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

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

Revocation notice invalid, not delivered 'upon the person'.
June 2, 2004... Byline: Emily Umbright A police officer must do more than slip a note in a women's purse when issuing a notice of license revocation, the Missouri Court of Appeals, Eastern District, ruled on Tuesday. "This case presents a unique set...

Crime lab had no duty to disclose exculpatory evidence.
June 2, 2004... Byline: Deborah Fauver Even though crime lab test results supported DNA testing that ultimately overturned Armand Villasana's convictions for kidnapping, rape and sodomy, the crime lab's failure to produce those results prior to trial does...

8th Circuit rules statements can be entered into evidence despite magistrate's error.
June 3, 2004... Byline: Erin Suess An officer of the law must be able to trust the word of an officer of the court, ruled the 8th U.S. Circuit Court of Appeals on Tuesday, dismissing a claim of a Fourth Amendment violation when a magistrate issued a...

8th US Circuit Court rules social workers protected by qualified immunity.
June 3, 2004... Byline: Emily Umbright Qualified immunity protects two social workers from constitutional right violation claims brought by a group of siblings who alleged that the employees had the duty to protect them from the harm of their...

Missouri Supreme Court sets gay marriage amendment on ballot.
June 4, 2004... Byline: Erin Suess In a highly anticipated and expedited hand-down, a divided Missouri Supreme Court issued its decision to set the constitutional amendment defining marriage before Missouri voters on the Aug. 3 ballot. The court took just...

Real estate professionals in St. Louis area believe civic responsibility overrides loyalty to seller.
June 4, 2004... Byline: Mike Nixon None would say that they have experienced it firsthand. But in an informal and unscientific survey of real estate professionals in the St. Louis area last week, all questioned agreed that when it comes to spotting...

Nat. Assn. of Realtors survey shows affordable housing could factor into election choices.
June 4, 2004... Byline: Mike Nixon What is the top political issue facing political campaigns between now and November? Foreign policy? National security? Domestic job opportunities? Health and insurance costs? Education? How about residential real...

Raintree Plantation owners and builders fight over property restrictions, fees.
June 4, 2004... Byline: Cathy Kingsley Owners and builders in the Raintree Plantation subdivision in Hillsboro would like to see the development completed. Several lots already have residences on them, but others remain vacant. The belief is that the...

St. Louis County Bar Association to hold annual picnic.
June 4, 2004... Byline: staff The St. Louis County Bar Association will hold its annual picnic on June 18 at the Corporate Pavilion in Shaw Park in Clayton. The picnic will run from 10:30 a.m. until 6 p.m., and lunch will be served from 11 a.m. until...

State must allow KKK to participate in highway program.
June 5, 2004... Byline: Erin Suess The third time is not the charm for the Missouri Highway and Transportation Commission's attempt to bar the Ku Klux Klan from its Adopt-A-Highway program, which the 8th U.S. Circuit Court of Appeals struck down on...

Worker injured outside of work vehicle will collect $1 million insurance claim.
June 5, 2004... Byline: Donna Walter A man struck by a hit-and-run driver while retrieving tools from a company-owned service truck will be able to collect $1 million from the uninsured motorist provision of the policy that insured the truck. On...

25th annual Bench & Bar Conference held in Ozarks.
June 8, 2004... Byline: Emily Umbright The annual Bench and Bar Conference held at the Lake of the Ozarks celebrated its 25th anniversary Thursday, June 3 through Saturday, June 5, and while it may have been a silver anniversary, the gathering hit gold....

Court remands discrimination, equal-pay lawsuit.
June 8, 2004... Byline: Erin Suess A district court's failure to address the status of a dead woman's claim means her discrimination case goes back to trial, ruled the 8th U.S. Circuit Court of Appeals on Friday; the appellate court also remanded another...

Ex-employee not entitled to unemployment benefits.
June 9, 2004... Byline: Emily Umbright Perhaps if an employee would have given more information to his human resources administrator and submitted to an investigation, he could have qualified for unemployment compensation benefits. But with little...

African man's fight for asylum may go forward.
June 9, 2004... Byline: Erin Suess An African man requesting asylum gets another chance to prove he may be tortured by his homeland government if deported, ruled the 8th U.S. Circuit Court of Appeals Monday, finding the immigration judge needed to address...

Enterprise, Metro team up to aid Legal Services.
June 10, 2004... Byline: Erin Suess With so many stories of major corporations hurting the American public for profit, it is refreshing to hear of local business leaders performing good deeds when the call for help arises. That was just the case last...

