 plaintiffs to his lawsuit against the Country Club of St. Albans. Lawyers for plaintiff Robert Wright are seeking class-action status for the suit, which alleges that 400 members...

Two of Mo's largest law firms expand outside their headquarters cities.
July 3, 2007... Byline: Heather Cole Two of Missouri's largest firms expanded outside their headquarters cities with July 1 mergers with smaller firms. Kansas City-based Stinson Morrison Hecker picked up 39 attorneys in St. Louis by merging with...

Commentary: Celebrate our rights while we still have 'em.
July 4, 2007... Byline: Will Connaghan As we grill our pork steaks, enjoy our beverages and celebrate the founding of our nation, it might be a good time to reflect on the current state of our Constitution. On Monday, for instance, President George W....

Cole County judge temporarily restrains midwifery law.
July 4, 2007... Byline: Scott Lauck A Cole County judge on Monday granted a temporary restraining order against a controversial law that allows the practice of midwifery in Missouri. Judge Patricia Joyce enjoined enforcement of the law until a hearing on...

Letter to the editor: Missouri doesn't need an English-language amendment.(Letter to the editor)
July 4, 2007... Byline: Sarah Brodsky Although official state business is not always understandable to ordinary Missourians, the reason probably has more to do with bureaucratic rules and jargon than with any language barrier. Nevertheless, the...

Missouri leads in inmate reduction.
July 5, 2007... Byline: Tom Herrmann Less than two years ago, Missouri courts began a new program to assess inmates to determine what prison sentences and probation terms would be most effective in keeping inmates from returning to prison after their...

Murder suspect gives up extradition fight from St. Charles to Illinois.
July 5, 2007... Byline: Donna Walter The man charged by the state of Illinois with killing his wife and three children has ended his extradition fight. Christopher D. Vaughn was arrested in St. Charles on a fugitive charge on June 25 and since then has...

Two Lake St. Louis attorneys take suspension of practices over bribery case.
July 5, 2007... Byline: Allison Retka Two Lake St. Louis attorneys agreed to drop their law practices for a year to avoid prosecution by the U.S. Attorney's office on charges of lying to FBI agents. Brian Zink and David Dalton II, both attorneys with the...

Attorneys ask full 8th Circuit COA in St. Louis to hear lethal injection appeal.
July 5, 2007... Byline: Tom Herrmann The attorneys for condemned Missouri inmate Michael Taylor have taken their challenge of Missouri's use of lethal injection one step closer to the U.S. Supreme Court. Attorney Ginger Anders on Monday asked the full 8th...

Thomas L. Greaney, J.D., Professor of Law at Saint Louis Univ., honored.
July 5, 2007... Byline: St. Louis Daily Record Staff Thomas L. Greaney, J.D., the Chester A. Myers Professor of Law at Saint Louis University, has been named the 2007 recipient of the Jay Healey Health Law Teachers Award. Greaney, a Fulbright Scholar,...

St. Louis attorney to make presentation at Illinois Bioterrorism Summit 2007.
July 5, 2007... Byline: St. Louis Daily Record Staff David J. Massa, partner at the law firm of Gallop, Johnson & Neuman be a presenter at Illinois Bioterrorism Summit 2007 on July 17 in Oak Brook, Ill. Massa, the pro bono chairman of the nonprofit...

Greensfelder, Hemker & Gale has added four new attorneys to its St. Louis office.
July 5, 2007... Byline: St. Louis Daily Record Staff Greensfelder, Hemker & Gale has added four new attorneys to its St. Louis office. Donald G. Kennedy has rejoined the firm as an officer in the real estate practice group. Kennedy originally joined the...

Missouri Supreme Court Judge White prepares for quiet exit today.
July 6, 2007... Byline: Scott Lauck In the quiet halls of the Missouri Supreme Court building in Jefferson City, the only way one can tell that one of the judges is retiring today is by looking up. The third floor balcony, adjacent to most of the judge's...

Illinois law firm sued in St. Louis Circuit Court over lease at 1010 Market St.
July 6, 2007... Byline: Donna Walter The Illinois law firm of Hepler, Broom, MacDonald, Hebrank, True & Noce is on the receiving end of a rent-and-possession lawsuit filed by its former landlord. In a lawsuit filed in the St. Louis Circuit Court last...

Newly enacted Missouri-state law OKs use of alcoholic swabs in drunken-driving blood tests.
July 6, 2007... Byline: Scott Lauck A newly enacted state law will allow the admission of blood tests on accused drunken drivers even if an alcohol swab was used before blood was drawn. In a press release Monday that touted the law, Gov. Matt Blunt's...

