Daily Record (St. Louis, MO/St. Louis Countian) articles from October 2003

Daily Record (St. Louis, MO/St. Louis Countian) archives from October 2003

Commentary: Microsoft server 2003 - to upgrade or not?
October 1, 2003... Byline: Curtis Simms Many companies, IT Managers and computer gurus of all kinds will be faced with this question sooner or later, Why Should I Upgrade or buy Microsoft's new "Microsoft Server 2003"?Simple. You can do more with less! You...

Commentary: Information security: It's not just for the big boys anymore.
October 1, 2003... Byline: Chris Oliver When was the last time you heard the CEO, owner or officer of a company say: "Let's put our file cabinets out on Highway 40 and let anyone who wants to look have full access to all of our corporate...

Study finds fewer people getting wills.
October 1, 2003... Byline: Emily Umbright In a 3 percent drop from a year ago, a national study conducted by Ipsos Public Affairs for FindLaw, suggests that 41 percent of adults currently have wills.The same study, taken from 1,000 adults nationwide, found...

Bush nominates U.S. Atty. for vacancy on 8th Circuit.
October 1, 2003... Byline: Emily Umbright Raymond Gruender, U.S. Attorney for the Eastern District of Missouri, could find himself seated on the bench of the 8th U.S. Circuit Court of Appeals pending the Senate's approval of President Bush's judicial...

Bar exam passage rates vary for MO's law schools.
October 1, 2003... Byline: Emily Umbright Washington University School of Law in St. Louis, the school with the state's highest pass rates on July's Missouri Bar exam, has taken steps to ensure that its students succeed.Of the 88 students from Washington...

Ambiguous covenant restriction opens neighborhood dispute.
October 2, 2003... Byline: Emily Umbright A Greene County man forced to move his home due to an erroneous restrictive covenant interpretation made by the Greene County Circuit Court may keep the house right where it is, the Missouri Court of Appeals,...

22nd Judicial Circuit Commission accepting applications for circuit judge.
October 2, 2003... Byline: staff The 22nd Judicial Circuit Commission (St. Louis City) announced Wednesday it is now accepting applications for the position of circuit judge. The vacancy is created by the appointment of Judge Patricia Cohen to the Missouri...

Missouri Bar Board of Governors tackles several issues.
October 2, 2003... Byline: Donna Walter Pro se litigation, an alternative to billable hours and a proposal to adopt a policy to deal with board members' conflicts of interest were debated by The Missouri Bar Board of Governors on Wednesday afternoon. In...

National appraiser survey reveals high pressure from lenders influences property valuation levels.
October 3, 2003... Byline: Mike Nixon St. Charles County assessor Scott Shipman is a member of the Missouri Appraisers Advisory Council. As an expert in dealing with property values, Shipman admitted late last week that he is not surprised by the results of...

Missouri Bar Board of Governors tackles several issues; Copeland elected new vice president.
October 3, 2003... Byline: Donna Walter Pro se litigation, an alternative to billable hours and a proposal to adopt a policy to deal with board members' conflicts of interest were debated by The Missouri Bar Board of Governors on Wednesday afternoon.In...

Arnold nursing home sued over employee's assault of resident.
October 3, 2003... Byline: Cathy Kingsley Nursing homes have come under greater scrutiny in the past few years and the number of abuse and neglect incidents is on the rise.In an incident at Woodland Manor Nursing Center in Arnold on May 17, 2003, an...

Renovated A.D. Brown Bldg. in downtown St. Louis to hour City Photo headquarters.
October 3, 2003... Byline: Erin Piel Downtown has a new neighbor. City Photo moved its corporate headquarters into the newly renovated A.D. Brown Building, located on the corner of Washington Avenue and Tucker Boulevard, and celebrated the move with a...

Architectural firm, Rosemann & Associates P.C., among elite multihousing designers.
October 3, 2003... Byline: Erin Piel Winning awards is nothing new for the architectural firm Rosemann & Associates P.C. In fact, this month alone, the firm was named to Multi-Housing News' "The 21 Club," its list of the country's top 21 architectural firms...

