Daily Record (St. Louis, MO/St. Louis Countian) articles from July 2008

Daily Record (St. Louis, MO/St. Louis Countian) archives from July 2008

Missouri governor signs Internet bullying legislation.
July 1, 2008... Byline: Kelly Wiese By the end of summer, those who write harassing messages to teenagers online may pause longer before hitting the send button. This time, authorities won't be left scratching their heads on how to prosecute such actions....

Missouri Court of Appeals Western District rules former Hallmark worker not bound by arbitration.
July 1, 2008... Byline: Scott Lauck A Missouri appeals court issued a ringing endorsement Monday of an employee's right to take her former employer to court. The Missouri Court of Appeals Western District said Mary Kay Morrow, a former employee at...

Mo. Court of Appeals rules St. Charles doctor may pursue lawsuit over employment agreement.
July 1, 2008... Byline: Donna Walter A St. Charles cardiologist will have his day in court. On Monday, the Missouri Court of Appeals Eastern District said Stephen Comens may pursue his breach of employment agreement claim against SSM St. Charles Medical...

A first for appellate leaders in Missouri.
July 1, 2008... Byline: Charles Emerick and Kelly Wiese For apparently the first time in state history, black judges will be in charge of both the Eastern and Western District Courts of Appeals, starting today. Judge Nannette Baker takes over today as...

Caremark settlement removed from Missouri Attorney General's Trust Fund.
July 2, 2008... Byline: Angela Riley After a six-week investigation into Attorney General Jay Nixon's office, Gov. Matt Blunt placed control of the entire Attorney General's Trust Fund with the Office of Administration on Monday. This move was made after...

Missouri Supreme Court makes exception for man with late court filing.
July 2, 2008... Byline: Kelly Wiese The Missouri Supreme Court has ruled that a man deserves an exception to a rule setting a deadline for seeking post-conviction relief. Vincent McFadden was convicted of first-degree assault, armed criminal action and...

Missouri anti-stem cell group sues to block life sciences funding.
July 2, 2008... Byline: Kelly Wiese A group opposed to embryonic stem cell research has sued state officials, seeking to prevent state money from being used to support such research. There's a hearing in the case set for this afternoon. The lawsuit by...

Missouri Supreme Court: Defendants granted new sentencing trials.
July 2, 2008... Byline: Donna Walter The Missouri Supreme Court, in a 4-3 decision, said prosecutors must prove a defendant knowingly sold drugs near public housing to get a conviction for the offense. With Monday's decision, the court said the law...

Split Missouri Court of Appeals Western District denies new trial, despite error.
July 2, 2008... Byline: Charles Emerick Two families will not get another trial against Ford Motor Co. for product liability, the Missouri Court of Appeals Western District ruled on Monday. In a closely divided 3-2 decision, the court majority determined...

Litigation from fireworks in Missouri starts with a bang.
July 3, 2008... Byline: Aaron Bailey Litigation from fireworks injuries is often the fallout from Independence Day. From deaths due to large explosions to injuries from small fireworks, a number of lawsuits can stem from the seemingly innocuous Fourth of...

Six-year delay not prejudicial, rules Missouri Court of Appeals Western District.
July 3, 2008... Byline: Scott Lauck Despite nearly a six-year delay between his arrest and conviction, a Morgan County man's right to a speedy trial was not violated, an appeals court ruled this week. The Missouri Court of Appeals Western District said...

Woman injured during jury duty sues Jackson County.
July 3, 2008... Byline: Charles Emerick Chances are most people would throw themselves down a flight of stairs to get out of jury duty. In Louella Wilkins' case, a fall down the stairs didn't stop her from fulfilling her civic duty, but it is the subject...

Lawyers increasingly call Webster Groves, MO home.
July 7, 2008... Byline: Heather Cole Plaintiffs' attorneys are moving into Webster Groves. Three years ago, there were no attorneys on East Lockwood Avenue, according to Brian McLain, broker and owner of RealtyNET McLain, Realtors. Now there are four...

Federally pre-empted cases could head to state courts.
July 7, 2008... Byline: Donna Walter A federal appeals decision last week pitted the ability of accident victims to find redress for injuries against the separation of power between Congress and the judiciary. The 8th U.S. Circuit Court of Appeals said an...

