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

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

8th U.S. Circuit Court rules that violent video games have First Amendment protection.
September 2, 2003... Byline: Michelle Kowalski Fifteen years ago, the suburban Boston town of Marshfield, Mass., banned freestanding video games like Pac Man much to the dismay of local merchants.The beach town that now has a population of 25,000 in the winter...

8th Circuit says MO rule on appointment of counsel doesn't fully comply with federal act.
September 2, 2003... Byline: Donna Walter Missouri Supreme Court Rule 29.16, which provides for the appointment of counsel in post-conviction efforts to set aside death sentences, does not comply fully with the federal Antiterrorism and Effective Death Penalty...

Supreme Court rule not in compliance with federal antiterrorism act.
September 3, 2003... Byline: Donna Walter Missouri Supreme Court Rule 29.16, which provides for the appointment of counsel in post-conviction efforts to set aside death sentences, does not comply fully with the federal Antiterrorism and Effective Death Penalty...

Latest study by trial lawyers assn. renews debate over medical malpractice.
September 3, 2003... Byline: Emily Umbright Recent medical malpractice statistics suggest a dip in insurance case filings, fueling more debate and prompting opponents of medical malpractice caps to develop controversial interpretations. "The downward trend...

Latest study renews debate over medical malpractice.
September 4, 2003... Byline: Emily Umbright Recent medical malpractice statistics suggest a dip in insurance case filings, fueling more debate and prompting opponents of medical malpractice caps to develop controversial interpretations."The downward trend of...

Lawyers needed for MoBar mentoring program.
September 4, 2003... Byline: Emily Umbright The Missouri Bar is on the look out for women and minority lawyers in the St. Louis area to participate in its Mentoring Program."We're looking for minority mentors and proteges throughout the state," organizer Jim...

Workers' comp offsets allowed under ERISA, rules 8th Circuit.
September 4, 2003... Byline: Emily Umbright Employee benefit plans can offset money for compensation, as long as it's in accordance with the company's compensation goals, but they cannot offset monetary compensation for legal fees, the 8th U.S. Circuit Court...

Renovated building to be new home for Windows on Washington.
September 5, 2003... Byline: Erin Piel By Erin PielStaff WriterIn addition to beef tenderloin and chicken marsala, moving is also on the menu for the catering and banquet center Windows On Washington, which is owned by Thomas W. Klein Catering Inc. Located in...

Four clerks, court reporter retire from Jefferson County court.
September 5, 2003... Byline: Cathy Kingsley State employees who might not have retired for a few more years couldn't pass up the opportunity that was offered to them to retire earlier. Under the early retirement incentive provided for in Senate Bill 248,...

Workers' comp offsets allowed under ERISA.
September 5, 2003... Byline: Emily Umbright Employee benefit plans can offset money for compensation, as long as it's in accordance with the company's compensation goals, but they cannot offset monetary compensation for legal fees, the 8th U.S. Circuit Court...

Seminar addresses diversity issue in construction.
September 5, 2003... Byline: Erin Piel On the 40th anniversary of the March on Washington and Dr. Martin Luther King's infamous speech about the dream he had of a diverse America, local construction professionals met to discuss diversity issues within the...

Construction safety team continues improvement efforts.
September 5, 2003... Byline: Mike Nixon As the second anniversary of the worst building disaster in history approaches, construction professionals continue their efforts to identify structurally what happened to the World Trade Center twin towers when they...

Realtors focus on protecting professionals.
September 5, 2003... Byline: Mike Nixon Members of the National Realtors Association and their related state chapters are promoting a first-ever Realtor Safety Week, Sept. 14-20. Noting the frequent contact those on the sales end of the real estate industry...

MO Supreme Court Judge Richard Teitelman receives Lifetime Achievement Award for service to blind.
September 6, 2003... Byline: Emily Umbright Recognized for his considerable offerings to the community and his efforts to improve the lives of the blind and visually impaired, Missouri Supreme Court Judge Richard B. Teitelman will be revered with a Lifetime...

