Daily Record (St. Louis, MO/St. Louis Countian) articles from October 2006

Daily Record (St. Louis, MO/St. Louis Countian) archives from October 2006

U.S. Supreme Court begins new term.
October 1, 2006... Byline: Correy E. Stephenson BOSTON -- The U.S. Supreme Court begans its 2006-2007 term last Monday with an opening conference. Oral arguments kick off on Oct. 3. To date, the justices have granted certiorari in 31 cases on a variety of...

Appellate court considers four settlement cases.
October 1, 2006... Byline: Marshall H. Tanick MINNEAPOLIS -- The often-expressed statement that the law favors settlement is probably an understatement. It is more accurate that the law embraces settlement disputes and it almost invariably enforces them. The...

Case alleges foul debt collection practices.
October 3, 2006... Byline: Donna Walter "Every minute of every day" is how often one attorney says illegal debt-collection practices are used against consumers. Debra K. Lumpkins, managing attorney of the consumer unit for Gateway Legal Services Inc., said...

Wiretap laws may criminalize use of spyware.
October 3, 2006... Byline: Emily Umbright A secret Internet tool once reserved for use by savvy marketers and vicious identity thieves is now working to the benefit of estranged spouses, say family law attorneys who spoke last week at The Missouri Bar Annual...

Negro Leagues museum brought into family feud, lawsuit over memorabilia.
October 3, 2006... Byline: Charles Emerick William F. Bankhead is adamant that the Negro Leagues Baseball Museum is turning a profit on items of memorabilia that belong to his family. His father, Dan, was the first black pitcher in the major leagues and one...

Missouri Bar needs authority to do more on judges survey.
October 3, 2006... Byline: Dr. Gregory Casey Late last month, the Daily Record covered the Missouri Bar's poll results for judges up for retention. The Record interviewed me because I helped the Missouri Bar's Special Committee change the polling instrument...

Commentary: Outsourcing attorneys can save money, but concerns remain.
October 3, 2006... Byline: Molly F. Dilbeck, J.D. Managing your practice. You've been there. Your computer inexplicably stopped working, and now you have to call the 1-800 number to figure out just what is the matter. When your call is answered, you find...

Are minority judges being judged fairly?
October 4, 2006... Byline: Allison Retka

Commentary: Meet my mother, the well-shod juror.
October 4, 2006... Byline: Will Connaghan For many people, a jury duty notice in the mail is the same as a life sentence without parole, but not for my 81-year-old mother. She was recently called to serve as a federal court juror. The notice arrived on a...

Commentary: Key is where you stand after making your point.
October 4, 2006... Byline: Jim Wirken I am sure we have all heard our parents at one time or another tell us to "kill them with kindness" when talking about how we should treat people who have not been very nice to us. Every time I hear this, I feel...

Are minority judges being judged fairly?
October 4, 2006... Byline: Allison Retka Treading into the emotionally charged issue of race relations, the Mound City Bar Association will hold a special meeting Thursday night to discuss possible racial or gender disparities in The Missouri Bar's most...

Missouri Bar offers counseling during crisis.
October 5, 2006... Byline: Donna Walter "It shouldn't hurt to be a lawyer. It should be challenging and demanding, yes. But it shouldn't hurt. If it hurts, it's time to call MOLAP," said Jim Brady, director of The Missouri Bar's counseling program. Lawyers...

MO Court of Appeals gives legal green light to TIF financing for St. Louis University's arena.
October 5, 2006... Byline: Emily Umbright The Missouri Court of Appeals gave the legal green light to tax-increment financing for Saint Louis University's proposed 13,000-seat arena, but the state Supreme Court will have the final say over the...

St. Louis City jury: Midtown building worth five times city offer.
October 5, 2006... Byline: Emily Umbright If there's one thing a real estate agent will say about property value, it's "location, location, location." And that's pretty much what a St. Louis City jury said Wednesday in placing a $640,000 price tag on a...

St. Louis-based appliance maker Emerson sues NBC.
October 6, 2006... Byline: Emily Umbright In the backdrop of a shocking scene depicting a woman's bloody, mangled hand sits an Emerson-brand garbage disposal. That bit of unintended product placement received national attention this week after the St....

