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

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

City violated about electricown ordinance rates.
September 1, 2004... Byline: Donna Walter The city of Sullivan, Mo., violated its own ordinance when it misclassified several businesses for electricity rates for eight years, said the Missouri Court of Appeals, Eastern District, as it affirmed the trial...

Suspected drunk driver adequately identified.
September 1, 2004... Byline: Emily Umbright Reinstating the driving privileges of a man who reeked of alcohol and admitted to drinking and driving went against the weight of evidence, the Missouri Court of Appeals, Eastern District, ruled on Tuesday. The...

Arbitrator to decide if agreement permits class-action arbitration.
September 1, 2004... Byline: Emily Umbright Companies had better update their arbitration clauses, otherwise an arbitrator will decide whether the agreement permits class-action arbitration, the Appellate Court of Illinois, Fifth District, held last week. ...

Seminar will train attorneys to handle veteran's benefit cases.
September 2, 2004... Byline: Emily Umbright With veterans making up 14 percent of Missouri's population, there has always been a need for legal advocates, but with recent developments in the Middle East, that need could be pushing for a little more. To...

Missouri Housing Commission offers millions to Missourians.
September 3, 2004... Byline: Erin Suess The Missouri Housing Development Commission slotted millions and millions of dollars for nonprofits, construction and rehab projects to improve real estate in communities across the state. Thanks in part to the housing...

Construction association brings owners, MBEs together.(Minority Business Enterprise)
September 3, 2004... Byline: Erin Suess Panel participants stressed honesty at the St. Louis Council of Construction Consumers Diversity seminar, calling it the main component necessary to increase minority presence in the construction industry. The...

Mortgage confusion stresses home buyers.(Perplexity Poll)
September 3, 2004... Byline: Mike Nixon Moving into a new home, divorce and the death of a loved one are said to be the three most stressful events one can experience. A connection to the anxiety associated with changing a place of residence was revealed last...

Glossary of office-development, leasing terms introduced.(National Association of Industrial and Office Properties)
September 3, 2004... Byline: Mike Nixon Buying and selling commercial real estate can be complicated. Having various owners, buyers, financiers and brokers using assorted words and phrases in an effort to convey the same message can lead to trouble. Sales can...

St. John's Mercy Hospital breaks ground on its new surgery center.(Brief Article)
September 3, 2004... Byline: staff When the St. John's Mercy Hospital Surgery Center debuts in December 2005, it will do more than expand the hospital's number of operating rooms. It also will serve as the foundation for the Washington, Mo., hospital's future...

Boeing expands to Riverport Tower in Maryland Heights.
September 3, 2004... Byline: staff Duke Realty Corp. announced that The Boeing Company has selected the Riverport Tower office building in Maryland Heights to occupy 90,000 square feet. This new lease, combined with recent leasing activity at Riverport Tower,...

Custody case ends in division, reversal.(Missouri)
September 3, 2004... Byline: Erin Suess Child custody cases are generally tough for the families involved, but a case before the Missouri Court of Appeals, Southern District, even divided an en banc panel that could not agree on whether the trial judge...

Cybersquatter not allowed to use infringing domain names.
September 3, 2004... Byline: Emily Umbright Freedom of expression does not outweigh trademark rights, the 8th U.S. Circuit Court of Appeals reiterated to a Minnesota cybersquatter who registered Web domain names that were confusingly similar to a group of...

Argent Capital Management's sr. analyst Scott Harrison earns certification.(Scott A. Harrison)(Brief Article)
September 4, 2004... Byline: staff Argent Capital Management's senior capital analyst, Scott A. Harrison, has earned chartered financial analyst certification. He is responsible for trading activities and stock market research for the company; he also manages...

Judge Bresnahan lauded at swearing-in ceremony at St. Louis County Courthouse.(St. Louis County Courthouse)
September 7, 2004... Byline: Emily Umbright Judge Richard Bresnahan was a man of many thanks as he took the judicial oath and stepped into his robe on Thursday in the Jury Assembly Room of the St. Louis County Courthouse. Credibility, respect and decency...