8th U.S. Circuit Court of Appeals ends woman's claims of gender discrimination and sexual harassment.
September 6, 2003... Byline: Donna Walter A woman's claims for gender discrimination and sexual harassment against her supervisor and a co-worker came to an end Wednesday when the 8th U.S. Circuit Court of Appeals said her supervisor is entitled to qualified...

Intimidation used to quell free speech over assessments.
September 9, 2003... Byline: Emily Umbright A case involving a four-year, $85,559 property valuation increase that led an Iowa man to post protest signs in his yard and ultimately sue his city, county and public officials for inflicting emotional distress and...

Women Lawyers' Association honors MO Court of Appeals Judge Russell.
September 9, 2003... Byline: Donna Walter Missouri Court of Appeals Judge Mary Rhodes Russell was honored by the Women Lawyers' Association of Greater St. Louis at the group's annual installation banquet, held Monday night at the Forest Park Golf Club. In...

Women Lawyers' Association honors Judge Russell.
September 10, 2003... Byline: Donna Walter Missouri Court of Appeals Judge Mary Rhodes Russell was honored by the Women Lawyers' Association of Greater St. Louis at the group's annual installation banquet, held Monday night at the Forest Park Golf Club.In...

Boy injured on neighbor's swing set considered invitee.
September 10, 2003... Byline: Emily Umbright Seven years ago, a 9-year old boy fell off a backyard jungle gym, gouging his arm on an uncovered bolt. Due to a reversed decision in the Missouri Court of Appeals, Eastern District, he may finally receive monetary...

Company held liable for employee's lapsed benefits.
September 11, 2003... Byline: Deborah Fauver A Kansas City company whose delay in providing benefit paperwork prevented a fired employee from converting benefit coverage must pay more than $20,000 in statutory penalties, as well as provide a $39,000 life...

Judge McMillian honored at portrait unveiling.
September 12, 2003... Byline: Emily Umbright Judges from the 8th U.S. Circuit Court of Appeals convened for a special en banc session Wednesday to recognize the Honorable Theodore McMillian, senior judge, with a portrait presentation at the Thomas F. Eagleton...

Marc Fried begins job as Jefferson County counselor.
September 12, 2003... Byline: Cathy Kingsley Marc Fried is now doing what he was gearing up to do when he went to law school. As the new Jefferson County counselor, he will advise the government with regard to a wide range of legal issues facing the...

HOK recognized as top international architect-design firm.
September 12, 2003... Byline: Erin Piel Construction isn't only booming in the United States. Countries around the world are also experiencing growth within the industry, and U.S. firms are picking up a sizable portion of that work, evidenced by the $18.2...

New subdivision to rise in Jefferson County.
September 12, 2003... Byline: Erin Piel People looking to move to Hillsboro will soon have a new subdivision to choose from. Alpha & Omega Construction is building a new 85-acre development - Eagle Ridge Estates - off of Highway 21, adjacent to Hillsboro Middle...

Mistrial declared in car accident trial where plaintiff sought $500,000-plus.
September 12, 2003... Byline: Cathy Kingsley Jury members could not agree on the outcome of a personal injury case that had at stake more than a half million dollars.Roy Fortner's lawsuit against Deborah Connor and Southeast Missouri Community Treatment Center...

Second phase of development begins in Chesterfield Valley.
September 12, 2003... Byline: Erin Piel Ten years ago Chesterfield Valley was nearly completely covered by floodwaters. Today, THF Realty is moving forward with its second phase of development at the nation's largest power strip center - Chesterfield Commons -...

Real estate professionals say market movement must be kept in context of bigger picture.
September 12, 2003... Byline: Mike Nixon Working real estate professionals contend that looking at market movement needs to be kept in context of the bigger picture. David Lereah, chief economist with the National Association of Realtors, responded to a report...

Centex Construction, Lee and Associates selected as contractor for Pentagon Memorial.
September 12, 2003... Byline: Mike Nixon Attention to the fine points is not only necessary when it comes to planning and constructing buildings and bridges. The same detailed design-build procedures that have proven beneficial in more traditional private and...

