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

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

Missouri expecting large voter turnout for November election.
October 1, 2008... Byline: Donna Walter Expecting an 80 percent voter turnout for the November election, Missouri officials say they've been working long hours to ensure that the election runs smoothly. The hotly contested presidential race between...

Missouri Court of Appeals Western District sides with city in contract dispute.
October 1, 2008... Byline: Charles Emerick A panel of appellate judges affirmed the dismissal of a lawsuit challenging last year's employment contract to Kansas City's City Manager Wayne Cauthen. The Missouri Court of Appeals Western District agreed with a...

Missouri Supreme Court orders quick trial for St. Louis man.
October 1, 2008... Byline: Kelly Wiese The Missouri Supreme Court has ordered the St. Louis Circuit Court to give a man his trial within 30 days, or show a reason why he should not be released. The court on Tuesday ordered the lower court to proceed quickly...

Eastern District Court of Appeals rules DOC violated its own policies when it fired employee.
October 2, 2008... Byline: Angela Riley The Eastern District Court of Appeals affirmed a trial court's decision that determined the Department of Corrections' dismissal of an employee for failure to take a drug test was not supported by substantial evidence....

Independence law firm representing popcorn consumers suing for injuries.
October 2, 2008... Byline: Charles Emerick A disease once thought to have only sickened workers at popcorn factories is now becoming the subject of lawsuits filed by consumers of the buttery snack. Bronchiolitis obliterans, or popcorn lung, is being claimed...

St. Charles judge fined by Missouri Supreme Court for role in alleged bribe.
October 2, 2008... Byline: Allison Retka A former assistant prosecutor investigated for an alleged bribe involving an autographed baseball has been reprimanded by the Missouri Supreme Court and ordered to pay a $750 fine. A state disciplinary panel found...

Cyberbullying suit filed in St. Louis County Circuit Court.
October 2, 2008... Byline: Angela Riley Another case of cyberbullying has arisen out of St. Louis. A West County father alleges in a petition filed in St. Louis County Circuit Court that someone used a Facebook account to harass his daughter who struggles...

St. Louis Rams sued by Equal Employment Opportunity Commission.
October 2, 2008... Byline: Donna Walter When the St. Louis Rams fired a long-time employee with a seizure disorder, it violated the Americans with Disabilities Act's prohibition of disability discrimination, the Equal Employment Opportunity Commission said...

Alleged conflict spawns filing of lawsuit in St. Louis County Circuit Court.
October 3, 2008... Byline: Angela Riley A former director with St. John's Mercy Health System is suing the Lowenbaum Partnership for failing to provide adequate legal counsel when the law firm represented both the employee and employer in a sexual harassment...

Man wants Mo. Supreme Court to overturn his conviction over out-of-court statements.
October 3, 2008... Byline: Kelly Wiese Supreme Court judges reacted with skepticism to a man's argument that his conviction for child molestation should be tossed because the child's out-of-court statements were allowed. The man argued that a 2004 U.S....

U.S. Attorney's Office in Missouri indicts three for mortgage fraud.
October 3, 2008... Byline: Donna Walter The U.S. Attorney's Office indicted three people for mortgage fraud, including a father and son, involving the multimillion sales of 12 local properties. U.S. Attorney Catherine Hanaway made the announcement Thursday...

James E. Darst remembered as exceptional Missouri lawyer, judge.
October 3, 2008... Byline: Donna Walter James E. Darst Sr., a Social Security administrative law judge for many years, will be remembered as a brilliant man by the lawyers that knew him. Darst died Sept. 30. He was 78. Judge Joseph Simeone taught Darst at...

Alleged conflict spawns lawsuit.
October 3, 2008... Byline: Angela Riley A former director with St. John's Mercy Health System is suing the Lowenbaum Partnership for failing to provide adequate legal counsel when the law firm represented both the employee and employer in a sexual harassment...

20 years later: Teachers reflect on Supreme Court's Hazelwood School District v. Kuhlmeier ruling.
October 6, 2008... Byline: Angela Riley It's not every day that a U.S. Supreme Court decision arising out of your own backyard has resounding implications 20 years later. Today marks the start of the new Supreme Court term, and this year is the 20th...

