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

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

Work begins in St. Louis County on $12 million Sunset Place.
October 1, 2004... Byline: staff Growing interest in south St. Louis County as an office location has prompted McEagle to break ground on its newest office/retail complex, the $12 million Sunset Place in Sunset Hills, Mo. The 57,000-square-foot mixed-use...

Nominations requests goes out to celebrate diversity in St. Louis.
October 1, 2004... Byline: staff The Diversity Committee of the St. Louis Council of Construction Consumers is preparing for its fourth annual Diversity Excellence and Advocacy Awards. Awards will be presented in three categories: ...

Learning to rebuild neighborhood retail focus of upcoming seminar.(Brief Article)
October 1, 2004... Byline: staff With the flurry of activity in rehabilitating downtown St. Louis, national retail developer Michael D. Beyard looks to help other developers jump into the fray by speaking at a breakfast hosted by the Urban Land Institute....

Episcopal church finishes renovation and expansion.(The Episcopal Church of the Holy Communion )
October 1, 2004... Byline: staff St. Louis-based general contractor and construction manager McGrath & Associates has completed the $1.2 million expansion and renovation of The Episcopal Church of the Holy Communion in University City. The church, located at...

Three developments presented with affordable housing awards.
October 1, 2004... Byline: staff Missouri Lt. Gov. Joe Maxwell presented three Governor's Awards for Excellence in Affordable Housing during an awards luncheon at the Governor's Conference on Housing held in Kansas City. This year's award winners include...

Federal agencies target real estate lending fraud.(News)
October 1, 2004... Byline: Mike Nixon The Federal Bureau of Investigation last week announced legal action against 205 individuals, including four from Missouri, in the largest single real estate financing fraud sting in the agency's history. With the...

Reinvestment revision prompts reactions.
October 1, 2004... Byline: Mike Nixon Since 1977, the Community Reinvestment Act has encouraged depository institutions to offer special credit packages among lower and moderate-income lenders in an effort to spark mortgage lending and development of both...

Leaders, investors celebrate coming of Paul Brown Lofts.(Paul Brown Lofts)
October 1, 2004... Byline: Erin Suess The momentum behind the revitalization of downtown St. Louis continues to gather speed, this week focusing on the Paul Brown Lofts, located at 818 Olive St. Representatives from Fannie Mae, investors, the media and even...

Board of Governors seeks more comment on advertising issue.
October 1, 2004... Byline: Donna Walter Lawyer advertising, and the rules that govern it, can be a contentious issue, and it certainly was so at The Missouri Bar Board of Governor's meeting on Wednesday. Other issues taken up by the board include rules...

Judicial circuits, legislators honored at annual meeting.(the honourable judges)
October 1, 2004... Byline: staff Supreme Court of Missouri Chief Justice Ronnie L. White on Thursday recognized three judicial circuits for efficiently managing and processing cases during fiscal 2003. The Daniel J. O'Toole awards were presented during a...

Judge calls for ADA compliance at courthouse.
October 1, 2004... Byline: Cathy Kingsley A recent U.S. Supreme Court decision has made judges in the 23rd Judicial Court take a second look at the renovations being proposed for the courthouse. At a recent court en banc meeting, Associate Circuit Judge...

MO Supreme Court Chief Justice White addresses annual meeting attendees.(Missouri)
October 2, 2004... Byline: Judge Ronnie L. White Chief Justice Ronnie L. White, of the Supreme Court of Missouri, delivered the following address during the opening luncheon of The Missouri Bar/Judicial Conference annual meeting on Thursday. Before I get...

Missouri Bar Assn. panel explores Sarbanes-Oxley Act.
October 4, 2004... Byline: Donna Walter Harvey Goldschmid, a commissioner on the Securities and Exchange Commission, painted an optimistic picture of the Sarbanes-Oxley Act and how it has helped restore investor confidence in corporate America. Goldschmid...

MoBar meeting ends with ceremony.(The Missouri Bar)
October 5, 2004... Byline: Donna Walter The Missouri Bar Annual Meeting, held last week at the Renaissance Grand Hotel in downtown St. Louis, ended Friday night with an awards banquet and the passing of the gavel from St. Louis attorney William Corrigan Jr....