Missouri federal judge refuses to order a stay in a case involving distribution of Bibles to student.
October 6, 2006... Byline: Donna Walter A federal judge has refused to order a stay in a case between a southeastern Missouri school district and community members over the distribution of Bibles to students. The judge's decision means discovery may...

Local Legal Services honors people, group fighting for justice.
October 9, 2006... Byline: Donna Walter Close to 200 people were on hand Friday afternoon to honor those lawyers and community members who work for equal access to justice as Legal Services of Eastern Missouri held its annual awards luncheon at the Hilton...

A quick look at the people honored by Legal Services.
October 9, 2006... Byline: Daily Record Staff Robert Walston Chubb Award Presented in memory of Robert Walston Chubb, who helped initiate the Legal Aid Society and served as a board member of LSEM from 1956 to 1964. He continued to participate in the...

The fur flies: Chesterfield pet company sues over the Furminator.
October 10, 2006... Byline: Allison Retka A local pet toy distributor is suing the maker of popular fur removal tool for shedding the distributor after it helped get the tool on QVC and into PetSmart and PETCO stores. Chesterfield-based Creative Marketing and...

Strong free-agent market seen in Missouri.
October 10, 2006... Byline: Charles Emerick Free agency isn't just a baseball phenomenon. Especially in recent years, lawyers are moving from firm to firm. And these lateral talent transfers are changing the look of Missouri's biggest law firms. Mark Foster...

Local law firms find ways to fairly divvy up St. Louis Cardinals tickets.
October 11, 2006... Byline: Will Connaghan With the St. Louis Cardinals in the National League Championship Series, the whole area is afflicted with a bad case of pennant fever, including just about every law firm in town. Many of those firms own Cardinals...

Healthcare understaffing leads to three fraud pleas in federal court in St. Louis.
October 11, 2006... Byline: Daily Record Staff A nursing home's failure to provide adequate staffing care led to three guilty pleas Tuesday in the federal court in St. Louis after state and federal investigators uncovered a conspiracy to defraud the Medicaid...

Missouri Supreme Court to hear odd tale.
October 12, 2006... Byline: Emily Umbright The Missouri Supreme Court will hear oral arguments Friday on whether a St. Louis County trial court correctly admitted into evidence the 66.5-pound fruits of a vehicle search triggered by a suspicious "hairdo"...

Brother disputes claim against baseball museum in Kansas City.
October 12, 2006... Byline: Charles Emerick (This article was originally published in The Daily Record, Kansas City, Mo., another Dolan Media publication). The claims made by a New York man in his lawsuit against the Negro Leagues Baseball Museum have no...

Missouri Supreme Court approves tobacco tax for Nov. 7 ballot.
October 12, 2006... Byline: Scott Lauck The Missouri Supreme Court on Wednesday ruled that a proposal to raise the state's tobacco tax will go before voters on the November ballot. The court, in a ruling that came just one week after it heard arguments in...

Commentary: Do not be afraid to care, risk, dream and expect for excellence.
October 12, 2006... Byline: Jim Wirken "Excellence is the result of caring more than others think is wise, risking more than others think is safe, dreaming more than others think is practical and expecting more than others think is possible." - Anonymous ...

Missouri law prohibits ticket scalping.
October 13, 2006... Byline: Donna Walter State law prohibits ticket scalping. So does the city of St. Louis. But if you want a couple of tickets for this weekend's playoff games, you'll have no problem. That tickets can be bought and sold so easily - often at...

Missouri municipal laws against leaf burning are not a bad idea.
October 13, 2006... Byline: Will Connaghan Fall brings back many fond memories from my childhood. The changing of the season, the anticipation of Halloween and, of course, jumping into a pile of leaves are all memories to cherish. I remember walking to school...

Missouri-based SSE Inc. hires new executive account manager.
October 14, 2006... Byline: St. Louis Daily Record Staff Steve Wingbermuehle has joined SSE Inc. as an executive account manager, marketing SSE's eLearning solutions to Fortune 1000 companies. Wingbermuehle has nearly 25 years of sales and marketing...