Illinois attorney forms law clubs to fight public ignorance.
July 9, 2007... Byline: Tom Herrmann How many times have you overheard nonlawyer friends talking about legal issues and shaken your head at how much they don't know about the courts and the law? Tad Armstrong, an Illinois attorney, hopes his colleagues...

Missouri Supreme Court orders new death penalty review to examine mitigating testimony.
July 9, 2007... Byline: Donna Walter A convicted murderer on death row got a reprieve of sorts Friday when the Missouri Supreme Court said he should get another penalty phase trial. The 4-3 ruling affirms the decision of Callaway County Judge Gary...

Retiring Justice Ronnie L. White becomes partner in new law firm in St. Louis.
July 10, 2007... Byline: John DeMoor Retiring Justice Ronnie L. White left the Supreme Court in part because he didn't want to be portrayed as the poster child for judicial activism, he said during a weekend interview. White, whose last day on the court...

Illinois appellate court rules Missouri act inapplicable in Illinois.
July 10, 2007... Byline: Tom Herrmann A lawsuit based on an event in Missouri and arguing Missouri law cannot be fought in Illinois, an Illinois appellate court has ruled. The unanimous decision is the second time a Madison County, Ill., woman has been...

AEM wants to drop case in St. Louis against Ray Vinson.
July 10, 2007... Byline: Donna Walter American Equity Mortgage wants to dismiss its federal case against lender Ray Vinson, famed for his twangy "ninety-nine, ninety-nine" in TV and radio ads, but it doesn't like the conditions the judge would impose on...

Penninger joins St. Louis-based Husch & Eppenberger.
July 10, 2007... Byline: St. Louis Daily Record Staff Husch & Eppenberger has added James Robert "Bob" Penninger Jr. as counsel in the firm's tax and estate planning practice group. Penninger practices tax-oriented estate planning and estate and trust...

8th Circuit rules tax refunds in Missouri are fair game for creditors.
July 11, 2007... Byline: Donna Walter State and federal tax refunds can't be shielded from creditors in Missouri bankruptcy cases, the 8th Circuit U.S. Circuit Court of Appeals said Tuesday in a decision hailed by bankruptcy trustees. In separate cases,...

Commentary: Summer associates have options.
July 11, 2007... Byline: Will Connaghan The dog days of summer are in full swing and so are the summer associate programs at many law firms. But at most firms the summer associates are not treated like dogs until they become full-time associates after...

St. Louis Galleria worker receives $400,000 settlement.
July 12, 2007... Byline: James Goodwin A mentally retarded woman who reported being raped while she was working at Saint Louis Galleria is receiving more than $400,000 from a settlement reached last month with an affiliate of the shopping mall's previous...

Kevin Sweeney to chair Polsinelli life sciences group.
July 12, 2007... Byline: St. Louis Daily Record Staff Polsinelli Shalton Flanigan Suelthaus has added Kevin Sweeney as chair of its multidisciplinary life sciences law group. Sweeney, who has 25 years of experience as a securities and corporate...

Maltby, Walsh join Sonnenschein Nath & Rosenthal's St. Louis office.
July 12, 2007... Byline: St. Louis Daily Record Staff Sonnenschein Nath & Rosenthal has added Richard B. Maltby and Timothy J. Walsh to its St. Louis office as associate attorneys in its litigation group. Maltby received his JD in 2002 from Saint Louis...

Stewart receives Missouri Association of Trial Attorneys Oustanding Service Award.
July 12, 2007... Byline: St. Louis Daily Record Staff Thomas L. Stewart, the outgoing president of the Missouri Association of Trial Attorneys, has been honored with MATA's Outstanding Service Award for 2007. A 1986 graduate of Saint Louis University...

Mandel elected Missouri Association of Trial Attorneys vice president.
July 12, 2007... Byline: St. Louis Daily Record Staff Alan S. Mandel has begun serving a term as vice president of the Missouri Association of Trial Attorneys. Mandel a partner in the firm of Schlueter, Mandel & Mandel in St. Louis and is a member of the...

St. Louis jury awards couple $825,000 for delayed diagnosis.
July 12, 2007... Byline: Donna Walter A St. Louis jury last month ordered Saint Louis University and Dr. Paulo Bicalho to pay a South County couple $825,000 for injuries suffered after the husband's hip fracture went undiagnosed for three months. Phillip...