CEO of St. Louis-based Engineered Support Systems sentenced for backdating stock options.
October 6, 2008... Byline: Donna Walter Michael Shanahan Sr. was sentenced to three years of probation and ordered to pay $7.8 million in restitution for backdating stock options at Engineered Support Systems. He was also ordered to pay a $40,000 fine....

Commentary: Going easy on Palin? Say it ain't so Joe.
October 6, 2008... Byline: Craig Napier Like many of us Americans I tuned in last Thursday night to watch the debate between vice presidential candidates Sarah Palin and Joe Biden. I have been watching more of the talking-head-24-hours-a-day news lately...

Harassment suit against Kansas City Wizards dismissed.
October 6, 2008... Byline: Charles Emerick A woman who claimed she was regularly sexually harassed by employees of the Kansas City Wizards soccer team dismissed her lawsuit last week. Kathryn Carver filed the suit three months ago against the team's...

Kansas City barber's family settles federal lawsuit with hairspray makers.
October 7, 2008... Byline: Charles Emerick A federal lawsuit claiming a barber's death was the result of a chemical found in hair products has nearly settled, according to court records. Loren Bates, of Raytown, had cut hair for about 50 years when he died...

ACLU wants federal court to declare new Missouri sex offender law unconstitutional.
October 7, 2008... Byline: Donna Walter The American Civil Liberties Union wants a federal court to declare unconstitutional a new Missouri law requiring registered sex offenders to avoid all Halloween-related contact with children. In addition, to avoiding...

Lethal injection challenge in Missouri may rest on definitions: Rule or policy?
October 8, 2008... Byline: Donna Walter Lawyers representing death-row inmate John C. Middleton and 16 others sentenced to death asked the Missouri Supreme Court on Tuesday to require the state Department of Corrections to submit its lethal injection policy...

Undertaker doctrine tested in St. Louis.
October 8, 2008... Byline: Angela Riley No law required St. Louis to install automatic external defibrillators throughout Lambert-St. Louis International Airport. But once it did, does the law make the city liable if the AEDs aren't used or aren't used...

8th Circuit affirms $20.7M award over stock price.
October 8, 2008... Byline: Donna Walter A federal appeals court affirmed a $20.7 million arbitration award in favor of a former Enterprise Rent-A-Car executive. The dispute arose after the Crawford Group, Enterprise's parent company, announced its intention...

Lawyer wins $100,000 in fees for campaign finance lawsuit in Missouri appellate court.
October 8, 2008... Byline: Scott Lauck More than 14 months after the Missouri Supreme Court ruled on the state's campaign finance laws, Chuck Hatfield is a step closer to getting paid for the case. The Missouri Court of Appeals Western District ruled Tuesday...

Missouri Court of Appeals Western District reinstates judgment against Allstate.
October 8, 2008... Byline: Charles Emerick The Missouri Court of Appeals Western District ordered a trial court judge to reinstate a $100,000 default judgment against Allstate Insurance Co. The court on Tuesday ruled Patricia Mathers was entitled to the...

Missouri Supreme Court rules BJC cases may clarify liability for 'integrated' systems.
October 9, 2008... Byline: Angela Riley The Missouri Supreme Court may make it easier for plaintiffs to sue parent corporations for conduct of their subsidiaries. Three cases, all involving the same issues, were heard before the court Tuesday concerning the...

Kansas City activist Alvin Sykes: A mission to perform.
October 9, 2008... Byline: Scott Lauck Emmett Till's violent death more than half a century ago continues to reverberate in the law. On Tuesday, President George W. Bush signed the Emmett Till Unsolved Civil Rights Crime Act, which provides money for...

U.S. Supreme Court lets stand ruling allowing inmate abortions.
October 9, 2008... Byline: Kelly Wiese The U.S. Supreme Court has refused to consider the state of Missouri's appeal over its policy to deny transportation for inmates seeking an abortion. The state changed its policy in fall of 2005 and began refusing to...

8th U.S. Circuit Court of Appeals upholds $21M verdict.
October 9, 2008... Byline: Donna Walter The 8th U.S. Circuit Court of Appeals affirmed a $21 million verdict against a St. Louis-based carbon-fiber manufacturer in a breach-of-contract lawsuit. A federal jury in St. Louis awarded Structural Polymer Group and...