Women lawyers brainstorm on attaining leadership roles.
October 5, 2004... Byline: Donna Walter Women lawyers from St. Louis, Kansas City and outstate Missouri brainstormed Friday morning about ways to get more women in positions of influence both in The Missouri Bar and in state government. The breakfast...

DNA banned from voluntary paternity acknowledgments.
October 6, 2004... Byline: Emily Umbright A man should have considered the rights he was waiving when he signed a voluntary acknowledgment of paternity because DNA test results cannot challenge it, the Illinois Supreme Court ruled late last month. "Under...

Illinois State Bar Assn. releases judicial candidate poll.
October 6, 2004... Byline: staff Early last month, the Illinois State Bar Association released its findings from an attorney poll of judicial candidates. Conducted by mail, ISBA members rated judicial candidates from their circuits or districts based on...

Circuit court's judgment fails to meet definition of suppression.
October 6, 2004... Byline: Erin Suess In the war against methamphetamine, the Missouri Court of Appeal, Eastern District, made another distinction in how to preserve evidence in court by denying the state's plea for an interlocutory appeal following the...

Court halts inmate's 8th Amendment claims.
October 6, 2004... Byline: Emily Umbright A sick inmate's 8th Amendment violation claim failed on Friday because he fell short of showing his doctor acted with deliberate indifference when treating his Hepatitis C virus, the 8th U.S. Circuit Court of Appeals...

Commentary: Keeping your hardware and software up to date.
October 6, 2004... Byline: Jim Wirken In continuing to talk about the third area of the five areas that make up every business in the world, we would be remiss if we did not talk about the software that we have in our office and, in particular, the software...

Unequal contributions to joint tenancy negate equal distribution.(Food Services Corporation)
October 7, 2004... Byline: Erin Suess Estate planning nearly cost a family its property when a company tried to collect on a man's debt by taking his one-half interest in the property. Luckily, the man never contributed a cent toward the land, leaving the...

Legal plans becoming regular employee benefit.
October 7, 2004... Byline: Richard Slawsky For most people, a trip to see an attorney ranks right there with a trip to the dentist. According to an American Bar Association survey, the average person needs legal advice between four and six times per...

Realty Executives International opens new offices in Missouri.
October 8, 2004... Byline: staff Realty Executives International continues its Missouri expansion plans by opening additional offices in Saint Louis County and throughout eastern Missouri. Realty Executives, an international real estate franchise...

Hellmuth, Obata + Kassabaum offers employees loans for homes in downtown St. Louis.
October 8, 2004... Byline: staff Furthering the return of residents to the downtown area, Hellmuth, Obata + Kassabaum Inc. is offering qualified employees a $5,000 forgivable loan to encourage them to buy a home in the city. This offer is part of a...

U.S. Court of Appeals Summary of Opinions.
October 8, 2004... Byline: staff Civil Law Prisoner civil rights; failure to provide medical treatment; Hepatitis C; qualified immunity Even though inmate had a grade 3 inflammation and stage 1 fibrosis relating to Hepatitis C virus, where the...

Villa Duchesne/Oak Hill School finishes historic building rehab.
October 8, 2004... Byline: staff The Villa Duchesne/Oak Hill School renovation of its 75-year-old Main Building wrapped up early, with the preservation project completed in almost a quarter of the time allotted for the effort. Hensley Construction Inc....

Private Mortgage Insurance carriers issue warning.
October 8, 2004... Byline: Mike Nixon Many homeowners who have secured historically low interest rates on original purchases or refinancing during the past couple of years continue to look for ways to save money. And many lenders are happy to help them in an...

Paric Corp. on schedule to complete Nat. Information Solutions Cooperative campus.
October 8, 2004... Byline: staff Paric Corp. is on schedule to complete the new corporate campus of National Information Solutions Cooperative in Lake Saint Louis, Mo., in March 2005. The $18 million project will allow the software developer to consolidate...

City of Hillsboro initiates process for developing master plan.
October 8, 2004... Byline: Donna Walter The city of Hillsboro took its first steps toward developing a master plan for growth at a meeting recently when a group of area residents brainstormed about what the city should be like in 10 years. The goal is to...