Tow truck driver will sue estate of deceased St. Louis Cardinals pitcher Josh Hancock.
July 13, 2007... Byline: James Goodwin The tow truck driver being sued by the father of deceased Cardinals pitcher Josh Hancock will proceed with his own legal cases - in two states, the truck driver's attorney said Thursday. Robert Pedroli, who represents...

Conspiracy not necessary for guilt in co-conspirator's offense, 8th Circuit says.
July 13, 2007... Byline: Donna Walter A criminal defendant does not have to be charged with a conspiracy offense to be found guilty of an offense committed by a co-conspirator, a divided panel of the 8th U.S. Circuit Court of Appeals said Thursday. This is...

St. Louis-area developers to pay for polluting waterways.
July 13, 2007... Byline: St. Louis Daily Record staff Several St. Louis-area developers responsible for polluting streams and lakes with runoff from three construction sites will adhere to a strict compliance program at future construction projects, clean...

Commentary: What to do with middle-school murder suspects?
July 13, 2007... Byline: Will Connaghan Twelve-year-olds are not supposed to commit heinous crimes. At that age, most boys are usually more concerned about music, sports and the latest video games. They are perched on the brink of their teenage years and...

Correction.(Correction notice)
July 13, 2007... A story in Thursday's paper about a settlement received by a former worker at Saint Louis Galleria should have said the settlement totaled $775,000. The former worker received about $400,000 after attorney's fees and expenses.

Gov. Blunt signs bill funding Missouri's Basic Civil Legal Services Fund.
July 16, 2007... Byline: Scott Lauck Gov. Matt Blunt has signed a bill ensuring five more years of funding for organizations that provide legal services for indigent litigants. Under the bill, the state's Basic Civil Legal Services Fund, which had been set...

Split 8th Circuit OKs 'bare bones' child porn affidavit.
July 16, 2007... Byline: Donna Walter An affidavit attached to an application to search a home computer for child pornography was sufficient even though the affidavit did not describe the images, the 8th U.S. Circuit Court of Appeals said in a 2-1 decision...

Indicted investor from O'Fallon bought hundreds of properties.
July 16, 2007... Byline: James Goodwin An O'Fallon, Mo., real estate investor was indicted last week on nine federal charges alleging that he bilked private lenders and investors out of "millions of dollars" between 2002 and 2005. Robert Douglas "Doug"...

Missouri-based 3M wins silicosis case in federal court.
July 16, 2007... Byline: Donna Walter A federal jury on Friday found for 3M Co. in a product-liability lawsuit filed by a man who said the company is responsible for his lung diseases. Dwight Parker worked for ISP Minerals in Annapolis, Mo., for close to...

Missouri Attorney General Nixon sues over Ameren rate hike.
July 17, 2007... Byline: Scott Lauck Calling a $43 million rate hike "unlawful, unjust and unreasonable," the Missouri Attorney General's Office has asked for a review of the increase Ameren UE won from the state earlier this year. In a petition for a writ...

Mound City Bar Assn.'s new president Rufus Tate is looking out for the everyman.
July 18, 2007... Byline: Donna Walter "Karen," running late one morning, was pulled over after making a so-called St. Louis stop. When asked for her proof of insurance, the young mother could produce only an expired insurance card even though her car was...

Error in Devlin case won't impede venue change, experts say.
July 18, 2007... Byline: Allison Retka Michael Devlin's defense attorneys are facing new scrutiny about their most recent efforts to secure a new judge and trial venue for their client. At a Monday hearing in Washington County, where Devlin faces several...

Commentary: Constitution shields questionable entertainment.
July 18, 2007... Byline: Will Connaghan, Associate Editor The Internet can be a strange and violent place filled with images and material that a majority of people find objectionable. Despite this dark side, the Internet is also a bastion of First Amendment...

How many hours did you work this week? Your answer might depend on your age.
July 18, 2007... Byline: Bridget Heos When Weylin Watson interviewed with law firms for a summer internship, he made something clear upfront: He wanted to spend time with his family, so long hours were not for him. "That was perhaps the most important...

Quarry neighbors must sue individually, Missouri court rules.
July 18, 2007... Byline: St. Louis Daily Record Staff Homeowners who live near the Fred Weber Inc. quarry in O'Fallon, Mo., do not qualify as a class in a lawsuit against the quarry because explosions there would impact each property differently, the...

Mandatory retirement catches up to Missouri Court of Appeals Eastern District Judge Gaertner.
July 19, 2007... Byline: Scott Lauck Judge Gary M. Gaertner Sr. gives a wry laugh at the irony of his situation. He chairs the state's Commission on Retirement, Removal and Discipline of judges, although he personally thinks 70 is too young an age at which...