16th Circuit mourns 'great loss' of Judge Kelly Moorhouse.
October 9, 2008... Byline: Charles Emerick Judge Kelly Moorhouse, a member of the Jackson County Circuit bench for more than eight years, died Tuesday night following a private fight with cancer. She was 49. Judge Ann Mesle was Moorhouse's suitemate on the...

Do you suffer from 'seminar syndrome shame'?
October 9, 2008... Byline: Nancy Byerly Jones Most of us have suffered from seminar syndrome shame (SSS) -- the lost opportunity disease that occurs when we expend valuable time and money on educational seminars only to accumulate CLE hours and nothing more....

What should a plan fiduciary do now?
October 9, 2008... Byline: Marijoyce Ryan Turbulent markets, a shaky financial industry and the credit crisis all have investors worried about their portfolios. Hewitt Associates just released a study indicating higher than normal transfer activity -- in...

Missouri gubernatorial candidates split on litigation, business climate.
October 10, 2008... Byline: Scott Lauck Missouri gubernatorial candidates Kenny Hulshof and Jay Nixon squared off Thursday over climate change. Not the kind that melts ice caps, but the type that helps or hurts businesses, depending on whom you ask. Hulshof,...

Southwest Airlines sued for detaining St. Louis woman.
October 10, 2008... Byline: Donna Walter A St. Louis woman says she was hospitalized and sedated against her will after Southwest Airlines officials told Las Vegas police the woman was suicidal when she only having a panic attack. The woman, Joung Hwa Levy,...

Suit filed in St. Louis County claims doctor on probation performed unnecessary surgery.
October 10, 2008... Byline: Angela Riley A second lawsuit has been filed against a doctor with a history of drug and alcohol abuse. In the lawsuit against Dr. Michael Impey, Des Peres Hospital and Des Peres Medical Specialists, plaintiffs George and Deborah...

Panel named for associate judge slot in St. Louis.
October 11, 2008... Byline: Staff report Lawyers juggling public and private legal jobs have been tapped as finalists for a judicial vacancy in the St. Louis Circuit Court. The 22nd Judicial Commission late last week named the three people it's recommending...

'Derivative citizenship' claim in Branson turns into international incident.
October 13, 2008... Byline: Scott Lauck Proving a Samoan government official has the right to possess a U.S. passport is apparently one part legal maneuvering, one part genealogy. The Kansas City-area immigration firm of Sharma-Crawford Attorneys at Law has...

Confidential settlement reached in crash near Six Flags in Missouri.
October 13, 2008... Byline: Angela Riley The remainder of the five family members killed by a dump truck driver in a fiery crash near Six Flags has reached a confidential settlement with the driver's employers. On July 29, 2005, Angela Huckaba, 30, was...

Finalists named for vacancy in St. Louis Circuit Court.
October 13, 2008... Byline: The Daily Record Staff Lawyers juggling public and private legal jobs have been tapped as finalists for a judicial vacancy in the St. Louis Circuit Court. The 22nd Judicial Commission late last week named the three people it's...

Commentary: In this economy, lobbying might be the ticket.
October 13, 2008... Byline: Craig Napier Somewhere in the past few weeks, the talking heads and political types in this country have started saying the R word. Recession. So, now I can expect to get a bag of nuts on the back porch from the Walter Cunninghams...

St. Louis-based Bryan Cave appoints David Fleisher as chief operating officer.
October 13, 2008... Byline: Heather Cole Bryan Cave appointed David Fleisher as chief operating officer effective Oct. 20. Fleisher has served as vice president, chief financial officer and general counsel of Huttig Building Products since 2005. His base...

8th U.S. Circuit Court of Appeals upholds $20.7M arbitration award.
October 13, 2008... Byline: Heather Cole A U.S. appeals court upheld a $20.7 million arbitration award for a former Enterprise Rent-A-Car executive. The 8th U.S. Circuit Court of Appeals on Oct. 6 said the $45.90 per-share price set by a three-member...

8th U.S. Circuit Court of Appeals: Fine doesn't lengthen sentence.
October 14, 2008... Byline: Donna Walter The U.S. Sentencing Guidelines do not allow federal judges to add points for a defendant's criminal history when, in the prior crime, the defendant only had to pay a fine, a federal appeals court said. On Friday, the...