David C. Knieriem opens law office in Clayton.
September 13, 2003... Byline: staff David C. Knieriem has opened a law office, the Law Offices of David C. Knieriem, in Clayton. He will focus his practice on personal injury cases. He has extensive experience dealing with the insurance industry. Knieriem is...

Tarlton Corp. names new project manager.
September 13, 2003... Byline: staff Thomas Huster has been promoted to project manager at Tarlton Corp. He served as one of the two lead engineers on Tarlton's recent completion of a new coal transfer terminal for AmerenUE, a project that was recognized...

Bryan Cave L.L.P. adds to staff.
September 13, 2003... Byline: staff C. Brendan Johnson has joined the St. Louis and Chicago offices of Bryan Cave L.L.P. and will split his time between the two offices. He is a member of the firm's Corporate Finance & Securities; Entrepreneurial, Technology &...

Suelthaus & Walsh P.C. adds to Trust, Estate Planning and Admin. Dept.
September 13, 2003... Byline: staff Dawn T. Christoffersen has joined Suelthaus & Walsh P.C. in its Trust, Estate Planning and Administration Department. She will focus her practice on comprehensive estate planning for clients with issues involving wealth...

Law firm of Husch & Eppenberger adds four to staff.
September 13, 2003... Byline: staff James Saunders has joined the law firm of Husch & Eppenberger L.L.C. as an associate in its Intellectual Property & Technology Practice Group. He will concentrate his practice on prosecuting patent applications as well as...

Nath & Rosenthal L.L.P. adds associate to staff.
September 13, 2003... Byline: staff Karen M. Jordan has joined Sonnenschein Nath & Rosenthal L.L.P. as an associate in the firm's corporate practice group. She will focus her practice on public finance. Jordan received her J.D. in 2000 and bachelor's degree in...

Rubin, Brown, Gorenstein & Co. hires mgr. of Internal Audit Services Group.
September 13, 2003... Byline: staff Chelle F. Richmond has joined Rubin, Brown, Gornstein & Co. L.L.P. as a manager in the firm's Internal Audit Services Group. She brings more than eight years of experience in the accounting industry to the firm. As part of...

Law firm of Gallop, Johnson, Neuman L.C. adds three associates.
September 13, 2003... Byline: staff Kathie Dudley, Carl Geraci and Jalesia McQueen have joined the law firm of Gallop, Johnson & Neuman L.C. as associates.Dudley will concentrate her practice in the areas of financial and estate planning. Her experience...

Negligence dispute over water main break at junior college to be decided by Missouri Supreme Court.
September 13, 2003... Byline: Donna Walter ***** CORRECTION: In the Thursday Sept. 13 story "Negligence dispute over water main break at junior college to be decided by Missouri Supreme Court," both the headline and the lead paragraph erroneously referred...

Seminar addresses medication errors, legal repercussions.
September 13, 2003... Byline: Emily Umbright Legal responsibilities for health practitioners involved with medication errors will be the topic of a seminar hosted by the American Association of Legal Nurse Consultants, St. Louis Chapter, on Friday, Oct....

Tort reform legislation proponents say it will return next session.
September 16, 2003... Byline: Emily Umbright In the struggle for doctors to obtain affordable malpractice insurance, the Missouri legislature upheld Gov. Bob Holden's veto of Senate Bill 280 on Thursday setting supporters of the bill back a step after a year of...

Insurer not liable for auto accident claim.
September 16, 2003... Byline: Donna Walter A taxicab passenger injured in a 1991 accident will not be able to pursue a garnishment action against the cab company's insurer because the car he was in was owned by the cab company's owners for their personal use...

Denial of mother's motion to withdraw her consent to terminate parental rights reversed over untimely signature.
September 17, 2003... Byline: Emily Umbright A St. Louis County trial court's decision to deny a mother's motion to withdraw her consent to terminate parental rights was reversed by the Eastern District of the Missouri Court of Appeals on Tuesday.In denying the...

Company's annual fishing trip a deductible business expense.
September 17, 2003... Byline: Donna Walter A company fishing trip at a resort in Canada has a bona fide business purpose, and the expenses associated with the trip are deductible as a business expense, said the 8th U.S. Circuit Court of Appeals, reversing a...