Some lawyers see potential for whitewash in case review.
July 7, 2008... Byline: Charles Emerick After U.S. Attorney John Wood called for an independent review of a closed criminal case last week, some lawyers were quick to express their doubts on whether a true investigation will happen. Criminal defense...

New rules take effect for those representing themselves in court.
July 8, 2008... Byline: Kelly Wiese People who decide to go it alone in court now have some formal guidance on what to expect. The Supreme Court has approved new rules, which took effect July 1, for those who choose to represent themselves rather than...

Fired doctor wins $4.95M from Jackson County jury.
July 8, 2008... Byline: Charles Emerick A doctor who once directed neonatal intensive care units for two Kansas City-area hospitals received a $4.95 million verdict last week for his allegations of wrongful interference and defamation. A Jackson County...

Missouri's AG race picks up steam with first two TV spots.
July 8, 2008... Byline: Aaron Bailey The Democratic nomination race for attorney general just hit the television airwaves. Both Chris Koster and Jeff Harris rolled out 30-second campaign commercials Monday in the St. Louis and Kansas City markets. While...

Former Ferguson-Florissant Middle School teacher's claim of duress fails to sway jury.
July 8, 2008... Byline: Angela Riley Despite her claim that she was forced to do it, accused sexual predator Cathy Heminghaus was convicted last week of statutory sodomy with two of her students. But a suggestion that some of her alleged victims might...

Bryan Cave law firm opens office in Paris.
July 9, 2008... Byline: Angela Riley Bryan Cave has partnered with French attorneys to open its first office in Paris. Kathie Claret and Joseph Smallhoover, formally of the New York-based Dechert law firm's Paris office, are the principal attorneys for...

Overland Park-based Ferrellgas in lawsuit to recover embezzled money from vendors.
July 9, 2008... Byline: Charles Emerick An Overland Park propane gas company continues to battle for millions of dollars it says was lost due to a scheme headed by one of its former employees. Ferrellgas, which recently won a $3.2 million judgment in...

Potential merger between two Kansas City-based law firms follows national trend.
July 9, 2008... Byline: Aaron Bailey With two large Kansas City-based law firms considering a merger, how would a new powerhouse affect the legal landscape? Officials at Polsinelli Shalton Flanigan Suelthaus and Shughart Thomson & Kilroy announced this...

EEOC names Seely as new regional attorney for St. Louis District.
July 10, 2008... Byline: Angela Riley The U.S. Equal Employment Opportunity Commission has selected a new regional attorney for the St. Louis District. Barbara Seely, a 29-year veteran attorney of the EEOC, will fill the position. Seely has served as a...

Mullen selected for circuit judgeship on St. Louis Circuit Court.
July 10, 2008... Byline: Donna Walter Gov. Matt Blunt named Michael K. Mullen as a circuit judge on the St. Louis Circuit Court. Mullen, 44, is an associate circuit judge on the St. Louis court. As a circuit judge, Mullen will handle more jury trials that...

8th U.S. Circuit Court of Appeals says Social Security claimants lack right to cross-examine doctors.
July 10, 2008... Byline: Donna Walter Social Security claimants do not have a constitutional right to subpoena or cross-examine the doctors consulted by administrative law judges in disability hearings, the 8th U.S. Circuit Court of Appeals said....

Allstate settles long-running bad faith suit in Missouri court.
July 10, 2008... Byline: Charles Emerick Both sides have agreed to settle a lengthy and contentious bad-faith insurance dispute that influenced similar cases across the country. Allstate Insurance Co. and Paul Aldridge, a former policyholder, reached a...

Discrimination claim against Kansas City-based union tossed by federal judge.
July 10, 2008... Byline: Aaron Bailey A federal judge rejected claims by five black men that they were discriminated against by their union. The five men sued Kansas City-based Local 2 Sheet Metal Workers' Union on claims that they were denied job...

Cole County judge considers dismissal of e-mail lawsuit over Missouri governor's e-mail policy.
July 11, 2008... Byline: St. Louis Daily Record Staff Report A Cole County judge was urged Thursday to dismiss a lawsuit over the state e-mail retention policy of Gov. Matt Blunt's office. Blunt's lawyer, John Holstein, a former state Supreme Court judge...