Racial slurs, graffiti not enough for hostile work claim.
June 10, 2004... Byline: Deborah Fauver Three drawings of burning crosses and a half-dozen racial slurs over an 18-month period were not enough to establish a hostile work environment, held a divided 8th Circuit panel on Monday, affirming summary judgment...

Offices, courts closed Friday in Reagan's honor.
June 10, 2004... Byline: staff In honor and remembrance of former President Ronald Regan, Gov. Bob Holden and Missouri Supreme Court Chief Justice Ronnie White have declared Friday, June 11, an official day of mourning. In his order, White declared all...

Alberici Group names new president for company's U.S. construction arm.
June 11, 2004... Byline: Erin Suess Alberici Group Inc. President and CEO Robert F. McCoole announced Friday the assignment of a new president for its construction services arm, Alberici Constructor Inc. Gregory J. Kozicz, who served as president for the...

Real estate values gain with economy.
June 11, 2004... Byline: Mike Nixon Home values increased 8.5 percent in the first quarter of 2004, keeping pace with a rebounding economy. According to the Freddie Mac Conventional Mortgage Home Price Index, which was released last week, the latest...

Veterans prepare for real estate battle.
June 11, 2004... Byline: Mike Nixon Last week the Arnold City Council gave preliminary approval to the proposed construction of a 37-acre retail development by THF Realty. If built, the shopping complex is to include a Lowe's home improvement center as its...

St. Louis Society of Industrial and Office REALTORS awards scholarships.
June 11, 2004... Byline: staff The St. Louis chapter of the Society of Industrial and Office REALTORS[R] and the SIOR Educational Foundation have awarded $5,500 in scholarships to two university students. Matthew M. Bauer, a student at Saint Louis...

Commentary: Reagan remembered while passing marks place in history.
June 11, 2004... Byline: Mike Nixon During an interview in 1981, newly inaugurated President Ronald Reagan said he wanted to go down in history as "the president who made Americans believe in themselves again." He did, and, following his death Saturday...

Mechanic hit by lawn mower sues High Ridge country club.
June 11, 2004... Byline: staff >A runaway grass-mowing machine resulted in a severe back injury of a man trying to help move the machine off a golf course. The incident happened at the Sugar Creek Country Club in High Ridge on May 24, 1999. The large...

Anthony Martin joins Blackwell Sanders as associate in the firm's St. Louis office.
June 12, 2004... Byline: staff Anthony Martin has joined Blackwell Sanders as an associate in the litigation department at the firm's St. Louis office. A specialist in intellectual property, he earned his law degree from the University of Missouri-Columbia...

Eileen Newton named principal of Cross Homes & Associates.
June 12, 2004... Byline: staff Eileen Newton has been named principal of Cross Homes & Associates, where she will continue her role as chief operations manager. She joined Cross in 1994 as an administrative assistant and now handles day-to-day...

Midwest BankCenter's Arnold branch announces staffing changes: June 11, 2004.
June 12, 2004... Byline: staff Midwest BankCenter's Arnold branch will be receiving two new managers, as Jan Fallert has been promoted to branch manager and Suzanne Scherre has been promoted to assistant branch manager. Fallert, who joined in 2002 after...

St. Louis court reporter wins Superior Academic Achievement Award.
June 12, 2004... Byline: staff St. Louis court reporter Brenda Schmelz was presented with the Superior Academic Achievement in Court and Conference Reporting award at St. Louis Community College-Meramec, where she graduated from last year after completing...

Vanliner Insurance Co. announces changes in its leadership.
June 12, 2004... Byline: staff Vanliner Insurance Co. is experiencing organizational changes in its leadership, with Gale Preston being named chief operating officer and executive vice president and Michael Kranisky being named president. Parent company...

MO Supreme Court rules Division of Child Support Enforcement lacked authority to order payments.
June 12, 2004... Byline: Emily Umbright Vindication arrived on the doorstep of a Phelps County mother of three Tuesday when the Missouri Supreme Court recognized that the Division of Child Support Enforcement overstepped its authority in ordering her to...

MO Court of Appeals orders trial court to recalculate value of estate, fees.
June 12, 2004... Byline: Erin Suess Errors in the calculation of a decedent's estate led to an attorney receiving compensation for 30 percent more than than what was agreed upon in his contract, found the Missouri Court of Appeals, Southern District,...