St. Louis County Circuit Court's Case.net, like court staff, takes holiday.
October 14, 2008... Byline: Angela Riley While the state and federal courts were scheduled off for Columbus Day, Case.net decided to take the day off too. The Web site was down on Monday due to a technical error. The Information Technology Department at the...

Missouri Court of Appeals Eastern District calls suit against trash facility frivolous.
October 15, 2008... Byline: Angela Riley A decision from the Missouri Court of Appeals Eastern District has moved forward the construction of a controversial Fred Weber Inc. trash facility in South County. The decision in effect affirmed an agreement between...

Man stuck with worthless Kansas City homes while economy declines.
October 15, 2008... Byline: Charles Emerick Jason Aytes thought he was making an investment when he purchased 21 Kansas City homes in 2004. Instead, Aytes claimed in a lawsuit filed in Jackson County on Friday, he soon ended up broke and bankrupt -- the...

Missouri Supreme Court says PSC exceeded mandate.
October 15, 2008... Byline: Donna Walter A Missouri Supreme Court decision paves the way for consumers in southwestern Missouri to challenge electricity rates collected during 2007. The Public Service Commission approved Empire District Electric Co.'s request...

Missouri Gov. Matt Blunt taps Fischer for Supreme Court.
October 16, 2008... Byline: Kelly Wiese With little fanfare, Gov. Matt Blunt has tapped Associate Circuit Judge Zel Fischer for the Missouri Supreme Court. Blunt's office made the announcement with a news release Wednesday afternoon, amid a slew of releases...

Big donations flow into AG race in Missouri.
October 16, 2008... Byline: Scott Lauck In the waning weeks of the race for Missouri attorney general, Republican Michael Gibbons and Democrat Chris Koster both showed liberal use of the state's new laws allowing contributions of unlimited size. In his...

Missouri Gov. Matt Blunt won't charge media for old e-mails.
October 16, 2008... Byline: Donna Walter Missouri Gov. Matt Blunt has agreed to turn over old e-mails at no cost to three news organizations that requested them. The Associated Press, Kansas City Star and St. Louis Post-Dispatch intervened in a lawsuit filed...

Suit in Jackson County Circuit Court challenges light rail on procedural grounds.
October 16, 2008... Byline: Charles Emerick A Kansas City man is seeking judicial review of the enactment that put the light rail initiative on the Nov. 4 ballot. In an effort to stop the vote, Patrick Tuohey sued the city and the Kansas City Board of...

Groups raise thousands pushing to adopt court plan in southwest Missouri.
October 17, 2008... Byline: Kelly Wiese Groups formed to support and oppose an effort to add southwest Missouri's Greene County to the areas that use the Nonpartisan Court Plan to select its judges have raised tens of thousands of dollars toward the effort....

KC woman sues McCain-Palin over threats made by crowds.
October 17, 2008... Byline: Charles Emerick Are John McCain and Sarah Palin inciting their supporters to a point that could lead to an assassination attempt on Barack Obama? They are, according to one Kansas City woman, who sued the Republican presidential...

One injured in Clayton high-rise bombing.
October 17, 2008... Byline: Heather Cole and Angela Riley A bomb exploded Thursday morning in a Clayton parking garage under an office building that houses several law firms. Steve Murphy, a partner at law firm Devereux Murphy, a tenant of the Plaza in...

Polsinelli, Shughart agree to merge, creating fourth largest law firm in Missouri.
October 17, 2008... Byline: Heather Cole A merger of two Kansas City firms that will create Polsinelli Shughart is set for January. Polsinelli Shalton Flanigan Suelthaus and Shughart Thomson & Kilroy announced late Thursday that they were planning to merge....

Hunt for Clayton bomber continues.
October 20, 2008... Byline: Angela Riley, Heather Cole A shadowy individual wearing a trench coat and carrying balloons walked into a Clayton garage and placed a gift basket bomb next to Armstrong Teasdale senior counsel John Gillis' car the night before it...

Class action against Centene rebuffed by 8th U.S. Circuit Court of Appeals.
October 20, 2008... Byline: Donna Walter A federal appeals court upheld the dismissal of a securities fraud class action against Centene Corp. and its officers, saying the pleadings weren't spe-cific enough for the case to move forward. It's very difficult in...