St. Louis Board of Aldermen hire clerk/counsel.
July 19, 2007... Byline: Donna Walter The St. Louis Board of Aldermen's decision to hire attorney Denise Watson-Wesley Coleman as its clerk and legal counsel is groundbreaking three times over. Coleman, 61, will be the first African-American and the first...

Missouri Supreme Court resurrects campaign limits.
July 20, 2007... Byline: James Goodwin and Tom Herrmann Missouri's campaign contribution limits are being reinstated under a unanimous decision handed down Thursday by the state Supreme Court. According to the high court, lawmakers linked two important...

St. Louis police officers given qualified immunity in discrimination case.
July 20, 2007... Byline: Donna Walter St. Louis Police Chief Joe Mokwa and two of his supervising officers are entitled to qualified immunity in an employment discrimination lawsuit filed by three female police officers who were assigned to the night...

Commentary: 'Mr. Redevelopment' helped revive downtown St. Louis.
July 20, 2007... Byline: Will Connaghan There are many in the legal profession who go about their business without a lot of fanfare. Some of society's most important legal work is done by these individuals. We take for granted, much of what they do on a...

Ulrich retires from Missouri Court of Appeals.
July 20, 2007... Byline: Trish Mehaffey Missouri Court of Appeals Judge Robert Ulrich, a St. Louis native, steps down from the Western District bench at the end of the month after 18 years. He's changing venues to Lynchburg, Va., where he will be an...

St. Louis and Kansas City apartment workers file lawsuit over overtime wages.
July 23, 2007... Byline: Trish Mehaffey Several current and former service technicians and other maintenance staff are suing three apartment management companies for not paying overtime or giving compensatory time. Twenty-six current and former employees...

8th U.S. Circuit Court of Appeals reviews briefs on lethal injection.
July 23, 2007... Byline: Tom Herrmann In a move described as rare, the 8th U.S. Circuit Court of Appeals has given an indication that judges may be willing to hear arguments challenging the constitutionality of using lethal injection to execute condemned...

Letter to the editor: Ballpark deal questioned.(Letter to the editor)
July 23, 2007... Byline: David Depker Editor: The State has put together with the cash-strapped City of St. Louis a multi-million aid package for the Cardinal ownership to build Ballpark Village. There are no guarantees that it will be built or financially...

New leaders named for St. Louis defender offices.
July 23, 2007... Byline: James Goodwin The Missouri State Public Defender system has hired new district defenders to head the agency's two local offices. The state office announced the changes Friday and also said it would close on Aug. 1 its Youth...

Federal appeals court reinstates civil rights claim against Dillard's.
July 23, 2007... Byline: Donna Walter A federal appeals court has cleared the way for a group of black plaintiffs to pursue their civil rights claims against the Columbia, Mo., Dillard's department store. "We're elated," exclaimed the plaintiffs' attorney,...

Missouri Supreme Court lifts damage cap on Metro suit.
July 24, 2007... Byline: Allison Retka The four engineering companies defending a hefty fraud lawsuit levied against them by Metro lost a battle Friday to set a damages cap on any plaintiffs' verdict in the matter. The state Supreme Court denied a petition...

Kansas City-based law firm Lathrop & Gage selects first COO.
July 24, 2007... Byline: Trish Mehaffey Lathrop & Gage named Bill Migneron as its first chief operating officer, chief executive officer Joel Voran announced Monday. Migneron, former executive director of Gray Plant Mooty, based in Minneapolis, will...

Judge Wolff, Rep. Hulshof stump for independent judiciary in Missouri.
July 24, 2007... Byline: Scott Lauck Missouri Supreme Court Judge Michael Wolff, a two-time candidate for state attorney general, is no stranger to campaigning. But it's not something he would want to do as a judge. "If I had to raise more than $200 to run...

Missouri Supreme Court selection process raises Sunshine issues.
July 25, 2007... Byline: Scott Lauck The public body that will pick the three potential candidates for the Missouri Supreme Court will meet again today in Columbia - but good luck finding out where. The Supreme Court announced earlier this year that the...

St. Louis County resident sues Novartis for helping with sting.
July 25, 2007... Byline: Donna Walter A former Novartis salesman acquitted in federal court of violating the Medicare Anti-Kickback Statute is suing the Swiss maker of nutrition products for allegedly involving him in questionable activities while assuring...