Richard H. Ralston joins the law firm of Armstrong Teasdale L.L.P.
October 4, 2003... Byline: staff Richard H. Ralston has joined the law firm of Armstrong Teasdale L.L.P. He will focus his practice in the area of alternative dispute resolution. Ralston has mediated more than 4,000 cases in his career encompassing a board...

Kerry Cheung promoted to senior associate in St. Louis office of Hellmuth, Obata & Kassabaum Inc.
October 4, 2003... Byline: staff Kerry Cheung has been promoted to senior associate in the St. Louis office of Hellmuth, Obata + Kassabaum Inc. Cheung is a member of HOK's healthcare group and recently worked on the Methodist Sugar Land Hospital in Sugar...

James T. O'Hallaron elected president of the board of St. Louis Society of Association Executives.
October 4, 2003... Byline: staff James T. O'Hallaron has been elected president of the board of the St. Louis Society of Association Executives. The organization consists of 155 members who serve in staff positions for trade associations and nonprofit...

Melissa B. Lloyd joins the law firm Husch & Eppenberger L.L.C. as an associate.
October 4, 2003... Byline: staff Melissa B. Lloyd has joined the law firm Husch & Eppenberger L.L.C. as an associate in its General Business Litigation Practice Group. She will concentrate her practice in the areas of products liability, labor and...

James F. McCartney announces the formation of The McCartney Law Firm L.L.C.
October 4, 2003... Byline: staff James F. McCartney announces the formation of The McCartney Law Firm L.L.C. and the opening of his offices in South County at 10024 Office Centre Ave., Suite 203, and in North County at 1281 Graham Road. His practice will...

Hoyne appointed chair-elect of the Biotechnology Committee of the American Bar Assn.
October 4, 2003... Byline: staff Andrew T. Hoyne has been appointed chair-elect of the Biotechnology Committee of the American Bar Association's Science and Technology Law Section. He will also serve as editor-in-chief of The Biotech Briefing, the...

Chad Horner, Amy Locklear and Jennifer Byrne join the law firm of Gallop, Johnson & Neuman L.C.
October 4, 2003... Byline: staff Chad Horner, Amy Locklear and Jennifer Byrne have joined the law firm of Gallop, Johnson & Neuman L.C. as associates. Horner concentrates his practice in the areas of labor and employment law, with an emphasis on employment...

F. Christopher McLaughlin appointed director of sales, marketing and products at First Bank Inc.
October 4, 2003... Byline: staff F. Christopher McLaughlin has been appointed director of sales, marketing and products at First Bank Inc. In his new position, McLaughlin will manage the bank's overall sales strategies throughout its markets in Missouri,...

James M. Jenkins named vice president and treasurer of Missouri American Water.
October 4, 2003... Byline: staff James M. Jenkins has been named vice president and treasurer of Missouri American Water. In his new position, he will oversee the finance, treasury, rate administration and business development for the company. Jenkins...

Bradley R. Gilmore joins the accounting firm of Bergman, Schraier & Co. P.C.
October 4, 2003... Byline: staff Bradley R. Gilmore has joined the accounting firm of Bergman, Schraier & Co. P.C. as a principal. He is a certified public accountant with more than 12 years of experience in the field. Gilmore's background includes...

Missouri Judicial Conference session examines judiciary's financial crisis.
October 4, 2003... Byline: Donna Walter The state's budget crisis weighed heavy on the minds of a standing-room-only crowd of lawyers and judges attending a two-hour program about how the crisis affects the judiciary's budget.The session, titled "The...

Missouri Chief Justice White addresses state's bar members and judges.
October 4, 2003... Byline: staff Editor's note: The following address was delivered by Missouri Supreme Court Chief Justice Ronnie White on Thursday at the Opening Luncheon of the Missouri Bar annual meeting/judicial conference.President Doerhoff, esteemed...

St. Louis-based Guarantee Electrical acquires Kimsey Electrical Contracting.
October 4, 2003... Byline: staff St. Louis-based Guarantee Electrical Co. has acquired Kimsey Electrical Contracting, forming Kimsey-Guarantee Electrical Contracting. Rick J. Oertli is president and chief executive officer of Guarantee, and Roger S. Oertli...