Missouri voters concerned about future of national judiciary.
October 20, 2008... Byline: Allison Retka Even with the floundering economy heavy on the minds of voters, a recent poll by the Federalist Society indicates Missourians are still concerned about the future of the national judiciary. In a survey of 500 likely...

Commentary: An economic and communications breakdown.
October 20, 2008... Byline: Craig Napier Last week was another weird one, filled with a desire to shut off the ol' thinker and run on auto pilot. Baby-momma drama early in the week, drama that seems to be working out after some calming words for my client and...

National Academy of Elder Law Attorneys holds conference in Kansas City.
October 21, 2008... Byline: David Knopf Kansas City attorney Craig Reaves didn't set out to practice elder law, a specialty that didn't even have a name in 1980. It was by accident that Reaves, now president of the National Academy of Elder Law Attorneys,...

U.S. Supreme Court refuses appeal from Missouri death-row inmate.
October 21, 2008... Byline: Donna Walter The U.S. Supreme Court on Monday refused to take up the latest appeal by death-row inmate Dennis Skillicorn. I don't think he's in any immediate danger of being executed because of the lethal-injection case before the...

Companies appeal $99M verdict by Jackson County jury.
October 21, 2008... Byline: Charles Emerick The largest verdict returned by a Jackson County jury in the past four years is facing an appellate challenge. Three mortgage companies are fighting a $99 million verdict from January for their alleged role in a...

Missouri Supreme Court building's centennial ends with open house.
October 21, 2008... Byline: Angela Riley The celebration of the end of the Supreme Court Building's centennial year will kick off with a ribbon-cutting ceremony at 11:30 a.m. Thursday in the lobby as a rededication in honor of the historic building. Beth...

Cole County Circuit Judge Richard Callahan clears casino measure for ballot.
October 21, 2008... Byline: St. Louis Daily Record Staff Report A judge has cleared the way for Missouri voters to decide whether to eliminate loss limits at Missouri casinos. Cole County Circuit Judge Richard Callahan on Monday rejected the claims of two...

Former Republican U.S. Senator John Danforth targets ACORN, voter fraud.
October 22, 2008... Byline: Charles Emerick Election Day fraud, including its potential in Missouri, could lead to a national nightmare if it's not addressed, said one of the state's well-known political figures. During a press conference in Independence on...

Bombing in St. Louis parking garage places focus on emergency planning.
October 22, 2008... Byline: Angela Riley In an instant, everyone's day changed. After the explosion in the parking garage of 190 Carondelet last Thursday, all floors of the 16-story building had to be evacuated. Many employees in hurry to get out left keys,...

Opponents of trash districting program win in Eastern District Missouri Court of Appeals.
October 22, 2008... Byline: Angela Riley Opponents of the trash districting program implemented in unincorporated parts of St. Louis County won a victory on Tuesday when the Eastern District Missouri Court of Appeals ruled that St. Louis County had violated a...

St. Louis lawyer Roger Hemker dies at 75.(Obituary)
October 22, 2008... Byline: St. Louis Daily Record Staff Report St. Louis lawyer F. Roger Hemker died Monday. He was 75. Hemker was a longtime partner of Greensfelder, Hemker & Gale, the law firm that bears his father's name. He joined in 1958 and retired in...

T-Mobile continues suit against local utility taxes in St. Louis County.
October 23, 2008... Byline: Angela Riley T-Mobile soldiers on in a fight against local taxes on wireless providers, despite settlement agreements between other wireless providers and several municipalities. Last week, T-Mobile again sued 23 municipalities...

Carnahan Courthouse in St. Louis expected to reopen after water main break.
October 23, 2008... Byline: St. Louis Daily Record Staff A water main break shut down the Carnahan Courthouse Wednesday morning. At about 11:30 a.m. Wednesday a maintenance worker in the courthouse basement suddenly heard water gushing in, said Matt Murphy,...

$11K in rewards offered for tips in Clayton bombing.
October 23, 2008... Byline: Angela Riley Two rewards totaling $11,000 are being offered in hopes of finding the person or persons responsible for the bombing that injured Armstrong Teasdale senior counsel John Gillis in Clayton last week. An anonymous donor...