U.S. Bankruptcy Court seeks nominations for Missouri Bar's bankruptcy award.
July 11, 2008... Byline: St. Louis Daily Record Staff Report The U.S. Bankruptcy Court is looking for a few good lawyers -- to nominate for The Missouri Bar's annual bankruptcy award. The Michael R. Roser Excellence in Bankruptcy Award will be presented to...

Mound City Bar to present workshop on rules of order.
July 11, 2008... Byline: St. Louis Daily Record Staff Report The Mound City Bar Association will hold a workshop on Robert's Rules of Order and Parliamentary Procedure at the Missouri Legislative Black Caucus Foundation's Conference. The Conference is...

DEA imposter faces 23-count indictment: President of First Bank Mortgage charged in separate case.
July 11, 2008... Byline: Donna Walter U.S. Attorney Catherine Hanaway announced Thursday afternoon the indictment of a man who posed as a federal law enforcement officer in Gerald, Mo. Bill Anthony Jakob, 36, was charged in a 23-count indictment alleging...

False attorney practiced briefly in Western District of Missouri.
July 11, 2008... Byline: Aaron Bailey A California man who is under federal investigation for representing clients without a law license was briefly allowed to practice in the Western District. Howard O. Kieffer had filed a sentence reduction motion...

Family of deceased tow-truck driver settles for $4.87 million.
July 11, 2008... Byline: Angela Riley The family of a tow-truck driver who was killed by a tractor-trailer driver in a hit-and-run accident on Interstate 270 last year, recently reached a $4.87 million settlement with the truck driver and his employers....

Missouri's illegal immigrant law draws worries, applause.
July 14, 2008... Byline: Donna Walter While critics examine ways to challenge Missouri's new illegal immigration law, one of its drafters says the law is on solid legal ground. Kris Kobach, who teaches law at the University of Missouri-Kansas City and who...

City of Berkeley wins appeal over firing of Elbert Walton.
July 14, 2008... Byline: Angela Riley The Missouri Court of Appeals Eastern District has put an end to the seven-year court battle between the former city attorney of Berkeley and the city over a decision to fire him in 1999. On Tuesday, the Court of...

Suit targets former Kansas City Royal player.
July 14, 2008... Byline: Charles Emerick A lawsuit filed last week in Jackson County reveals allegations that a former Kansas City Royals player failed to pay a woman a settlement that covered up an alleged sexual assault. Emil Brown, an outfielder now...

Cole County judge dismisses e-mail lawsuit against Gov. Blunt.
July 14, 2008... Byline: Scott Lauck A lawsuit over the e-mail policy of Gov. Matt Blunt might be doomed after a Cole County judge on Friday dismissed the suit on procedural grounds. In a brief order issued a day after he heard arguments in the case, Judge...

Commentary: A now, now, now mentality cuts both ways.
July 14, 2008... Byline: Craig Napier Wow, this whole new-kid, wife-off-work, running-a-business stuff didn't get any easier with the celebration of our nation's independence. I guess I should've expected it. I would love to speak today about the latest...

Commentary: Protecting Missouri families, tax dollars from illegal immigration.
July 15, 2008... Byline: Gov. Matt Blunt People from all over the globe come to our great nation to share our freedoms, and Missourians embrace the contributions that lawful immigration makes to our society. Ours is a nation and a state of immigrants....

Not much room to sue over deal.
July 15, 2008... Byline: Donna Walter The announcement that Anheuser-Busch and InBev agreed to a friendly merger has dimmed the prospects for lawyers who filed shareholder lawsuits against the St. Louis-based beer maker. Anheuser-Busch and Belgium-based...

Alleged agent imposter enters not guilty plea in federal Eastern District of Missouri.
July 15, 2008... Byline: Angela Riley The man accused of impersonating a federal agent pleaded not guilty in federal court on Monday. Bill Anthony Jakob, 36, was arraigned before Magistrate Judge Audrey Fleissig in the federal Eastern District of...

8th Circuit says jury acquits, but gun still leads to longer meth sentence.
July 15, 2008... Byline: Kelly Wiese A federal appeals court has upheld the sentence enhancements of two people on drug charges, even though the increase was based on a weapon charge for which a jury acquitted them. The man and woman were convicted of...