St. Louis attorney Dan Aubuchon remembered for his kindness and generosity.(Obituary)
September 7, 2004... Byline: Erin Suess >St. Louis attorney Daniel C. Aubuchon, known for his kindness throughout the legal community, passed away on Wednesday of an aneurysm. He was 56 years old. "I can tell you that Dan was a man who cared very much...

Missouri Bar annual convention coming to St. Louis in September.
September 7, 2004... Byline: staff It's that time of year again as the Renaissance Hotel in downtown St. Louis hauls out its finest china and tablecloths for The Missouri Bar's yearly meeting featuring CLEs, plenary sessions and social events galore. At...

DUI conviction reversed due to attorney conduct.(Driving Under the Influence)
September 8, 2004... Byline: Emily Umbright A defense attorney's professional errors merited a reversal for a man convicted of driving on a revoked license under the influence of alcohol, the Appellate Court of Illinois, Fifth District, determined last week....

Illinois state courts have no jurisdiction over unborn children.
September 8, 2004... Byline: Emily Umbright Sticking to the statutes, the Appellate Court of Illinois, Fifth District, determined last week that Illinois state courts have no jurisdiction over unborn children in custody disputes. "At this point, the State...

Justice Garman announces formation of 8th Circuit Judicial Screening group.( Rita B. Garman )(Brief Article)
September 8, 2004... Byline: staff Illinois Supreme Court Justice Rita B. Garman recently announced the formation of a Judicial Screening Committee for the Eighth Judicial Circuit. The screening committee was formed to assess the qualifications of those...

Repealed city ordinance may still be declared void.
September 9, 2004... Byline: Emily Umbright Repealing an ordinance does not do enough to invalidate its past effects, the Missouri Supreme Court determined on Tuesday in favor of a property owner who challenged a Sikeston, Mo., zoning classification under the...

Contested custody judgment demands written findings.
September 9, 2004... Byline: Erin Suess The tug of war in a child custody case ended in remand after the Missouri Court of Appeals, Eastern District, found the trial court failed to clarify issues involving the custody award and the parenting plan. Robert...

Court looks at question of regarded disability.(Americans with Disabilities Act of 1990)
September 9, 2004... Byline: Deborah Fauver How much circumstantial evidence is necessary to prove a regarded disability case under the Americans with Disabilities Act? Tough to tell, according to plaintiff's attorney Allan J. Eurek of Lincoln, Neb., in...

Society of Industrial and Office Realtors schedules meeting in St. Louis after 40-year hiatus.(Column)
September 10, 2004... Byline: Erin Suess The Society of Industrial and Office Realtors local chapter won big, along with the city of St. Louis, as it announced the national office's decision to hold its annual conference here in 2007. The international...

Government grants repeal of cuts to Section 8 funding.(Column)
September 10, 2004... Byline: Erin Suess A time of great worry is over for many Missouri residents aided by the government's Section 8 housing program. Previous cutbacks to the program left large gaps in the funding that provides low-income citizens with...

Inadequate preservation of claim bars federal review.
September 10, 2004... Byline: Emily Umbright After a series of appeals through the state and federal court systems, the quest for relief of a man sentenced to die for raping two women and pushing them and their cousin off the Chain of Rocks Bridge has ended....

Faulty septic system raises question of fraudulent contract.
September 10, 2004... Byline: Cathy Kingsley The stench of a real estate transaction made four years ago has followed George and Martha Hendon all the way to Dallas. In question is whether a drain field exists on a house that uses a septic system. The...

8th Circuit upholds post-verdict addition of state claims to federal sexual harassment case.
September 11, 2004... Byline: Deborah Fauver A post-verdict amendment to add state-law claims, which more than tripled a sexual harassment plaintiff's financial recovery, was affirmed recently by a unanimous panel of the 8th U.S. Circuit Court of Appeals. ...

Social Security records required to fix procedural irregularity in ERISA claim, says 8th Circuit.(Employee Retirement Income Security Act of 1974 )
September 11, 2004... Byline: Emily Umbright A benefits plan administrator's denial of ERISA benefits resulted in a "serious procedural irregularity," the 8th U.S. Circuit Court of Appeals ruled in a published, per curiam decision on Tuesday. The...