Hotline set up in Missouri for election fraud, voting rights violations.
October 23, 2008... Byline: St. Louis Daily Record Staff U.S. Attorney Catherine L. Hanaway announced Wednesday that she and John Bodenhausen, an assistant U.S. attorney in St. Louis, will be on duty during the Nov. 4 election to respond to complaints of...

Federal court rejects challenge to rebuilding of Taum Sauk hydroelectric plant in Missouri.
October 24, 2008... Byline: Donna Walter A federal appeals court on Thursday halted a challenge by environmental groups to AmerenUE's rebuilding of the Taum Sauk hydroelectric plant. A breach in the plant's upper reservoir flooded Johnson's Shut-Ins State...

8th Circuit upholds conspirator's longer sentence.
October 24, 2008... Byline: Donna Walter A federal appeals court in a 2-1 decision declined to follow the U.S. Sentencing Guidelines in a case that would have resulted in a lighter sentence for a late arrival to a drug conspiracy. U.S. District Judge Richard...

Republican vice presidential nominee Sarah Palin to be deposed in St. Louis.
October 24, 2008... Byline: Angela Riley Republican vice presidential nominee Sarah Palin is expected to give her deposition in St. Louis today in a probe of allegations that she improperly fired Alaska's public safety director, according to wire services....

I don't see dead people, but I keep their e-mails.
October 24, 2008... Byline: Robert L. Brenna Jr. The fact that I don't see dead people, in and of itself, should be of no surprise to anyone. On the other hand, I am finding e-mails from the recent past, or even long ago, from friends and acquaintances who...

Federal judge to hear dispute over Missouri's sex offender restrictions.
October 27, 2008... Byline: Donna Walter The ACLU and Missouri law enforcement will face off today in federal court over the civil rights group's attempt to prevent the state from enforcing a law that bans registered sex offenders from all Halloween-related...

Missouri attorneys seek better end-of-life options.
October 27, 2008... Byline: David Knopf It won't be all turkey and sweet potatoes when Reginald Turnbull's family gathers for Thanksgiving. Turnbull, a Jefferson City elder law attorney and incoming chair of the Missouri End of Life Coalition, has been known...

Commentary: Sometimes, talking to a criminal client is like talking to a 3-year-old.
October 27, 2008... Byline: Craig Napier In the please don't take your job home with you file, I have been trying to administer reasonable, results-oriented, age-appropriate discipline for the benefit of my almost 3-year-old son. I say his benefit, but I...

K.C. light rail advocates include law firms on route.
October 27, 2008... Byline: Scott Lauck When voters go the polls in Kansas City next week, a number of law firms are hoping their vote for light rail is a yes. Some of the city's largest law firms have contributed a sizeable chunk of money to the campaign in...

St. Louis Federalist Society event examines how Obama, McCain would approach judicial selections.
October 28, 2008... Byline: Angela Riley With the presidential election only a week away, the St. Louis Federalist Society hosted an event that examined each candidate's potential influence on the federal judiciary. The topic was discussed because so little...

Employee claims anti-Semitic environment at Kansas City-based Hallmark Cards.
October 28, 2008... Byline: Scott Lauck A former designer for Hallmark Cards has sued the Kansas City-based greeting card company, claiming he was fired in retaliation for complaining about religious and gender discrimination. According to the petition filed...

Murky Missouri Halloween law partially enjoined.
October 28, 2008... Byline: Donna Walter A federal judge on Monday granted the ACLU a preliminary injunction against enforcement of a law that prohibits registered sex offenders from having Halloween-related contact with children. But some of the provisions...

Jackson County drug court marks 15th year.
October 28, 2008... Byline: Charles Emerick As 25 graduates of the Jackson County Drug Court complete their goals this month, the program celebrates a pair of milestones that once seemed unattainable. During a ceremony on Monday, the drug court -- the first...

Pregnancy-based discrimination prohibited, says Missouri Court of Appeals Western District.
October 29, 2008... Byline: Donna Walter Despite lacking any express ban, the Missouri Human Rights Act prohibits pregnancy-based discrimination -- and it has for at least 24 years, a state appeals court said Tuesday. According to the Missouri Court of...