Court blocks class-action suit against biotech giant.
October 7, 2003... Byline: Emily Umbright A class-action suit brought by a group of farmers against biotech giant Monsanto failed in the U.S. District Court for the Eastern District of Missouri last Tuesday, illustrating the difficulty in finding consistency...

Missouri Bar meeting draws crowd in Columbia.
October 7, 2003... Byline: Donna Walter Throughout last week's annual meeting of The Missouri Bar, lawyers and judges heard the mantra that the state needs more lawyers in the legislature. The meeting, held for the first time in Columbia, drew an estimated...

St. Louis County filing office moves downstairs.
October 8, 2003... Byline: staff Filing cases in the St. Louis County courthouse has just become easier.The office is moving, so attorneys, runners and paralegals will no longer have to trek up to the fifth floor to do their case filing.The move is scheduled...

ABA president-elect to promote improvements to the jury system.
October 8, 2003... Byline: Donna Walter Robert J. Grey Jr., president-elect of the American Bar Association, wants to create a national dialogue about jury service.Grey, who participated in a panel discussion on affirmative action in education during last...

Workers' Compensation Distinguished Lawyer Award presented.
October 8, 2003... Byline: Emily Umbright Robert H. Sihnhold received the first Workers' Compensation Distinguished Lawyer Award, presented on Friday by the Bar Association of Metropolitan St. Louis and Kids Chance Inc. of Missouri."He has exemplified in all...

ABA president-elect to promote effort for improving the jury system.
October 8, 2003... Byline: Emily Umbright Robert J. Grey Jr., president-elect of the American Bar Association, wants to create a national dialogue about jury service. Grey, who participated in a panel discussion on affirmative action in education during...

Court upholds $13.7 million verdict for hurt boxer.
October 9, 2003... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, on Tuesday upheld a boxer's negligence claim against a hotel chain that failed to provide timely medical attention for his injury, which resulted in brain damage and a...

Qualified immunity denied school district in firing.
October 9, 2003... Byline: Emily Umbright A school district equity director who was fired after giving subpoenaed testimony in a school desegregation case may proceed with her First Amendment claim against the school district, held a panel of the 8th U.S....

State-of-the-art middle school opens in Edwardsville.
October 10, 2003... Byline: Erin Piel While the start of school in the fall doesn't necessarily warm the cockles of most children's hearts, middle school students in Edwardsville, Ill., were more excited to start school this year, in part because they had a...

Political impact on construction explained in forum.
October 10, 2003... Byline: Mike Nixon It is common to hear or read about multimillion-dollar federal grants being awarded to states and communities for various construction projects. But complete knowledge of what happens after special news conferences...

Shops at St. Louis Mills offer something for everyone.
October 10, 2003... Byline: Erin Piel It's not every day that one is allowed to wander through an active construction site, navigating around machinery, equipment and supplies, talking over the noise of pounding hammers and the shrill of drills and breathing...

Printers Lofts to house 82 condominiums downtown.
October 10, 2003... Byline: Erin Piel Just in time for the annual downtown housing tour, one of downtown's newest loft developments opened its doors for interested parties to take a peek. Last Thursday, local politicians and community leaders gathered at the...

Oversight vs. overhauling in proposals for mortgage market.
October 10, 2003... Byline: Mike Nixon Recent concerns regarding the accounting practices of both Freddie Mac and Fannie Mae have prompted a proposed solution to financial irregularities by shifting oversight operations from the Department of Housing and...

Man injured delivering PVC pipe sues contractor, employee for negligence.
October 10, 2003... Byline: Cathy Kingsley What should have been a routine delivery to a construction site turned into a tragedy for David W. Kennon.Kennon was delivering PVC pipe to a job site near Highway Z in Mapaville, Jefferson County, on Nov. 11, 1999,...

Legal Services of Eastern Missouri to honor supporters, volunteers.
October 10, 2003... Byline: staff Legal Services of Eastern Missouri will honor individuals and organizations that support equal access to justice at its awards luncheon next Friday at the Marriott Pavilion Hotel in downtown St. Louis. LSEM provides civil...