Commentary: Firms need to get creative on commuting.
July 25, 2007... Byline: Will Connaghan Is your law firm prepared for the impending closure of Highway 40/I-64? Whether your office is in Clayton, downtown St. Louis or anywhere else along the highway's corridor, you will be adversely affected for the...

Estate of deceased civic booster Al Kerth III awarded $700,000 judgment for failed movie deal.
July 26, 2007... Byline: James Goodwin The estate of deceased civic booster Al Kerth III has been awarded a $699,360 default judgment against a Los Angeles man who once said he was planning a sequel to "Easy Rider." Kerth invested $125,000 in the project...

Slain man's children receive $100,000 settlement from St. Louis police.
July 26, 2007... Byline: Allison Retka The St. Louis Metropolitan Police Department will pay $100,000 to the family of a man shot by an officer in 1999, according to a "limited" settlement approved last month. The amount will be divided equally among the...

No decision yet on nominees for Missouri Supreme Court.
July 26, 2007... Byline: Staff report The Appellate Judicial Commission, which has been meeting in Columbia, had not announced the three candidates for the state Supreme Court as of 5 p.m. Wednesday. The seven-member group created under a constitutional...

Names of state Supreme Court nominees sent to the governor.
July 27, 2007... Byline: St. Louis Daily Record Staff One of three appellate judges -- Nannette A. Baker, Patricia A. Breckenridge or Ronald R. Holliger -- will become the state's newest Supreme Court justice. Laura Denvir Stith, chief justice of the...

Commentary: Best of the Blawgs debuts this Sunday.
July 27, 2007... Byline: Will Connaghan The Internet is filled with blogs that discuss everything from politics to Lindsay Lohan's latest escapade. The legal profession embraced the blog concept, almost from the start. A law blog is called a blawg for...

District Court judge to decide jurisdiction for Praxair Distribution case.
July 27, 2007... Byline: Donna Walter A wrongful death lawsuit arising out of the Praxair Distribution fire two years ago has made its way to court, although it's not certain whether the case will be tried in state or federal court. The family of Minnie...

Names of Missouri Supreme Court nominees sent to the governor.
July 27, 2007... Byline: St. Louis Daily Record Staff Report Laura Denvir Stith, chief justice of the Missouri Supreme Court and chair of the Appellate Judicial Commission, announced Wednesday evening that the commission has submitted to Gov. Matt Blunt its...

Hazleton immigration decision encourages Valley Park plaintiffs.
July 30, 2007... Byline: Allison Retka Attorneys for the Valley Park plaintiffs were rallied by a decision last week from a Pennsylvania federal court that voided an illegal immigration ordinance in Hazleton, Pa. That ordinance, called the Illegal...

Missouri judiciary commission denies Gov. Blunt's request.
July 30, 2007... Byline: James Goodwin The state commission that last week forwarded a list of three finalists for the open Supreme Court position to Gov. Matt Blunt turned down on Friday his request for records of interviews with the 30 applicants. Court...

Missouri Court of Appeals denies class-action status in Fred Weber blasting suit.
July 30, 2007... Byline: Kathleen T. Brady Blasting companies may have an easier time ducking class-action lawsuits if the latest decision by the state's appellate court sticks. On July 17, the Missouri Court of Appeals Eastern District reversed the St....

St. Louis County firm sues over theft-related loss.
July 30, 2007... Byline: Donna Walter A St. Louis County-based industrial engineering firm is in federal court fighting an insurance company's refusal to cover the firm's theft-related losses. When Turnell Corp. and Victor Turnell, the company president,...

International students visit Wash Univ. in St. Louis to grapple with U.S. legal system.
July 31, 2007... Byline: Allison Retka A lawsuit filed by a young Muslim woman whose Miami-area high school set a rule barring all headgear in school - including religious garb and head scarves - is ripe debate for a first-ever summer program for...

Family of deceased St. Louis Cardinals pitcher Josh Hancock drops wrongful death lawsuit.
July 31, 2007... Byline: Donna Walter The family of Cardinals relief pitcher Josh Hancock has dropped the wrongful death lawsuit filed against Mike Shannon's Steak and Seafood and several other defendants the family claimed contributed to Hancock's death...

Former St. Louis public defender pleads guilty in his marriage fraud case.
July 31, 2007... Byline: Donna Walter Former St. Louis public defender Eric S. Affholter pleaded guilty in federal court Monday to conspiracy to commit marriage fraud. U.S. District Judge Catherine D. Perry accepted Affholter's plea after questioning him...