Missouri attorney McQueen attends U.S. Senate Leadership Summit for Young Professionals.
October 14, 2006... Byline: St. Louis Daily Record Staff Jalesia F. McQueen, a Peruvian-American associate attorney specializing in immigration law at the law firm of Gallop, Johnson & Neuman, participated in the U.S. Senate Leadership Summit for Young...

MacDonald receives 2006 Missouri Bar award.
October 14, 2006... Byline: St. Louis Daily Record Staff Leo H. MacDonald Jr., principal at Carmody MacDonald P.C., was recognized as the recipient of the 2006 Tom Cochran Community Service Award. This honor is awarded annually by the Young Lawyers' Section...

MacDonald receives Missouri Bar award.
October 14, 2006... Leo H. MacDonald Jr., principal at Carmody MacDonald P.C., was recognized as the recipient of the 2006 Tom Cochran Community Service Award. This honor is awarded annually by the Young Lawyers' Section of The Missouri Bar to a lawyer whose...

Attorney Terence MacCarthy makes cross-examination a 'monologue'.
October 14, 2006... Byline: Nora Lockwood Tooher BOSTON -- Listening to Terence MacCarthy discuss cross-examination is like sitting in an Irish pub with a witty companion sharing oft-told stories -- a pint in his hand and a glint in his eyes. Whether it's a...

College teacher who gave student anti-gay pamphlets not protected by 1st Amendment.
October 14, 2006... Byline: Reni Gertner BOSTON -- A cosmetology instructor who lost her job after she gave a homosexual student anti-gay religious pamphlets isn't protected under the First Amendment and can't sue under Sect. 1983, the 7th Circuit has ruled....

What constitutes a willful violation of Fair Credit Act?
October 14, 2006... Byline: Lawyers USA Staff BOSTON -- Is a violation of the Fair Credit Reporting Act willful if it resulted from reckless disregard of a consumer's rights under the Act, or must a plaintiff present proof that the credit entity actually knew...

Missouri-based Brown Smith Wallace hires new systems architect.
October 14, 2006... Byline: St. Louis Daily Record Staff Gary Murrish has joined Brown Smith Wallace as systems architect in the business intelligence practice. Murrish assists clients identify workflow efficiencies, capture performance statistics and present...

HP scandal puts spotlight on private investigations.
October 14, 2006... Byline: Reni Gertner BOSTON -- With the Hewlett-Packard scandal putting the possible risks of private investigation on the radar screen, management lawyers are advising clients about what they should -- and should not -- do when they want...

Cell phones increasingly replace standard home phone.
October 14, 2006... Byline: Louis Llovio BALTIMORE -- Mark Deatley gets terrible reception on his cell phone when he is at home, so -- much to his chagrin -- he remains tied to a traditional, telephone landline that he detests. Trust me, if I could change it,...

St. Louis attorneys Weiss, Riddle receive national awards.
October 14, 2006... Byline: St. Louis Daily Record Staff Bryan Cave LLP partner Charles Weiss has earned The American Judicature Society's Herbert Harley Award. It is the highest state honor given by AJS and was bestowed to Weis for his help in establishing...

Paule, Camazine & Blumenthal attorneys make it in "The Best Lawyers in America".
October 14, 2006... Byline: St. Louis Daily Record Staff "The Best Lawyers in America" has listed six attorneys from Paule, Camazine & Blumenthal P.C. in its 2007 edition: Thomas M. Blumenthal, alternative dispute resolution; Alisse Camazine, family law; Alan...

Accounting Today Magazine names Missouri CPA one of the most 100 influential people.
October 14, 2006... Byline: St. Louis Daily Record Staff James G. Castellano, CPA, chairman of RubinBrown, has been named one of the accounting profession's Top 100 Most Influential People by Accounting Today magazine. Featured in the Sept. 18, 2006, issue of...

Missouri-based J.W. Terrill's property casualty division hires new account manager.
October 14, 2006... Byline: St. Louis Daily Record Staff Tandra Ferrara has joined the property casualty division of J.W. Terrill as an account manager. In her new position, Ferrara will seek to add to Terrill's client base and to serve existing clients....