Estate may sue Nebraska for removing child from the care of HIV-positive foster mother.
October 10, 2003... Byline: Deborah Fauver The state of Nebraska may be sued by the estate of a now-deceased foster mother who claims damages for the state's removal of a foster child after discovering that the foster mother was HIV-positive, a divided panel...

Innocent spouse may defeat RICO forfeiture.
October 11, 2003... Byline: Deborah Fauver Divorce law will govern the case of a married couple trying to untangle their respective interests in the marital home after the husband's interests were forfeited in RICO proceedings, held a unanimous panel of the...

Dan McGrath appointed director of public relations at Adamson Advertising.
October 11, 2003... Byline: staff Dan McGrath has been appointed director of public relations at Adamson Advertising. In his new position, he will manage the public relations division's business development activity, supervise operations and provide client...

Kathleen Scheller joins St. Louis-based Drone & Mueller and Associates.
October 11, 2003... Byline: staff Kathleen Scheller has joined Drone & Mueller and Associates as an accounting/administrative assistant. In her new position, Scheller will concentrate on billing activities and accounts receivable/payable for St. Louis'...

Attorneys in St. Louis County to elect member of 21st Judicial Commission.
October 11, 2003... Byline: Emily Umbright It's time for St. Louis County attorneys to vote on a candidate to fill a vacancy on the 21st Circuit Judicial Commission.Sending out ballots to 7,500 lawyers residing in the St. Louis County, the clerk's office has...

Matthew J. McLain promoted to head of policy and compliance at American Equity Mortgage.
October 11, 2003... Byline: staff Matthew J. McLain has been promoted to head of policy and compliance at American Equity Mortgage. In his newly created position, McLain will develop and implement compliance programs, handle state and federal audits, monitor...

Felicia M. Malter, CPA, joins Rubin, Brown, Gornstein & Co. L.L.P.
October 11, 2003... Byline: staff Felicia M. Malter, CPA, has joined Rubin, Brown, Gornstein & Co. L.L.P. as a manager in the firm's Manufacturing and Distribution Services and Home Builders Services Group. In her new position, she will provide assurance and...

John Vogt promoted to associate in the St. Louis office of Hellmuth, Obata + Kassabaum Inc.
October 11, 2003... Byline: staff John Vogt was promoted to associate in the St. Louis office of Hellmuth, Obata + Kassabaum Inc. Vogt, a member of HOK's computer group, previously served as architectural software manager, where his responsibilities included...

United States Arbitration and Mediation Midwest announces new panel members.
October 11, 2003... Byline: staff United States Arbitration and Mediation Midwest Inc. announces that the following mediators have joined as panel members: Jack Carey, William Corrigan Sr., Ellsworth Cundiff, Donald L. James, Ralph Kalish, Thomas G. Lewin,...

Missouri Bar recognizes 42 St. Louis-area lawyers as senior counselors.
October 11, 2003... Byline: staff The Missouri Bar has recognized 42 St. Louis area lawyers as senior counselors, a title bestowed upon lawyers who have reached the age of 75 or who have been admitted to The Missouri Bar for 50 years. The following attorneys...

Chris Goeckner promoted to senior vice president and chief financial officer of Ascent Corp.
October 11, 2003... Byline: staff Chris Goeckner has been promoted to senior vice president and chief financial officer of Ascent Corp. In his new capacity, Goeckner will oversee the financial affairs of the 80-employee company, including oversight,...

Joshua Mistler and A. Christian Puzder join The Stolar Partnership L.L.P.
October 11, 2003... Byline: staff Joshua M. Mistler has joined The Stolar Partnership L.L.P. as an associate in the real estate practice area, and A. Christian Puzder has joined the firm as an associate in the litigation practice area. Prior to joining the...

Dan Chatfield joins Gabriel & McCartney P.C. Attorneys at Law.
October 11, 2003... Byline: staff Dan Chatfield has become associated with Gabriel & McCartney P.C. Attorneys at Law. Chatfield is a former chief administrative law judge for the Missouri Division of Workers' Compensation and a former chief counsel for the...

Grant Jury Assn. of St. Louis Good Citizenship Fund presents Award to Gloria D. Young.
October 11, 2003... Byline: staff The Grand Jury Association of St. Louis Good Citizenship Fund Inc. presented its Good Citizen of the Year Award to Gloria D. Young. Last February, Young, a mail carrier, witnessed two young men steal a car stereo and drive...