Funding for state and federal highway construction on stop and go path.
October 8, 2004... Byline: Mike Nixon State and federal highway funding offered mixed messages as September ended last week. With a fifth extension in a year, federal highway plans put the brakes on new road funding obligations by Congress, while at the same...

Associated General Contractors of St. Louis announces diverse group of Keystone Awards finalists.(Brief Article)
October 8, 2004... Byline: staff From 42 submissions, 34 projects representing numerous construction companies have been chosen as finalists for the 2004 Construction Keystone Awards, sponsored by the Associated General Contractors of St. Louis. The...

Don G. Lents becomes Bryan Cave chairman.
October 8, 2004... Byline: Emily Umbright A career built on the practice of business law has reached its zenith as Bryan Cave partner Don G. Lents of St. Louis takes over the reins of the firm's chairman and chief executive officer from his successor, Walter...

8th Circuit Court of Appeals gives Guatemalan family second shot at asylum.
October 8, 2004... Byline: Erin Suess A handful of violent acts against a woman and her family could amount to political persecution, found the 8th U.S. Circuit Court of Appeals on Thursday. The panel noted inconsistencies in the family's testimonies,...

Judge plans to take truancy court to Fox District.
October 8, 2004... Byline: Cathy Kingsley Judge Darrell Missey hopes that if he sees young adults in truancy court he will not have to see them appear before him in juvenile court. Truancy court is a fairly new program that Missey started in the...

Search warrant included container found in cabinet.
October 9, 2004... Byline: Stephanie Mitchum Murphy Even though officers only had a warrant to search for methamphetamine and related materials, an officer did not exceed the scope of a search warrant when he opened a container containing marijuana, said the...

Legal Services of Eastern MO honors supporters at awards lunch.(Missouri)
October 12, 2004... Byline: Donna Walter Legal Services of Eastern Missouri held its annual awards ceremony on Friday to show the organization's appreciation for the attorneys, legislators and businesspeople who have worked for justice for indigent Missouri...

Supreme Court marks some firsts during bar enrollment ceremonies.(Brief Article)
October 12, 2004... Byline: staff For the first time in the Supreme Court of Missouri's history, a husband and wife - and an Asian-American - sat as special judges with the court. Judge George W. Draper III, chief judge of the Court of Appeals, Eastern...

Stolen vehicle inference not unconstitutional.
October 13, 2004... Byline: Emily Umbright There is nothing unconstitutional about inferring that a person in unexplained possession of a vehicle knows the vehicle is stolen, the Illinois Supreme Court ruled Thursday, reversing a circuit court's decision on...

Quincy atty. William Mays named to Circuit Court.(Brief Article)
October 13, 2004... Byline: staff At the recommendation of Supreme Court Justice Rita B. Garman, Quincy attorney William Mays has been named to the Eighth Judicial Circuit Court. Filling the vacancy created by the retirement of Judge Dennis K. Cashman,...

Supreme Court summaries: October 13, 2004.
October 13, 2004... Byline: staff Canel vs. Topinka No. 96755 342 Ill. App. 3d 65; opinion by J. Freeman In a case involving abandoned property, in 1994, Harris Bank gave the Unclaimed Property Division of the State Treasurer's office stock owned by...

Law firm Lathrop & Gage adds three from Gallop, Johnson.(Gallop, Johnson & Neuman L.C.)
October 13, 2004... Byline: staff Continuing its two-year trend of pushing the envelope in size, the law firm of Lathrop & Gage L.C. announced Monday that it has added three former partners from the firm Gallop, Johnson & Neuman L.C. "In a market where...

Computerized minute entries no substitute for complete court files.
October 13, 2004... Byline: Donna Walter Court minutes that can be accessed by computer are no substitute for complete court files, said the Missouri Court of Appeals, Eastern District, as it reversed a St. Louis Circuit Court's decision to sentence a...

Commentary: Finding the right software to get the work done.
October 13, 2004... Byline: Jim Wirken This week we are going to continue to talk about "getting the work done" as one of the five things that makes up every businesses in the world. The other four things are: "clients or customers," "administration,"...