Gowin starts new construction management firm serving markets in Missouri and Illinois.
June 12, 2004... Byline: staff Eric Gowin has founded Contegra Construction Co., a design/build and construction management firm serving industrial, health care, retail and office markets in Missouri and Illinois. He is a 12-year veteran of the...

Law firm of Bryan Cave L.L.P. names Lisa Anne Houdyshell as counsel.
June 12, 2004... Byline: staff After joining the firm in 1998, Lisa Anne Houdyshell has been named counsel at the law firm of Bryan Cave L.L.P. A member of the firm's real estate development, construction & project finance and banking & business finance...

Ron Rolfes joins Clayco Construction Co. as a project manager.
June 12, 2004... Byline: staff Bringing more than 16 years of experience in the construction industry, Ron Rolfes has joined Clayco Construction Co. as a project manager. His experience ranges from work on corporate headquarters, hotels, manufacturing and...

Officer Troy Edmond named Employee of the Month by Missouri Dept. of Corrections.
June 12, 2004... Byline: staff Correctional Officer III Troy Edmond has been named Employee of the Month by Missouri's Department of Corrections. The St. Louis resident is assigned to the St. Louis Community Release Center and has been employed with the...

Bar allowed to collect from patron in wrongful death suit.
June 16, 2004... Byline: Emily Umbright A nightclub that settled a wrongful death suit will collect from a patron allegedly involved in the bar fight that ended another patron's life, the Missouri Court of Appeals, Eastern District, determined on Tuesday....

Police officer not protected by immunity in fatal car crash.
June 16, 2004... Byline: Donna Walter A police officer who killed a woman when he sped through a red light and collided with her vehicle is not protected by qualified immunity and is subject to suit from her heirs and next of kin, said a divided panel of...

Federal court reinstates man's death sentence.
June 17, 2004... Byline: Donna Walter The 8th U.S. Circuit Court of Appeals en banc reinstated the death sentence of a man convicted for the 1985 strangulation death of a St. Louis woman. "We believe that the 8th Circuit en banc made the correct...

MO Court of Appeals rules pavilion users not aggrieved by renovations.
June 17, 2004... Byline: Erin Suess Lindell Pavilion's caretakers may renovate the Forest Park attraction without aggrieving the public, even if the changes cause usage price hikes, ruled the Missouri Court of Appeals, Eastern District, on Tuesday. ...

Quality outweighs cost on home remodeling.
June 18, 2004... Byline: Mike Nixon Consumers rank quality of workmanship higher than cost when it comes to their expectations regarding home remodeling projects. Results of a survey released last week by the National Association of Remodeling Industry...

Historic real estate funding urged.
June 18, 2004... Byline: Mike Nixon Sen. Jim Talent, R-Mo., is promoting a measure to amend the National Historic Preservation Act and permanently fund the Advisory Council on Historic Preservation. First established in 1966 and currently federally...

Stepdaughter not eligible for Social Security benefits.
June 18, 2004... Byline: Deborah Fauver Even in death, society grants stepmothers limited respect. A panel of the 8th U.S. Circuit Court of Appeals ruled this week that Social Security Child Insurance Benefits were not owed to the stepdaughter of a woman...

Consumer protected from contract suit by Truth-in-Lending Act, common law.
June 19, 2004... Byline: Donna Walter A Missouri woman who refused to make payments on a credit card debt for items her husband ordered but never received is protected by the federal Truth-in-Lending Act, which provides a defense of nondelivery in lawsuits...

Martin enthusiastic about U.S. attorney's work in Missouri.
June 19, 2004... Byline: Emily Umbright The 20 years of hard work has paid off for U.S. Attorney James Martin, who was appointed to top spot at the U.S. Attorneys' Office for the Eastern District of Missouri at the end of May. "I think it does...

Stephen P. Niemira joins law firm of Sandberg, Phoenix & von Gontard.
June 19, 2004... Byline: staff Stephen P. Niemira has joined the law firm of Sandberg, Phoenix & von Gontard P.C. as a shareholder. He will practice in the firm's business litigation group, emphasizing in the areas of commercial litigation, insurance law...

Evans & Dixon L.L.C. announces the addition of two new associates.
June 19, 2004... Byline: staff Eric Selig joins Evans & Dixon L.L.C. as an associate in its civil litigation practice. With experience in complex homicide, white collar crime and criminal defense, he will represent insurers and self-insured entities in...

Clayco Construction promotes Tom Strickland to senior project manager.
June 19, 2004... Byline: staff Tom Strickland of Clayco Construction Co. has been promoted to senior project manager. After joining the company in 2001 as a project engineer, working on projects like the Merchandise Mart Apartments and the CityPlace III...