Missouri-based Gateway Commercial/Cushman Wakefield hires new associate.
October 14, 2006... Byline: St. Louis Daily Record Staff Ronald J. "R.J." Ortyl III has joined Gateway Commercial/ Cushman Wakefield as an associate. In that capacity, Ortyl will focus on property and buyer/tenant representation in the office, land and...

Five reasons for taping depositions.
October 14, 2006... Byline: Lawyers USA Staff BOSTON -- Most proponents agree that lawyers should always videotape depositions when economics allow, citing numerous advantages over traditional printed excerpts. 1. Deposed witnesses may be unavailable for...

What practitioners should know about music licensing.
October 15, 2006... Byline: James A. Johnson DETROIT -- To understand music licensing requires knowledge of copyright law. A copyright vests as soon as an original work of authorship is fixed in any tangible medium of expression. (See, 17 U.S.C. Sect....

Dog sniff of vehicle is constitutional.
October 15, 2006... Byline: Lawyers USA Staff BOSTON -- A canine sniff of a vehicle driven by a motorist who pulled off the road when approaching a ruse drug checkpoint did not violate the defendant's Fourth Amendment rights, the 8th Circuit has ruled in...

Derivative claims governed by 'per person' limit in underinsured motorist policy.
October 15, 2006... Byline: Lawyers USA Staff BOSTON -- The per person limit of underinsured-motorist coverage in an auto insurance policy applied to derivative claims brought by family members of an insured killed in an accident, the Illinois Supreme Court...

Keeping your balance: A look at year-end tax planning strategies.
October 15, 2006... Byline: Kevin McPherson ROCHESTER, N.Y. -- Individual income taxes are probably one of your largest annual expenditures. So, just as you would shop around for the best price for a car, you should consider opportunities to reduce or defer...

States adopt disclosure rules for legal malpractice insurance.
October 15, 2006... Byline: Dick Dahl BOSTON -- Should lawyers be required to tell prospective clients that they don't carry insurance? Nineteen states say yes -- and California appears poised to create one of the most stringent disclosure rules yet,...

Animal law has no bite, says MoBar committee.
October 16, 2006... Byline: Emily Umbright The Missouri Bar's Animal Law Committee doesn't want to change the definitions of animal care and control; it just wants to make these definitions consistent with their appearance in the state's animal neglect...

The Vioxx wars rage on with no clear victor.
October 16, 2006... Byline: Correy E. Stephenson BOSTON -- Two years after Merck pulled the painkiller Vioxx from the market, 10 personal injury lawsuits have reached a verdict, with decidedly mixed results for the drug maker. After losing a $235 million...

Top 5 reasons to tape depositons.
October 16, 2006... Byline: Lawyers Weekly USA Staff Writer Dolan Media Newswires BOSTON -- Most proponents agree that lawyers should always videotape depositions when economics allow, citing numerous advantages over traditional printed excerpts. 1....

Video depositions offer advantage at trial.
October 16, 2006... Byline: Dick Dahl Staff writer BOSTON, MA -- In May of this year, jurors in a federal courthouse in eastern Louisiana were asked to watch and listen as the image of a hospital risk manager appeared on the court's huge video screen. It was...

Vioxx trial results.
October 16, 2006... Byline: Lawyers Weekly USA Staff Writer By Lawyers USA Staff Dolan Media Newswires BOSTON -- Plaintiffs: Aug. 20, 2005. Robert Ernst, a 59-year-old Wal-Mart store produce manager, took Vioxx for approximately eight months prior to his...

Missouri's voter ID law declared unconstitutional.
October 17, 2006... Byline: Scott Lauck Missouri's controversial voter ID law was struck down as unconstitutional Monday in a 6-1 decision by the Missouri Supreme Court. The decision in Weinschenk v. State of Missouri, coming less than two weeks after the...

Malpractice lawsuit's counts tossed after coming in too late.
October 17, 2006... Byline: Donna Walter Mary Henderson is learning a lot about the statute of limitations. First, she hired a St. Louis County law firm to handle her personal injury lawsuit against Wal-Mart. She alleged that she was injured in an Illinois...