Allegiant Bank in DeSoto found liable for processing forged check.
September 19, 2003... Byline: Cathy Kingsley It was a regular "Catch Me If You Can" caper in DeSoto that featured the forgery of a check for $80,000. Like Frank Abagnale, who was portrayed in the movie, the protagonist in this case was eventually caught.Kevin...

8th U.S. Circuit Court of Appeals rules FBI not protected by sovereign immunity in lawsuit.
September 19, 2003... Byline: Emily Umbright A man who alleged the FBI performed a series of spy measures that invaded his life and violated his First and Fourth Amendment rights will get his day in court. The 8th U.S. Circuit Court of Appeals reversed an...

Panel of nominees named for vacancy on Missouri Court of Appeals, Eastern District.
September 19, 2003... Byline: staff Ronnie L. White, chief justice of the Supreme Court of Missouri and chair of the Appellate Judicial Commission, today announced that the Commission has submitted to Gov. Bob Holden its panel of nominees to fill a vacancy on...

Housing costs outreach pay for many working singles.
September 19, 2003... Byline: Mike Nixon Cathy (not her real name) works as a legal assistant for a well-known St. Louis law firm. As a single mother, this 27-year-old woman realizes that she and others in her situation have to make some sacrifices in life just...

Request deadline set for low-income housing credits.
September 19, 2003... Byline: Mike Nixon While advocates call for an increase in affordable housing, state agencies report a boost in demand for low-income housing tax credits by individuals and corporations investing in the rehabilitation or construction of...

National Association of Home Builders finds renovations boost construction activity.
September 19, 2003... Byline: Mike Nixon Residential remodeling increased in its share of home construction activity for the second quarter, according to the National Association of Home Builders. "Surging home sales, steadily rising home values and a low...

Product liability suit filed against maker of primer sealer, Imperial-based Masterchem Industries.
September 19, 2003... Byline: Cathy Kingsley A routine paint job turned into a minor explosion for a painter in British Columbia, Canada. Tamara Skewes had purchased a primer sealer known as KILZ from Masterchem Industries Inc., a manufacturer and distributor...

Development of downtown St. Louis important for area and for state.
September 19, 2003... Byline: Erin Piel Considering the flurry of construction and redevelopment activity the St. Louis region has seen during the past year, the Bar Association of Metropolitan St. Louis, in conjunction with Professional Housing Resources Inc....

University City tour showcases variety of houses, gardens.
September 19, 2003... Byline: Erin Piel House and neighborhood tours are a cultural staple in St. Louis that feature the elevation of neighborhoods, the diversity of its population and quality housing. University City's 33rd annual House and Garden Tour took...

National Conference of Metropolitan Courts addresses state budget cuts at its annual meeting in St. Louis.
September 20, 2003... Byline: Donna Walter Judges must find a way to teach legislators that both branches of government are on the same team. That was the message Missouri Supreme Court Judge Stephen N. Limbaugh Jr. conveyed to members of the National...

Accounting, consulting firm of Schowalter & Jabouri adds to staff.
September 20, 2003... Byline: staff Lisa T. Rademeyer has joined the accounting and consulting firm of Schowalter & Jabouri P.C.

Schowalter & Jabouri worker receives Certified Fraud Examiner certification.
September 20, 2003... Byline: staff James K. Torti of Schowalter & Jabouri P.C. has received the Certified Fraud Examiner designation from the Association of Certified Fraud Examiners. The association's board of regents awards this designation to select...

Ross & Baruzzini Inc. names new VP in the facilities division.
September 20, 2003... Byline: staff John Palmieri has been promoted to vice president in the facilities division of the engineering and architectural firm Ross & Baruzzini Inc. He has more than 35 years of experience in electrical systems design and has been...

Husch and Eppenberger adds new associate to staff.
September 20, 2003... Byline: staff Jonathan W. Giokas has joined Husch and Eppenberger L.L.C. as an associate in the firm's Land Use Development and Financing Practice Group. Giokas earned his law degree from Boston College Law School in 2003 and his...