State Rep. Connie Johnson to receive Mound City Bar Assn.'s community service award.
June 19, 2004... Byline: staff State Rep. Connie "LaJoyce" Johnson, D-61, is set to receive the Mound City Bar Association's 2004 Community Service Award, which recognizes the accomplishments that mirror the goals and objectives of the association. Johnson...

Coldwell Banker Commercial's Jane Schieler named Property Manager of the Year.
June 19, 2004... Byline: staff Jane Schieler, vice president of Coldwell Banker Commercial C.R.A. L.L.C., has been named Property Manager of the Year by the commercial real estate company at its 2004 Global Commercial Conference in Las Vegas. The award was...

Fred Weber construction company announces promotions for June 19, 2004.
June 19, 2004... Byline: staff Fred Weber Inc., a heavy and highway construction company and materials supplier, recently promoted nine executives to new positions. Michael D. Harman was named president and chief operating officer for construction...

President of THF Realty receives World of Children Award for support of families and children.
June 19, 2004... Byline: staff Michael Staenberg, president of THF Realty, received the World of Children Award by the Progressive Youth Connection, recognizing Staenberg and THF Realty for its support of families and children. He supports the new Youth...

First Bank promotes R. Warren Graeff to Regional President, N. Illinois and Regional Missouri.
June 19, 2004... Byline: staff First Bank's R. Warren Graeff has been promoted to Regional President, Northern Illinois and Regional Missouri. The 25-year banking veteran will supervise 175 employees and hold post as chief commercial credit officer. He...

Morton I. Golder joins Thompson Coburn L.L.P.
June 19, 2004... Byline: staff Morton I. Golder has joined Thompson Coburn L.L.P. as of counsel in the firm's transportation and bankruptcy practices. Previously, he served as general counsel to UniGroup Inc., the parent company of United Van Lines and...

Rowles Co. receives Builder of Integrity Award for quality construction.
June 19, 2004... Byline: staff Rowles Co. has received the Builder of Integrity Award from the Quality Builders Warrant Corp. The award acknowledges the firm's service, integrity and quality construction. Founded by Greg Rolwes and based in Kirkwood, Mo.,...

Cole & Associates adds David D. Sancoucie to its land planning department.
June 19, 2004... Byline: staff Civil engineering, planning and surveying firm Cole & Associates has added David D. Sansoucie to its land planning department. The new project manager will design and manage projects, coordinating them with the engineering,...

Cathy T. White joins Schowaler & Jobouri P.C.'s accounting department.
June 19, 2004... Byline: staff Cathy T. White has joined Schowaler & Jabouri P.C.'s accounting services department. She is a certified QuickBooks Pro advisor at the full-service certified public accounting and consulting firm.

Federal appeals court lifts injunction over abortion law.
June 22, 2004... Byline: Emily Umbright The 8th U.S. Circuit Court of Appeals on Monday lifted an injunction preventing the state of South Dakota from imposing regulations on abortions performed during the first 12 to 24 weeks of pregnancy. In...

Grandchildren entitled to death benefits.
June 23, 2004... Byline: Donna Walter The grandchildren of a woman who was shot and killed during an armed robbery at the front desk of the Branson hotel where she had just started a part-time job are entitled to death benefits under Missouri's workers'...

St. Louis Univ. VP honored by college, university attorneys group.
June 23, 2004... Byline: staff Saint Louis University Vice President and General Counsel William R. Kauffman has received the Distinguished Service Award from the National Association of College and University Attorneys. Only the 22nd recipient of the...

Washington University wins battle over trust proceeds.
June 24, 2004... Byline: Donna Walter The descendants of a dentist who died in 1963 have no claim to a trust he set up for three life beneficiaries, and the $2.8 million that remains in the trust will be paid to the man's alma mater, Washington University,...

Prison must prove group preaching racial separation is credible threat of violence.
June 24, 2004... Byline: Erin Suess A correctional facility may deny communal worship privileges for a religious group preaching racial separation, but it must first show a credible threat of violence resulting from the group being allowed to meet, ruled a...

Lenders cautiously optimistic about declining foreclosures.
June 25, 2004... Byline: Mike Nixon Residential mortgage delinquencies and foreclosures fell during the first quarter according to a lending industry survey released last week by the Mortgage Bankers Association. In the opening months of 2004, the...