Commentary: Staff 'warning signs' may steer your office off course.
October 17, 2006... Byline: Nancy Byerly Jones Clients often ask me what staff problems would make my "High Voltage -- Beware the Dangers" list. That's a tough question to answer generically, but here's a top 10 list: * Adults whose office behavior is...

Technique popularized by Pozner book raises questions in Michigan.
October 17, 2006... Byline: Molly F. Dilbeck From now on, every time something comes out of your mouth that's worded as a statement, I'm fining you $100. Is that clear? What Brian A. Oakley, a district court judge in Detroit, was referring to was attorney...

Malpractice claims climbed in advance of.
October 18, 2006... Byline: Emily Umbright Missouri medical malpractice insurers saw a record-breaking year in 2005, with claims spiking 57 percent, according to a new report issued by the state Department of Insurance, Financial Institutions and Professional...

City of Valley Park immigration case now in federal court.
October 18, 2006... Byline: Allison Retka Challengers of Valley Park's immigration ordinances are fighting to move the case back to St. Louis County Circuit Court after an Oct. 11 removal to the federal courthouse. Attorneys for Valley Park must file a...

If you are the type of person who runs red lights, then there will soon be fewer venues in which to perform your daredevil act without paying the price.
October 18, 2006... Byline: Will Connaghan If you are the type of person who runs red lights, then there will soon be fewer venues in which to perform your daredevil act without paying the price. The city of St. Louis will soon be installing red-light cameras...

Judges urge Supreme Court to hear 'Apes' wrongful termination case.
October 18, 2006... Byline: Caryn Tamber For the third time, a man who was fired after complaining about a co-worker's graphically racist remark has been rebuffed by the 4th U.S. Circuit Court of Appeals. But this time, some of the judges on the court...

Malpractice claims in Missouri climbed in advance of tort reform.
October 18, 2006... Byline: Emily Umbright Missouri medical malpractice insurers saw a record-breaking year in 2005, with claims spiking 57 percent, according to a new report issued by the state Department of Insurance, Financial Institutions and Professional...

Proceed with caution: Photo-cops prompt constitutional concerns in Missouri.
October 18, 2006... Byline: Will Connaghan If you are the type of person who runs red lights, then there will soon be fewer venues in which to perform your daredevil act without paying the price. The city of St. Louis will soon be installing red-light cameras...

Judges urge Supreme Court to hear 'Apes' wrongful termination case.
October 18, 2006... Byline: Caryn Tamber For the third time, a man who was fired after complaining about a co-worker's graphically racist remark has been rebuffed by the 4th U.S. Circuit Court of Appeals. But this time, some of the judges on the court...

Airport expansion violated clean air rules, lawsuit says.
October 19, 2006... Byline: Donna Walter Although the new runway at Lambert-St. Louis International Airport has been open since April, a legal fight surrounding the airport expansion still rages on. A case pending in federal court charges the city of St....

St. Louis Daily Record and The Countian are moving offices to the Security Building.
October 19, 2006... Byline: Staff Report The office of the St. Louis Daily Record and The Countian is moving to the Security Building at 319 N. 4th Street, 5th Floor as of Monday, Oct. 23. Our current office at 612 N. 2nd Street, 4th Floor will close at 3...

Commentary: Reap rewards by working through challenges.
October 19, 2006... Byline: Jim Wirken If you have ever sat down and watched an NFL game, I am sure you have heard the phrase, usually after some huge hit, "Welcome to the NFL." Throughout the years I have used a similar phrase with regard to the day-to-day...

Mound City: Judges survey needs adequate safeguards.
October 19, 2006... Byline: Pamela Meanes Editor: We are compelled to respond to the editorial that appeared in the St. Louis Post-Dispatch on Oct. 12, wherein it was recommended that county voters vote NO on Judge Judy Draper's retention. The editorial was...

Voter fraud isn't our problem.
October 19, 2006... Byline: Mike Devereaux Editor: I agree with the Missouri Supreme Court for the reasons they gave (Missouri's voter ID law declared unconstitutional, Daily Record, Oct. 17). The pro-ID faction always refer to incidents of voter...