St. Louis City not responsible for flood at junior college.
October 14, 2004... Byline: Emily Umbright The Missouri Supreme Court put an end on Tuesday to an ongoing dispute between the city of St. Louis and the Junior College District of St. Louis, flushing 500,000 gallons of old water and a nearly $8.26 million...

Panel takes a look at juvenile death penalty issue.
October 14, 2004... Byline: Donna Walter The U.S. Supreme Court heard arguments Wednesday concerning whether the imposition of the death penalty on 16- and 17-year-olds constitutes cruel and unusual punishment. Last year, the Missouri Supreme Court held...

St. Louis Bar Foundation to honor Maurice B. Graham.
October 15, 2004... Byline: Erin Suess The St. Louis Bar Foundation will honor Maurice B. Graham, a principal at the law firm Gray, Ritter & Graham, with its highest award, The Foundation Award. The award, one of many Graham has received over the years, is...

Search and seizure in drug case found unlawful.
October 15, 2004... Byline: Stephanie Mitchum Murphy When an officer interrogated a driver and a passenger of a car about details unrelated to a traffic violation, he violated their Fourth Amendment rights, even though he did find drugs in their car as a...

Tarlton Corp. opens new headquarters, prepares for 60th anniversary.
October 15, 2004... Byline: Erin Suess When Tarlton Corp. unveiled its new, modern facility last week, it was more than just an upgraded building. A workplace built with workers and their families in mind, as well as Tarlton's clients, the new structure...

Internet sites help homebuyers become informed consumers.
October 15, 2004... Byline: Mike Nixon Informed consumers are the best consumers, not only for themselves but often for those with whom they are conducting business. In the real estate industry, agents and brokers are learning it can be to their advantage to...

Realtors upping technology use.(Real Estate Business Technologies)
October 15, 2004... Byline: Mike Nixon Real Estate Business Technologies announced last week that it has developed a transaction management system specifically designed for use in the real estate industry. In turn, The National Association of Realtors has...

Mortgage Bankers Assn. notes mounting fraud.
October 15, 2004... Byline: Mike Nixon Members of the Mortgage Bankers Association testified before the House Financial Services Subcommittee on Housing and Community Opportunity last week concerning an increase of problems and costs associated with fraud...

PayneCrest Electric celebrates 50th anniversary.
October 15, 2004... Byline: staff At a recent gala at the Jefferson National Expansion Memorial attended by approximately 500 people, PayneCrest Electric Inc. celebrated its 50th anniversary. The electrical contracting firm, founded in 1954, is carrying a...

MO Legal Briefs October 15, 2004.(Jim Orr & Assoc., Inc.)
October 15, 2004... Byline: staff Civil Law Contracts; insurance agent; post-contract chargebacks Where contract between insurance company and agent did not clearly state that agent was required to pay chargebacks (relating to commissions paid...

Missouri Bar honors 42 St. Louis area attorneys as senior counselors.(Brief Article)
October 16, 2004... Byline: staff The Missouri Bar recently honored 42 St. Louis area attorneys as senior counselors, which recognizes attorneys who have reached the age of 75 and have been a member of the organization for 50 years. These distinguished...

Gerard E. "Jerry" DeZern named vice president of HOK Construction Services.(Brief Article)
October 16, 2004... Byline: staff Gerard E. "Jerry" DeZern has been named vice president of HOK Construction Services, where he will oversee all division activities, including the firm's design/build construction management services. He has more than 25 years...

Leo A. Ebel, P.E. named sr. VP and director of technical operations at Horner & Shifrin.(Brief Article)
October 16, 2004... Byline: staff Leo A. Ebel, P.E., has been named senior vice president and director of technical operations at Horner & Shifrin. He will continue to serve on the firm's executive committee and board of directors. Joining the firm in 1995 as...

Attorney Peter Krane joins Williams Venker and Sanders L.L.C. as partner.(Brief Article)
October 16, 2004... Byline: staff Attorney Peter Krane has joined Williams Venker and Sanders L.L.C. as partner. He brings nearly two decades of experience practicing law as a trial lawyer in the areas of medical malpractice, products liability and commercial...