Innocent spouse may defeat RICO forfeiture, rules 8th Circuit Court of Appeals.
October 11, 2003... Byline: Deborah Fauver Divorce law will govern the case of a married couple trying to untangle their respective interests in the marital home after the husband's interests were forfeited in RICO proceedings, held a unanimous panel of the...

Attorneys in St. Louis County to vote on candidate for 21st Circuit Judicial Commission.
October 11, 2003... Byline: Emily Umbright It's time for St. Louis County attorneys to vote on a candidate to fill a vacancy on the 21st Circuit Judicial Commission. Sending out ballots to 7,500 lawyers residing in the St. Louis County, the clerk's office...

Eastern District goes live with electronic case filing Tuesday.
October 14, 2003... Byline: Emily Umbright Lawyers who haven't filed a case in the U.S. District Court, Eastern District, in about six months may be in for a shock when they find the court has gone live with mandatory electronic case filing.Nationwide, more...

Evidence not suppressed despite failure to give Miranda warning.
October 14, 2003... Byline: Deborah Fauver As long as a suspect's statements to police officers are voluntary, the officers' failure to give a Miranda warning does not mean that physical evidence recovered in reliance on the statement must be suppressed, held...

St. Louis Bar Foundation to honor housing advocates.
October 15, 2003... Byline: staff Two attorneys focused on providing affordable housing to the St. Louis community will be honored for their accomplishments at the Fellows of the St. Louis Bar Foundation recognition and awards dinner on Saturday, Nov. 8."It...

Court issues final decision in Popkin & Stern bankruptcy case.
October 15, 2003... Byline: Donna Walter An 8th Circuit panel issued on Friday what it hopes to be the final decision in litigation concerning the failure of one of the former Popkin & Stern partners to pay his contribution to the firm's liquidating trust as...

Circuit court had no authority to remand case to Administrative Hearing Commission.
October 16, 2003... Byline: Donna Walter Circuit courts do not have the authority to remand cases to the Administrative Hearing Commission, the Missouri Court of Appeals, Eastern District, said Tuesday. This is the second appellate decision handed down in...

Nationwide bankruptcy boom includes Missouri.
October 16, 2003... Byline: Emily Umbright With the stock market riding a roller coaster and consumers facing unexpected expenses without the backing of savings, it's no wonder bankruptcy is on the rise in Missouri. But does this increase truly put Missouri...

Drug court graduate shows mixed emotions at ceremony.
October 17, 2003... Byline: Cathy Kingsley Daniel Helfert, 32, is grateful to have been given the opportunity to participate in drug court. After 20 months in the program, during which time he was incarcerated six times, he finally graduated on Oct. 10."This...

Businesses at Missouri Research Park must pay taxes.
October 17, 2003... Byline: Emily Umbright It's time for Nike IHM Inc. and other private businesses located in St. Charles County's Missouri Research Park to pay up, the Missouri Court of Appeals, Eastern District, said, for leasehold assessments the...

Construction union investments help fuel economy.
October 17, 2003... Byline: Erin Piel A booming construction industry has helped to keep the lackluster economy afloat, and PRIDE of St. Louis, a construction labor-management group, is recognizing the investments that the union construction industry has made...

Commentary: Truth must overcome PR after homeland security pitch.
October 17, 2003... Byline: Mike Nixon The phrase "perception is reality" became popular in many business and political circles during the 1990s. The problem with this notion is that perception does not necessarily carry any validity when faced with the...

Strict program helps drug users overcome addiction.
October 17, 2003... Byline: Cathy Kingsley The message was clear to all the participants in the Division I courtroom last Friday: Drug court is a privilege. Not everyone is allowed into the program, and those who do not obey the rules might get kicked out.At...

Annual tour showcases best of downtown living.
October 17, 2003... Byline: Erin Piel Speaking to a crowd of real estate agents gathered in a Windows Off Washington dining room on the 10th floor of the City Museum Building, Jim Cloar, president of the Downtown St. Louis Partnership, welcomed those...