Local builders shrug off mixed messages.
June 25, 2004... Byline: Mike Nixon Home building continues to be a mixed bag of activity, with anticipation concerning summer business highly dependent on specific local markets. Even the National Association of Homebuilders appeared uncertain about the...

Alberici Inc. honored as 2004 General Contractor of the Year.
June 25, 2004... Byline: Erin Suess The St. Louis chapter of the American Subcontractors Association recently gave St. Louis-based Alberici Constructors Inc. the 2004 General Contractor of the Year Award. The ASA bestowed the award to Alberici in the...

MO Court of Appeals upholds firing of Arnold police officer.
June 25, 2004... Byline: Emily Umbright A police officer appealing his termination from the Arnold Police Department should have stuck to the point, the Missouri Court of Appeals, Western District, ruled on Tuesday, affirming previous appellate decisions...

Applications for concealed gun permits near 600 in Jefferson County.
June 25, 2004... Byline: Cathy Kingsley The Second Amendment is alive and well in Jefferson County. So far, nearly 600 applicants have applied for permits to carry concealed weapons. The Sheriff's Department started issuing permits late in March,...

American Bar Assn. commission calls for more alternatives to incarceration.
June 25, 2004... Byline: staff According to a report issued Wednesday by a special American Bar Association commission, America's criminal justice systems rely too heavily on incarceration and need to consider more effective alternatives. "For more...

Police officer receives new trial after high court finds witness not credible.
June 26, 2004... Byline: Erin Suess A police officer's fight for his career continues after a unanimous Missouri Supreme Court found the Kansas City Board of Police Commissioners erred in considering the testimony of a questionable witness who was under...

Benton confirmed as judge on 8th U.S. Circuit Court of Appeals.
June 26, 2004... Byline: Donna Walter The U.S. Senate on Thursday confirmed the nomination of Missouri Supreme Court Judge Duane Benton to the 8th U.S. Circuit Court of Appeals. "I give thanks to President Bush and the Senate for their faith and...

Consumer fraud claim must be arbitrated.
June 26, 2004... Byline: Emily Umbright Two consumers who charged a Des Moines, Iowa-based car dealership and their financers with fraud and violation of consumer protection statutes must participate in arbitration, the 8th U.S. Circuit Court of Appeals...

2004 Jay Healey Distinguished Health Law Teacher Award presented.
June 26, 2004... Byline: staff Jesse Goldner, J.D., a law professor at Saint Louis University's Health Law studies, received the 2004 Jay Healey Distinguished Health Law Teacher Award from the Health Law Teachers section of the American Society of Law,...

Rubin, Brown, Gorenstein & Co. adds two partners.
June 26, 2004... Byline: staff Rubin, Brown, Gornstein & Co. L.L.P. has promoted Certified Public Accountants Michael W. Lewis and Rodney E. Rice to partners. Joining the company in 1992, Lewis is a partner in the Assurance Services group, working with...

Polster, Lieder, Woodruff & Lucchesi adds partner to firm.
June 26, 2004... Byline: staff Carol J. Hamilton recently joined the law firm of Polster, Lieder, Woodruff & Lucchesi as a partner. Focusing on intellectual property law, she works with clients in U.S. and international trademark and copyright...

The American Law Institute elects secretary.
June 26, 2004... Byline: staff Susan F. Appleton, the Lemma Barkeloo and Phoebe Couzins Professor of Law at Washington University, has been elected secretary of The American Law Institute. The title of her professorship is named after two women who...

Security technology improved with regard to civil liberties.
June 29, 2004... Byline: Erin Suess Ronald S. Indeck, Ph.D., breaks the stereotype of a scientist cooped up in a lab, detached from the outside world. When he invents, he looks to other scientists in other fields, professionals in other disciplines,...

Supreme Court ruling helps define law on arrests.
June 29, 2004... Byline: Donna Walter A police officer properly arrested a man for driving while intoxicated even though the officer didn't physically restrain the driver, said the Missouri Supreme Court last week. The court's conclusion that the...

Mound City Bar Association holds annual dinner.
June 30, 2004... Byline: Donna Walter The Mound City Bar Association honored businessmen Mike and Steve Roberts, Missouri Court of Appeals Judge George W. Draper III and state Rep. Connie "LaJoyce" Johnson, D-61st District, for their roles in breaking...

Howard Shalowitz named to head St. Louis Bar Foundation.
June 30, 2004... Byline: staff The Bar Association of Metropolitan St. Louis' immediate past-president Howard Shalowitz has taken the reigns of the organization's charitable wing with the election to president of the St. Louis Bar Foundation earlier this...