Woman gets another chance in Somali immigration case.
September 14, 2004... Byline: Erin Suess The 8th U.S. Circuit Court of Appeals granted a Somali woman, who fled her country on a fake passport following clan violence to her and her family, another chance to prove her fear of retaliation, should she be forced...

Settlement does not provide refund for power customers.
September 14, 2004... Byline: Emily Umbright Customers of Heartland Consumers Power District may not be getting a refund for overcharged power services, but if something causes rates to skyrocket, the consumers will be protected. The 8th U.S. Circuit Court...

Friendly dogs were hazard to injured deck contractor.
September 15, 2004... Byline: Donna Walter Dogs don't have to be vicious to be dangerous - or for their owners to be liable for injuries. On Tuesday, the Missouri Court of Appeals, Eastern District, affirmed a $200,000 award in favor of a contractor who was...

Court lacks authority to transfer venue in action against state arm.
September 15, 2004... Byline: Emily Umbright The St. Clair County Circuit Court had no authority to transfer a dispute between Southern Illinois University's board of trustees and the operator of a private student housing provider, the Appellate Court of...

Judges get high marks in bar associations' survey.
September 16, 2004... Byline: Emily Umbright Area lawyers are content with the performances of appellate and local circuit judges, as indicated by a voters' information survey conducted on behalf of The Missouri Bar, the Bar Association of Metropolitan St....

Special master of Sept. 11 fund speaks about social responsibility.(September 11 Victim Compensation Fund)
September 16, 2004... Byline: Donna Walter Lawyers who pursue and defend tort claims are familiar with the concept of calculating the value of a human life, but special problems arose in the administration of the September 11 Victim Compensation Fund, according...

Chief Justice White to deliver address at MoBar annual meeting.(Brief Article)
September 16, 2004... Byline: staff Missouri Supreme Court Chief Justice Ronnie White will deliver his annual address to the members of The Missouri Bar at their yearly meeting in St. Louis on Thursday, Sept. 30 at the Renaissance Grand Hotel. The speech...

8th US Circuit Court of Appeals remands case over denial of hot cargo defense.(KCI Construction Company Inc.)
September 17, 2004... Byline: Emily Umbright A district court might have enforced an unlawful hot cargo agreement when it affirmed a contractor's award for $112,721.15 in damages that incurred after its union workers went on strike, the 8th U.S. Circuit Court...

No evidence of unjust enrichment in business suit, rules MO Court of Appeals.(JB Contracting Inc., Mansions of the Hills I L.L.C)
September 17, 2004... Byline: Erin Suess When a business deal goes south, it's understandable to want to place the blame on someone. But when a businessperson points the finger at someone in a lawsuit, evidence proving unjust enrichment requires solid proof,...

Downtown St. Louis Partnership offers examples of revitalization of downtown area.
September 17, 2004... Byline: Erin Suess On the tail end of the success of River Splash, and in anticipation of the annual Fall Housing Tour, the Downtown St. Louis Partnership offered point-blank examples of the revitalization of the downtown area at a seminar...

Study finds municipalities considering billing apartment complexes for water consumption.
September 17, 2004... Byline: Mike Nixon What has traditionally been the best perk to renting an apartment? Free water. Well, it is not actually free. Smart landlords and property mangers have always determined an average monthly cost and split it among rents...

Home builders group calls for an end to lumber tariffs.
September 17, 2004... Byline: staff A decision last Friday by the U.S. International Trade Commission to abide by a recent North American Free Trade Agreement ruling that unequivocally states that Canadian lumber imports pose no threat to the domestic lumber...

High school student, Jefferson County school agree to $200,000 settlement.(Northwest R-I School District )
September 17, 2004... Byline: Cathy Kingsley More than 95 percent of cases are settled out of court. To settle, both parties must identify some settlement amount that makes them both better off than going to trial. In research done by Bruce Hay and Kathryn...