Retail leads commercial real estate development.
October 17, 2003... Byline: Mike Nixon Just in time for the holiday season, the highly anticipated 1.1 million square foot St. Louis Mills shopping and entertainment center is prepared to open Nov. 13. Plans are also being made for the addition of other new...

Changing work patterns influence office vacancies.
October 17, 2003... Byline: Mike Nixon Oversupply has begun to surpass office space occupancy in the commercial real estate business. According to a recent Colliers International survey, office vacancies were listed at 16.3 percent at the end of 2002....

Nationwide bankruptcy boom includes Missouri.
October 17, 2003... Byline: Emily Umbright With the stock market riding a roller coaster and consumers facing unexpected expenses without the backing of savings, it's no wonder bankruptcy is on the rise in Missouri. But does this increase truly put Missouri...

Fox Galvin law firm expands office space.
October 18, 2003... Byline: staff Eric Friedman of Friedman Group Ltd. Realtors represented the Fox Galvin law firm in expanding its office space to the entire 8th floor of the Gateway Tower (the KMOV building) in downtown. Phil Holden of Holden Architects...

Nat'l Council of Forestry Assn. Executives elects national president.
October 18, 2003... Byline: staff Cory T. Ridenhour has been elected the national president of the National Council of Forestry Association Executives. NCFAE is comprised of the chief executive officers of each of the national, regional and state forest...

Thompson Coburn adds 22 new associates.
October 18, 2003... Byline: staff Thompson Coburn L.L.P. has added 22 new associates to its St. Louis office. The associates are listed below along with their practice group and the law school they attended. Joseph A. Bealmear, Real Estate, University of...

Gov. Holden appoints public member to State Board of Optometry.
October 18, 2003... Byline: staff Dayna Stock has been appointed by Gov. Bob Holden to the State Board of Optometry as a public member. Stock is currently the manager for the Sue Shear Institute for Women in Public Life at the University of Missouri-St....

Garnishor loses money due to untimely filing.
October 18, 2003... Byline: Emily Umbright A garnishors untimely filing of exceptions will cost him $47,902.82 in would-be garnishments owed to him by a construction company, the Missouri Court of Appeals for the Western District said in a reversed and...

Condemnation challenged in federal court.
October 18, 2003... Byline: Deborah Fauver Does a federal district court have jurisdiction to grant a preliminary injunction halting a pending state-court condemnation proceeding? A three-judge panel of the 8th U.S. Circuit Court of Appeals will hear oral...

Tarlton Corp. adds 3 to staff.
October 18, 2003... Byline: staff Ryan A. Spowal, Daniel W. Hopper and Lisa A. Capicik have joined the staff at Tarlton Corp. Spowal was named a senior project engineer and was previously employed as a project manager at a construction firm in Dayton, Ohio....

8th U.S. Circuit Court of Appeals rules racial discrimination case may proceed on evidence.
October 21, 2003... Byline: Deborah Fauver A trucker who thought he had been hired over the phone, but was rejected once the company learned that he was black, has enough evidence of pretext to take his racial discrimination case to a jury, held a unanimous...

St. Louis County Assn. of Legal Professionals holds annual bosses' night dinner.
October 22, 2003... Byline: Erin Piel Members of the St. Louis County Association of Legal Professionals and their respective bosses gathered Monday night at Candicci's Restaurant in Creve Coeur for the organization's annual bosses' night dinner and to...

Undercover tape recording ruled unethical.
October 22, 2003... Byline: Emily Umbright Evidence gleaned from an undercover agent crossed an ethical line and violated the South Dakota Rules of Professional Conduct, the 8th U.S. Circuit Court of Appeals ruled Monday, upholding the South Dakota District...

Family goes to court over land rights.
October 24, 2003... Byline: Cathy Kingsley A family squabble involving a land dispute will be handed over to a judge to settle the matter.In the case of Vick O. White and Margaret E. White vs. James F. White and David J. White, a dispute arose over how to...

Police officers immune from liability in high speed chase.
October 24, 2003... Byline: Emily Umbright Two Minneapolis police officers appealing a district court's denial of summary judgment after chasing a man who struck a couple at 70 miles per hour are entitled to qualified immunity, the 8th U.S. Circuit Court of...