Eighth circuit rejects state courts' definition of 'forcible compulsion'.
October 20, 2006... Byline: Emily Umbright Defendant James Niederstadt didn't believe the evidence supported his sodomy conviction because he didn't have to force his 16-year-old victim - she was sleeping. And on Tuesday, after stints in every court...

The office of the St. Louis Daily Record and The Countian relocates.
October 20, 2006... Byline: St. Louis Daily Record Staff The office of the St. Louis Daily Record and The Countian is moving to the Security Building at 319 N. 4th Street, 5th Floor as of Monday, Oct. 23. Our current office at 612 N. 2nd Street, 4th Floor will...

Want to write a better brief? Check out Sparky's list.
October 20, 2006... Byline: Andrew H. Baida The impetus for today's discussion is the least understood member of my family. I'm talking about my dog, Sparky, who some people -- actually, it's quite a few -- just don't understand. Such as my sister, whose...

Defending your life as a criminal defense lawyer.
October 20, 2006... Byline: David Barend I used to love to go to parties. Sadly, that all changed once I became a criminal defense attorney. Below is the conversation that I have at every shindig that I've attended over the last 10 or so years. So what do you...

BP settles case over Sugar Creek pollution.
October 20, 2006... Byline: Charles Emerick Less than two weeks before the scheduled trial, a sudden agreement was reached in one of more than two dozen cases against BP Corp. North America. Lon Walters, attorney for 20-year-old plaintiff Justin Detel, said...

K.C. doctor, hospitals win wrongful death case.
October 20, 2006... Byline: Charles Emerick A Kansas City doctor was not negligent when he discharged an elderly patient more than five years ago, a Jackson County jury unanimously ruled. An attorney for plaintiff Sheila Battles demanded nearly $2 million...

Getting medical records in employment cases gets tougher.
October 21, 2006... Byline: Michelle Lore MINNEAPOLIS -- Employment lawyers are mulling the significance of a recent federal district court decision declining to allow the defendant in a sexual harassment case to obtain the medical records of a plaintiff...

Bankruptcy law reforms are 'hardest on attorneys'.
October 21, 2006... Byline: Cynthia Di Pasquale and Ann W. Parks BALTIMORE -- What difference does a year make? Ask a bankruptcy attorney. A year after the implementation of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, bankruptcy...

Six Sonnenschein Nath & Rosenthal partners named to The Best Lawyers in America.
October 21, 2006... Byline: St. Louis Daily Record Staff Six partners in the St. Louis office of Sonnenschein Nath & Rosenthal LLP have been selected to be included in the 2007 edition of The Best Lawyers in America including: G. Harley Blosser, biotechnology...

Buckingham Family of Financial Services hires HR/compliance associate.
October 21, 2006... Byline: St. Louis Daily Record Staff Heather Teetor has joined the Buckingham Family of Financial Services as a human resources/compliance associate for Buckingham Asset Management Inc. Prior to joining Buckingham, she was the placement...

Benefits Plans Plus names new manager.
October 21, 2006... Byline: St. Louis Daily Record Staff Jason Oesterlei, QKA, QPA, AIFA(tm) has been promoted to manager at Benefit Plans Plus. Oesterlei will continue to be responsible for oversight of the day to day work-flow of Benefit Plans Plus and play...

American College of Trial Lawyers inducts Thomas E. Jones to fellowship.
October 21, 2006... Byline: St. Louis Daily Record Staff The American College of Trial Lawyers (ACTL) has inducted to Fellowship Thomas E. Jones of Thompson Coburn LLP. The American College of Trial Lawyers is an honorary association comprised of experienced...

Blackwell Sanders Peper Martin adds 12 attorneys to Missouri offices.
October 21, 2006... Byline: St. Charles Business Record Staff Blackwell Sanders Peper Martin has added Kate Heideman, Tim McFarlin and Jordan Schnitzer to the firm's St. Louis office. It has also added Sudabeh (Sudee) Mirsafian Wright, Kristin R. Morin,...

ABA survey shows tech budgets are scarce in small firms.
October 21, 2006... Byline: Amy Johnson Conner MINNEAPOLIS -- Nearly 30 percent of law firms across the country have no budget for technology, according to the American Bar Association's 2006 Legal Technology Survey Report. That's scary though not at all...