Not much room to sue over Anheuser-Busch deal.
July 15, 2008... Byline: Donna Walter The announcement that Anheuser-Busch and InBev agreed to a friendly merger has dimmed the prospects for lawyers who filed shareholder lawsuits against the St. Louis-based beer maker. Anheuser-Busch and Belgium-based...

Is this the end of Schoemehl as we know it? Missouri Supreme Court rules work comp must pay up.
July 16, 2008... Byline: Donna Walter The teenage children of a woman who died while her workers' compensation claim was still pending will receive their mother's disability benefits for the rest of their lives. On Tuesday, the Missouri Supreme Court...

Commentary: Here's a worthy project: protect private property.
July 16, 2008... Byline: Raymond Keating People disagree about the role of government, and often quite passionately. Liberals usually favor activist government trying to solve problems, while conservatives point out that government causes many of those...

No disbarment for lawyer with bipolar disorder, rules Missouri Supreme Court.
July 16, 2008... Byline: Allison Retka In a disciplinary case involving Clayton attorney Mark Belz, the Missouri Supreme Court took great pains to detail the seriousness of Belz's offense: taking money from clients for personal use. But the court also...

College colors, name largely protected in T-shirt dispute in Kansas.
July 16, 2008... Byline: Charles Emerick Despite taking a $127,000 hit, Joe-College.com turned out much better than others that have been in its position. The Lawrence, Kan., shop, whose parody T-shirt business came under fire from the University of Kansas...

Missouri executions ruled constitutional.
July 17, 2008... Byline: Aaron Bailey A federal judge has tossed a lawsuit challenging Missouri's lethal injection method, ruling the state's protocol for executions is constitutional. The ruling is a setback for the death row inmates who filed the suit...

First judgment isn't always the final one, MIssouri Supreme Court decides.
July 17, 2008... Byline: Charles Emerick A trial court judgment is not final until all pending issues are resolved, the Missouri Supreme Court has ruled. In an opinion handed down on Tuesday, the court transferred a Jackson County case to the Missouri...

St. Louis-based Metro Law Firm head owes for unpaid taxes.
July 17, 2008... Byline: Donna Walter A federal judge has ordered St. Louis lawyer Elbert A. Walton Jr. to pay the government $40,000 for unpaid income taxes. Walton, owner of Metro Law Firm, and his wife, Rep. Juanita Head Walton, owe federal income...

Regulators launch St. Louis-based Wachovia Securities inquiry.
July 18, 2008... Byline: Donna Walter Officials from Secretary of State Robin Carnahan's office conducted a special inspection at Wachovia Securities headquarters in downtown St. Louis Thursday morning in connection with the $330 billion auction-rate...

Federal judge orders DSS to register clients to vote.
July 18, 2008... Byline: Aaron Bailey A federal judge granted a preliminary injunction this week requiring the Department of Social Services to register its clients to vote. The injunction requires DSS offices across the state to comply with the National...

St. Louis County Municipal Court adopts new case management system.
July 18, 2008... Byline: Angela Riley The new St. Louis County Municipal Court case management system will allow attorneys to have greater access to case information and be able to e-file documents online. The county reached an agreement with Tyler...

Lawyers to fight loss of millions in fees from 8th Circuit's ruling in billboard case.
July 21, 2008... Byline: Aaron Bailey After an appeals court reversed about $1.8 million in attorney fees and expenses stemming from a racketeering lawsuit, the attorneys are eyeing relief from the U.S. Supreme Court. In 2005, a federal jury awarded about...

Jackson County abandonment of body case back in trial court.
July 21, 2008... Byline: Charles Emerick Some of the players from one of last year's most bizarre civil trials are back in court to sort out allegations relating to an underlying criminal case. Matt Davis, whom a jury ordered to pay $500,000 for the...

Missouri Supreme Court: Nondriving aunt held liable for her own injuries.
July 21, 2008... Byline: Donna Walter The owner of a car is partially liable for an accident that occurred when her nephew rear-ended a fire truck on Highway Y in Lincoln County, the Missouri Supreme Court said last week in a 4-3 decision. The court said...