Hellmuth, Obata + Kassabaum promotes senior associate.
September 20, 2003... Byline: staff William A. Burmeister has been promoted to senior associate in the St. Louis office of Hellmuth, Obata + Kassabaum Inc. Burmeister, a member of HOK's architecture group, is currently project architect for the Washington...

Clayco Construction hires project director.
September 20, 2003... Byline: staff Robert Fritz has joined Clayco Construction Co. as a project director. As a project director at Clayco, Fritz will join the company's project management team and work in new business development. Prior to joining Clayco, he...

Husch & Eppenberger adds associate to staff.
September 20, 2003... Byline: staff Cori Pulver has joined Husch & Eppenberger L.L.C. as an associate in the firm's Tax & Estate Planning Practice Group. She will concentrate her practice in the area of estate planning. Prior to joining Husch, Pulver was a...

Law firms announce merger.
September 20, 2003... Byline: staff The law firms of Fox, Gallagher & Finley L.L.P. and Heller & Heller P.C. have merged into a new firm, Fox, Heller, Gallagher & Finley L.L.P. The partners are: G. Richard Fox, Sally I. Heller, Timothy J. Gallagher and Jennifer...

Govt. e-Management Solutions expands service area.
September 20, 2003... Byline: staff Robert Zelasko, a regional sales manager for Government e-Management Solutions Inc., recently expanded the regions the company serves to include the states of Washington and Oregon. Zelasko focuses on developing long-term...

Volunteers sought for Family Court Juvenile Committee.
September 23, 2003... Byline: Emily Umbright The St. Louis County Family Court is in need of 18 volunteers to work with first-time, nonviolent youth offenders in settling their cases in ways that benefit the community as part of the court's Juvenile Conference...

New commission seeks to decrease malpractice claims.
September 24, 2003... Byline: Emily Umbright As trial attorneys and doctors continue to find an equilibrium amidst the medical malpractice debate, Gov. Bob Holden has created the Missouri Commission on Patient Safety, a 17-member think tank that will devise...

MO Court of Appeals finds Second Injury fund responsible for accident victim's expenses.
September 24, 2003... Byline: Donna Walter The Second Injury Fund is responsible for paying funeral expenses and weekly death benefits to the family of a driver who was killed in a tractor trailer accident in 1987. On Tuesday, the Missouri Court of Appeals,...

MO Court of Appeals rules that sovereign immunity does not apply to lawsuit over towing.
September 25, 2003... Byline: Emily Umbright Remanding a civil suit brought by the owners of a Mercedes Benz, the Missouri Court of Appeals, Eastern District, ruled that sovereign immunity does not apply to the city of St. Louis in its defense against the...

MO Court of Appeals finds Second Injury Fund responsible for funeral expenses, death benefits.
September 25, 2003... Byline: Donna Walter The Second Injury Fund is responsible for paying funeral expenses and weekly death benefits to the family of a driver who was killed in a tractor trailer accident in 1987.On Tuesday, the Missouri Court of Appeals,...

Woman who refused breath test has license revoked by Missouri Court of Appeals.
September 26, 2003... Byline: Emily Umbright The driver's license of a woman involved in a collision while allegedly driving drunk was reinstated after a St. Louis City circuit court found that her license had been improperly revoked due to the woman's refusal...

Judge Patricia Cohen appointed to Missouri Court of Appeals, Eastern District.
September 26, 2003... Byline: Emily Umbright Gov. Bob Holden appointed Judge Patricia L. Cohen to the Missouri Court of Appeals, Eastern District, on Thursday, replacing Judge Paul J. Simon, who retired."Judge Cohen has great depth of legal experience both on...

Financial experts warn borrowers against buying more house than they can afford.
September 26, 2003... Byline: Mike Nixon With low interest rates and available inventory, many buyers have spent the last few years moving into as much house as they could qualify for or moving up just because they could presumably get more house for the money....

Salvaged materials from Maplewood project to help Habitat for Humanity St. Louis.
September 26, 2003... Byline: Erin Piel While the demolition of a building is usually associated with trash and disposal, THF Realty and Habitat for Humanity St. Louis are changing that notion. Most recently, the two have teamed together to salvage building...