John W. "Jack" Walbran joins Bryan Cave L.L.P.(Brief Article)
October 16, 2004... Byline: staff John W. "Jack" Walbran has joined Bryan Cave L.L.P. as of counsel in the firm's corporate compliance and defense client service group, where he will specialize in government investigations and government contracts. Since...

Andrew J. Hardwick joins Evans & Dixon L.L.C. as an associate.(Brief Article)
October 16, 2004... Byline: staff Andrew J. Hardwick has joined Evans & Dixon L.L.C. as an associate in the firm's workers' compensation practice, where he will represent insurance carriers and self-insured employers. He is a member of The Missouri Bar and...

Doug Schneider joins Cissell Mueller Construction Inc. as a senior estimator.(Brief Article)
October 16, 2004... Byline: staff Doug Schneider has joined Cissell Mueller Construction Inc. as a senior estimator. Previously he was a project engineer for CRB Builders. In other company news, Dave Mueller has been promoted to vice president of operations;...

Blackwell Sanders Peper Martin adds two new associates in the St. Louis office.(Brief Article)
October 16, 2004... Byline: staff Blackwell Sanders Peper Martin has added 12 new associates this fall. Joining the St. Louis office are Robin Ferguson Shaw and John D. Polivick. Shaw joins the labor and employment department. She holds a law degree from the...

Mark Mosby joins Cole & Associates as a computer-aided design manager.(Brief Article)
October 16, 2004... Byline: staff Mark Mosby has joined Cole & Associates as a computer-aided design and drafting manager/civil designer. He brings more than 11 years of experience in civil design to the position, where he will be responsible for developing...

Husch & Eppenberger L.L.C. has adds three new associates.(Brief Article)
October 16, 2004... Byline: staff Husch & Eppenberger L.L.C. has added Jayson M. Clark, Jill D. Switkin and Yi Zhang to its firm. Clark and Switkin join as associates in the firm's general business litigation practice group, and Zhang joins the health law...

8th US Circuit Court of Appeals finds no double jeopardy in meth case.
October 16, 2004... Byline: Emily Umbright Attempted methamphetamine manufacturing and possession of pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine are two different crimes, the 8th U.S. Circuit Court of Appeals held...

Fourth Amendment seizure case results in three opinions from 8th U.S. Circuit Court of Appeals.
October 16, 2004... Byline: Donna Walter A Fourth Amendment seizure case resulted in three written opinions from a three-judge panel of the 8th U.S. Circuit Court of Appeals - one charging that the line of cases relied on by the appellate court are themselves...

Default judgment set aside despite failure to respond to petition.( J.E. Scheidegger Co. Inc.)
October 19, 2004... Byline: Erin Suess Failure to respond to a petition is not reason enough for a trial court to enter a default judgment against someone who has participated in the legal matter in all other respects, ruled the Missouri Court of Appeals,...

Court finds use of property was not adverse.
October 19, 2004... Byline: Stephanie Mitchum Murphy A circuit court's injunction barring a property owner from building a fence down the property line was reversed by the Missouri Court of Appeals, Western District, because Missouri law requires parties...

Summary judgment in favor of railroad erroneous.
October 20, 2004... Byline: Emily Umbright Medical opinions need not be based "on a reasonable degree of medical certainty," nor do injuries need to be pinpointed to a specific cause in time in order to go before a jury, the Illinois Court of Appeals, Fifth...

Res judicata and waiver dismissal improper.
October 20, 2004... Byline: Emily Umbright Dismissing a petition for post-conviction relief based on res judicata and waiver is improper in the early, "gist" stage of an appeal, the Appellate Court of Illinois, Fifth District, ruled at the end of last month....

Commentary: Establishing a work flow process in your firm.
October 20, 2004... Byline: Jim Wirken We are continuing to talk about "getting the work done" as one of the five things that make up every business in the world. As you know, the other four are as follows: "clients or customers," "administration," "billing"...

Seminar advises attorneys to study criminal law for their corporate clients.
October 20, 2004... Byline: Emily Umbright Federal practitioners walked out of the Millennium Hotel last Friday not only armed with knowledge gleaned from a judges' roundtable and seminars on electronic discovery and professional responsibility but also...