Missouri's brownfields redevelopment funding opens to new projects.
September 17, 2004... Byline: Erin Suess The Missouri Department of Natural Resources met with local investors, Realtors and interested St. Louisans to aid in the effort to revitalize Missouri, at a seminar presented by Professional Housing Resources Inc., held...

Apartment communities work to dispel overcrowding assumptions with report.
September 17, 2004... Byline: Mike Nixon Affordable housing advocates have long contended that many suburban municipalities intentionally block developers from building multifamily housing and use a variety of arguments to legally practice economic...

Legal Services of Eastern Missouri to hold annual awards lunch.
September 18, 2004... Byline: staff Legal Services of Eastern Missouri will honor individuals and organizations that support equal access to justice at its awards luncheon Friday, Oct. 8, at the Marriott Pavilion Hotel in downtown St. Louis. LSEM provides civil...

SEC commissioner to lead discussion of -OxlSarbanesey Act at MoBar meeting.(Securities and Exchange Commission)(Brief Article)
September 18, 2004... Byline: staff Harvey J. Goldschmid, a commissioner at the U.S. Securities and Exchange Commission, will lead a panel discussion called "Sarbanes-Oxley: Lessons Learned and Efforts to Restore Confidence in Corporate America," at The...

Justin W. Ruth joins Husch & Eppenberger as an associate in firm's family law practice.(Brief Article)
September 18, 2004... Byline: staff Justin W. Ruth has joined Husch & Eppenberger as an associate in the firm's family law practice group. He is a member of The Missouri Bar, the St. Louis County Bar Association and the Bar Association of Metropolitan St....

Elizabeth Gentry Sayad to receive Governor's Community Heritage Humanities Award.(Brief Article)
September 18, 2004... Byline: staff Elizabeth Gentry Sayad will be recognized with the Governor's Community Heritage Humanities Award that goes to individuals who have made a special contribution to a community's understanding of its heritage, the Missouri...

Jennifer L. Younce joins firm of Schowalter & Jabouri P.C., CPAs and Consultants.(Brief Article)
September 18, 2004... Byline: staff Jennifer L. Younce has joined the firm of Schowalter & Jabouri P.C., Certified Public Accountants and Consultants. The firm has more than 27 years of experience in providing accounting, tax, audit and consulting services.

Gary Sarachan promoted to hearing officer for St. Louis Civil Service Commission.(Brief Article)
September 18, 2004... Byline: staff Gary Sarachan has been promoted to hearing officer for the Civil Service Commission for the city of St. Louis. He will continue as a litigator and principal at the law firm of Capes, Sokol, Goodman & Sarachan P.C. He is...

Peter Maginot, Amy Bender-Levy and Robert Marcus join Lathrop & Gage.(Brief Article)
September 18, 2004... Byline: staff Peter Maginot, Amy Bender-Levy and Robert Marcus have joined Lathrop & Gage as of counsel and associates, respectively. Each will focus on toxic tort litigation, emphasizing asbestos defense. Maginot has 20 years of...

John Spaar elected 2005 president of the Missouri Press Association.(Brief Article)
September 18, 2004... Byline: staff John Spaar has been elected 2005 president of the Missouri Press Association. Co-publisher and advertising manager of The Odessan, he is a graduate of the University of Missouri School of Journalism who has worked for the...

Kevin Trokey promoted to chief operating officer at Welsch, Flatness & Lutz.(Brief Article)
September 18, 2004... Byline: staff Kevin Trokey has been promoted to chief operating officer at Welsch, Flatness & Lutz, an insurance, financial and risk services provider. He will supervise producers, recruit and develop the firm's corporate strategy and...

MO governor appoints Dr. Richard LaBore to Bi-state Development Agency Board.(Brief Article)
September 18, 2004... Byline: staff Gov. Bob Holden appointed Dr. Richard LaBore to the Bi-state Development Agency Board of Commissioners. A Lutheran pastor, he is chairman of the theology department at Lutheran High School South and serves on the St. Louis...