Longtime St. Louis lawyer William Losse Weiss: Colonel, historian, teacher, volunteer and advocate.
July 22, 2008... Byline: Donna Walter Longtime St. Louis lawyer William Losse Weiss died July 16. An award bearing his name is given annually to honor long and dedicated service to the organized bar. Weiss, who graduated from Saint Louis University School...

Missouri Supreme Court plans execution date for Middleton.
July 23, 2008... Byline: St. Louis Daily Record Staff Report The Supreme Court has again planned an execution date for John Middleton. If it proceeds, Middleton would be the first inmate in Missouri to be executed since October 2005. The court granted the...

Committee giving decried, but used by Missouri's candidates for attorney general.
July 23, 2008... Byline: Scott Lauck Although all of the state's candidates for attorney general say they dislike the current system of campaign finance, all also have used it to their advantage. In campaign reports issued last week, Democratic candidates...

Special attorneys appointed in Missouri governor's e-mail lawsuit.
July 23, 2008... Byline: St. Louis Daily Record Staff Report A judge has appointed two attorneys to step in to the lawsuit over Gov. Matt Blunt's handling of e-mail. Cole County Circuit Judge Richard Callahan ruled Tuesday on a request from the attorney...

Eastern District of Missouri Court of Appeals sides with Dirt Cheap retailer.
July 23, 2008... Byline: Kelly Wiese A discount cigarette retailer claimed victory with a ruling by the Eastern District Court of Appeals that state revenue officials overstepped their authority in seizing cigarettes. Dirt Cheap Cigarettes and Beer had...

Missouri Court of Appeals rules Eureka, Six Flags not liable for fatal crash.
July 23, 2008... Byline: Donna Walter Neither Six Flags nor the city of Eureka can be held liable for an accident that killed five family members eight years ago. The Vonder Haars, visiting from Breese, Ill., were on their way to Six Flags on the morning...

Defense attacks theories in MySpace case.
July 24, 2008... Byline: Sarah Wienke The attorney for Lori Drew, the woman accused of harassing a teen by creating a fake online identity on MySpace, is objecting to the prosecution's argument that his client violated the Computer Fraud and Abuse Act....

Archdiocese of St. Louis takes St. Stanislaus to court over bylaw changes.
July 24, 2008... Byline: Donna Walter The Archdiocese of St. Louis sued St. Stanislaus Kostka Church on Wednesday in an attempt to bring it back under the authority of the archdiocese. In a Q&A posted on the archdiocese Web site, the church governing body...

St. Louis County election board chairman accused of conflict of interest.
July 24, 2008... Byline: Angela Riley A local activist has filed a complaint with the chief disciplinary counsel for the Missouri Supreme Court alleging that the chairman of the St. Louis County Board of Election Commissioners has a conflict of interest...

Jackson County Circuit Court: Contempt fines vanish with smiles, handshakes.
July 24, 2008... Byline: Charles Emerick For what will likely be the last time, the parties in a litigious and lengthy bad faith claim against Allstate Insurance met in a courtroom on Wednesday. It remained undisclosed what Allstate will pay to put behind...

Subpoenas should have been sought in murder trial, rules 8th Circuit.
July 25, 2008... Byline: Donna Walter After spending 12 years in the state penitentiary, a convicted killer will get a federal hearing about whether his verdict could have been different if his public defender had subpoenaed three out-of-state witnesses....

Missouri Court of Appeals Western District: License lost for pushing motorcyle under the influence.
July 25, 2008... Byline: Charles Emerick Drinking and pushing your motorcycle -- while the engine is running -- don't mix. A ruling from the Missouri Court of Appeals Western District on Tuesday held that an Independence man should lose his license for...

Death penalty fight resumes in Missouri.
July 25, 2008... Byline: Bryan Utter Seventeen inmates facing death sentences filed suit in Cole County Circuit Court against the Missouri Department of Corrections on Thursday, claiming that the agency violated state law when it implemented Missouri's...

Saint Louis University law clinic sues over care facility closure.
July 25, 2008... Byline: Allison Retka Dennis Nobbe was pleased when he found a well-funded care facility for his sister, a 70-year-old with schizophrenia who has trouble walking. But a week after the woman moved into Shelter Care Home in Edwardsville,...