Golf cart designated a motor vehicle in driver's license suspension case.
October 20, 2004... Byline: Donna Walter The Missouri Court of Appeals, Eastern District, upheld a driver's license suspension in a case that turned on the definitions of motor vehicle and public highways. James S. Covert, the driver, and several children...

Copyright, fair use positions not clear in suit over test materials.
October 21, 2004... Byline: Erin Suess Questions still surround reference materials used to study for the Project Management Professional exam, making summary judgment inappropriate, ruled the 8th U.S. Circuit Court of Appeals, citing unclear copyright and...

O'Fallon man finds career opportunities in real estate franchises.(Mark Griessel)
October 22, 2004... Byline: Mike Nixon Mark Griessel wanted to start his own business. As a manager with GMAC, he knew how to deal with people, and with the real estate market holding an influential place in the economy, he recognized an appealing prospect...

Bar Assn. of Metropolitan St. Louis comes home to Clayton.
October 22, 2004... Byline: Erin Suess Use it or lose it is the message surrounding the Bar Association of Metropolitan St. Louis' pilot joint-use arrangement with the Daniele Hotel, located in the heart of downtown Clayton at 216 N. Meramec. The absence...

Lenders, lawyers respond to policy change at Fannie Mae.(Federal National Mortgage Association)
October 22, 2004... Byline: Mike Nixon As of Oct. 31, 2004, Fannie Mae will no longer purchase mortgages that include mandatory arbitration clauses. This government-sponsored agency has followed the lead of Freddie Mac, which stopped buying loans containing...

Coldwell Banker shows off new service center at open house.(Brief Article)
October 22, 2004... Byline: staff The 35 brokers who attended Coldwell Banker Commercial CRA L.L.C.'s open house at Spirit Trade Center III were treated to not only a great view of the new service center but also prizes that included St. Louis Cardinals...

Horner & Shifrin completes bridge in Festus, Mo.(Brief Article)
October 22, 2004... Byline: staff Horner & Shifrin Inc., engineers, architects and planners, designed the Sunshine Drive Bridge replacement, located in Festus, Mo., which is now open for traffic. Glenn Smith, P.E., associate manager of structural...

Gershman Mortgage ranked among top 20 leaders for FHA programs.(Brief Article)
October 22, 2004... Byline: staff Gershman Mortgage, one of the largest mortgage lenders in St. Louis, ranked among the top 20 originators for Basic FHA multifamily programs. The listing is compiled by the U.S. Department of Housing and Urban Development....

St. Louis-based contractor McGrath & Associates renovates Des Peres Hospital.(Brief Article)
October 22, 2004... Byline: staff St. Louis-based general contractor and construction management firm McGrath & Associates has begun the $1.3-million renovation of Des Peres Hospital. ACI Boland Inc. is the project architect. McGrath will renovate the...

Fabick CAT building new showrooms in Fenton and Columbia, Mo.(Fabick Companies)
October 22, 2004... Byline: staff By March, contractors will be able to preview the latest in rental products in a new showroom at Fabick CAT's Fenton headquarters. Legacy Building Group L.L.C. is serving as design-builder for Fabick CAT's new...

Marvin Johnson joins St. Louis-based Kwame Constructors.(Brief Article)
October 22, 2004... Byline: staff St. Louis-based general contractor Kwame Constructors L.L.C. has hired Marvin L. Johnson as vice president of operations. Johnson will oversee all operations of Kwame Constructors, including marketing efforts, preconstruction...

David Lewis elected principal at St. Louis-based Code Consultants.(Brief Article)
October 22, 2004... Byline: staff David A. Lewis, P.E., CSP, has been elected a principal at Code Consultants Inc., a national fire protection and life safety engineering firm with offices in St. Louis and New York City. He is a leader of the firm's code...

Davidson Surface/Air spreads its wings, moves to new $5 million site in Hazelwood.(Davidson Surface Air Inc.)
October 22, 2004... Byline: staff Davidson Surface/Air Inc., a national logistics services provider to the aviation industry, has begun work on a new 107,500-square-foot office/warehouse headquarters on a 6.33-acre site at 11990 Missouri Bottom Road in...