Residential real estate returning to more realistic pace; increased effort needed to move property.
September 26, 2003... Byline: Mike Nixon The market was hot. Interest rates were low. Everyone seemed to be buying. So why haven't some homes sold?Several reasons, according to real estate experts who note that after the biggest boom they will probably see in...

Owners of dog and Byrnes Mill Mobile Home Park sued after child was bit by pit bull.
September 26, 2003... Byline: Cathy Kingsley It has taken nearly three years to track down the defendants in a case involving a terrier pit bull attack.The pit bull charged Andrew Harris on Sept. 17, 1998, viciously attacked him, bit him numerous times on the...

Homeowner sues Crystal City for damage from water tower.
September 26, 2003... Byline: Cathy Kingsley Water seems to create a lot of problems in Jefferson County - whether it's getting enough of it or trying to get rid of it. In the case of Oscar McCline III, he has more than his share.On August 28, 2002, McCline...

St. Louis's new Contemporary Art Museum features unique design, construction.
September 26, 2003... Byline: Erin Piel The Contemporary Art Museum St. Louis, considered by many to be one of the Midwest's leading centers for modern arts, entered a new era over the weekend. The museum opened its new 27,000-square-foot facility at 3750...

Kevin DeSain appointed to Missouri Board for Architects.
September 27, 2003... Byline: staff Kevin DeSain was appointed to the Missouri Board for Architects, Professional Engineers, Professional Land Surveyors and Landscape Architects as a member of the Land Surveying Division by Gov. Bob Holden. His term will expire...

Gerald M. Rehagen promoted to tax manager at Rubin, Brown, Gornstein & Co. L.L.P.
September 27, 2003... Byline: staff Gerald M. Rehagen has been promoted to tax manager at Rubin, Brown, Gornstein & Co. L.L.P. With nearly 30 years of accounting experience, Rehagen provides income tax compliance services, tax planning and research for closely...

Gartenberg Law Firm P.C. relocates its office.
September 27, 2003... Byline: staff The Gartenberg Law Firm P.C. has relocated its office to Magna Place, 1401 S. Brentwood Blvd., Suite 475.

David Buckley promoted to vice president of Hellmuth, Obata & Kassabaum.
September 27, 2003... Byline: staff David Buckley has been promoted to vice president in the Louis office of Hellmuth, Obata & Kassabaum Inc. He is a member of HOK's architecture group and most recently completed work as a designer on the Southwest Regional...

Robert Knoll joins Ascent Corp. as systems engineer.
September 27, 2003... Byline: staff Robert Knoll has joined Ascent Corp. as a systems engineer. As part of Ascent's information technology group, he will advise customers on IT needs and troubleshoot problems with existing infrastructure. Prior to joining...

St. Louis judges received recognition at Lawyer's Association award dinner.
September 27, 2003... Byline: Emily Umbright St. Louis lawyers met Thursday night under the crystal chandeliers at the Missouri Athletic Club to recognize and award St. Louis metropolitan judges during the Lawyer's Association of St. Louis' judicial...

St. Louis Society for Blind honors Teitelman for lifetime achievements.
September 27, 2003... Byline: Erin Piel One's sight, in addition to the rest of the senses, are taken for granted by most people, except for those who are not able to see or are visually impaired to some degree. Last evening, the St. Louis Society for the Blind...

Gregory E. Upchurch joins Husch & Eppenberger L.L.C.
September 27, 2003... Byline: staff Gregory E. Upchurch has joined Husch & Eppenberger L.L.C. as of counsel in the firm's General Business Litigation and Intellectual Property & Technology Practice Groups. He concentrates his practice in the areas of...

Study by Ipsos Public Affairs for FindLaw finds fewer people getting wills.
September 29, 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,...

The Bar Plan Board announces dividend for its policyholders.
September 30, 2003... Byline: staff The Board of Directors of The Bar Plan Mutual Insurance Company recently declared a dividend for eligible policyholders.Policyholders qualify if, for the three-year period ending Dec. 31, 2002, they were continuously insured...