Class action suit over SSN data of Missouri drivers in federal court.
July 25, 2008... Byline: Charles Emerick A class action lawsuit against the Missouri Department of Revenue and two Texas-based public record providers claims they unlawfully disseminated the personal information of Missouri drivers. The petition, filed...

Judge Stephen N. Limbaugh Sr. of U.S. District Court in St. Louis hopes to complete barge cases.
July 28, 2008... Byline: Donna Walter Judge Stephen N. Limbaugh Sr.'s last week on the federal bench will be a busy one. Limbaugh, a senior judge in the U.S. District Court in St. Louis, will leave the court Thursday to make room for his son, Stephen N....

St. Louis Circuit Judge Evelyn Baker orders new trial in once-forgotten case.
July 28, 2008... Byline: Kelly Wiese A judge has ordered a new trial on a case that went to court in 1997 and 2002 and then fell off the charts without resolution until this spring. The case file resurfaced as St. Louis Circuit Judge Evelyn Baker was...

Democratic AG candidates call for more Defender funding in Missouri.
July 28, 2008... Byline: Scott Lauck Democratic attorney general candidates Jeff Harris and Margaret Donnelly on Friday called for more funding for the state's Public Defender's Office. Speaking on Up to Date, a radio program on KCUR in Kansas City, Harris...

Commentary: I guess the client is still always right.
July 28, 2008... Byline: Craig Napier I have been revisiting a phenomenon that I have touched on a few times in this column, but I don't know that I'll ever truly solve. Not that every problem needs to be solved, sometimes it just needs to be aired -- at...

Missouri Supreme Court sets date for Skillicorn execution.
July 28, 2008... Byline: St. Louis Daily Record Staff Report The Supreme Court has set an execution date for another death row inmate. This time, the court set the execution of Dennis Skillicorn to be carried out on Aug. 27. He was convicted in March 1996...

Missouri goes after mortgage fraud.
July 29, 2008... Byline: Charles Emerick A series of lawsuits filed in courts throughout Missouri on Monday target companies for allegedly defrauding homeowners with refinancing and foreclosure scams. The suits are part of what Missouri Attorney General...

Commentary: Supreme Court Judge selection begins anew.
July 29, 2008... Byline: Kelly Wiese As Supreme Court Judge Stephen Limbaugh Jr. moves up to federal court, the process of choosing a judge for the state's highest court begins anew. Applications for the Supreme Court vacancy are due by 5 p.m. Wednesday....

U.S. District Judge Limbaugh: Casino, barge owners to share too-small fund for damages.
July 29, 2008... Byline: Donna Walter The President Casino and the owners of four barges damaged when they hit the Admiral 10 years ago are all entitled to be paid from a $2.2 million fund created to cover property-damage claims. On Friday, Senior U.S....

Judges need not explain Batson rulings, rules 8th Circuit.
July 30, 2008... Byline: Donna Walter A state court trial judge had no obligation to explain why he allowed a prosecutor to strike the only black juror on a jury panel, the 8th U.S. Circuit Court of Appeals said Tuesday in a divided opinion. The decision...

Missouri Court of Appeals Western District OKs $16.3M verdict, despite questions.
July 30, 2008... Byline: Charles Emerick While a panel of appellate judges unanimously affirmed a $16.3 million bad faith verdict, it came with some uncertainty regarding the procedure employed in the case. The Missouri Court of Appeals Western District on...

Juveniles must have own representation in legal proceedings, rules Missouri Supreme Court.
July 30, 2008... Byline: Angela Riley The Missouri Supreme Court has reversed a trial court's decision after determining the juvenile had no representation on charges that he sent a message threatening to carry out a school shooting. While his parents had...

Koster leads in contributions, committee donations for Missouri attorney general race.
July 30, 2008... Byline: Kelly Wiese With the primary election less than a week away, the latest campaign finance reports show Chris Koster brought in the most money in the final period, buoyed by large donations from political committees. According to...

Missouri responsible for updated voter rolls, 8th Circuit says.
July 30, 2008... Byline: Kelly Wiese Reversing a lower court, a federal appeals court has ruled that Missouri has some responsibility to ensure voter rolls are up to date, even if it delegates some work to local election authorities. An 8th U.S. Circuit...