Clayco Construction promotes Tasha Turnbough to director-corporate communications.(Brief Article)
September 18, 2004... Byline: staff Clayco Construction Co. has promoted Tasha Turnbough to director-corporate communications. A 10-year employee, she has served positions in accounting, marketing and communications as well as provided assistance in the...

Tenant had duty to defend itself in lease dispute.(Emily Umbright)
September 22, 2004... Byline: Emily Umbright It wasn't the landlord's fault a witness called on behalf of a tenant didn't prove the tenant's defense, Missouri Court of Appeals, Eastern District, held on Tuesday, because the tenant never objected to the...

Missouri Bar members to examine civil rights milestones.(Public Notice)
September 22, 2004... Byline: staff Members of The Missouri Bar will have a chance to examine two important milestones in American history at their yearly meeting in St. Louis on Friday, Oct. 1, at the Renaissance Grand Hotel. From 10 a.m. until noon a...

Annexed residents had right to vote in water board election.
September 22, 2004... Byline: Donna Walter After a year of serving as a board member of the Public Water Supply District No. 1 in Butler County, Mo., Thomas A. Wright can rest assured that his position is secure from any further legal action from the defeated...

Judge Schroeder honored as a trailblazer by Women Lawyers' Assn.
September 23, 2004... Byline: Donna Walter St. Louis County Associate Circuit Judge Mary Pat Bruntrager Schroeder was honored Tuesday night by the Women Lawyers' Association of Greater St. Louis. In her final act as WLA president, Peg McCartney presented...

City's failure to fill out paperwork voids reckless driving conviction.
September 23, 2004... Byline: Emily Umbright If you want to get credit for your work, you better put your name on it. This, the Missouri Court of Appeals, Eastern District, told a municipality that let a reckless driver involved in a high-speed chase zip...

Federal summaries of opinions.
September 23, 2004... Byline: staff Civil Law Immigration; past persecution; Russia; Tartar nationality Petitioner, who appeals the denial of his application for asylum and withholding of removal, is a native of Russia and a citizen of the Russian...

Lunna Investments receives special development award.(Brief Article)
September 24, 2004... Byline: staff Lunna Investments Inc., a woman-owned renovation business in St Louis City, recently received a Southwest Garden Neighborhood Special Development Award at the Missouri Botanical Gardens. Floyd K. Wright Jr., president of...

Walton Construction begins construction of $3.5 million St. Louis Surgery Center.(Marasco & Associates)(St. Louis Surgery Center)(Brief Article)
September 24, 2004... Byline: staff Walton Construction Co. began the construction of the new $3.5 million St. Louis Surgery Center in Creve Coeur, Mo. The single-story facility will be a 23-hour outpatient surgery center with five operating suites,...

Newly renovated St. Louis buildings offer downtown touch of Art Deco.
September 24, 2004... Byline: Erin Suess Downtown St. Louis received a little more class last week at the unveiling of The Thaxton Building, formerly known as the Kodak Building, located at 1009 Olive Street, as well as its counterpart, The Cosmopolitan...

American Society of Home Inspectors suggest autumn is time to get house inspected.
September 24, 2004... Byline: Mike Nixon Wednesday was the first day of autumn, and in case this weekend's "to do" list did not include getting the house inspected for winter, members of the American Society of Home Inspectors suggest that now is the prime time...

Brinkmann Constructors completes $5.3 million Junior Achievement facility in Chesterfield, Mo.
September 24, 2004... Byline: staff The start of the school year also means the start of a new era in business education programs by Junior Achievement of Mississippi Valley. Brinkmann Constructors recently completed JA's new regional headquarters at 17339 N....

MO Court of Appeals rules apprentices not included in wage rate calculations.
September 24, 2004... Byline: Erin Suess An apprentice is not a journeyman and cannot be counted as such when setting the prevailing wage rate in Missouri, ruled the Missouri Court of Appeals, Eastern District, on Tuesday, affirming the Labor and Industrial...

Associate General Contractors offers its members new online resource center.
September 24, 2004... Byline: Mike Nixon In its latest move to head off a practice viewed as threatening for many construction professionals, the Associate General Contractors has launched an online resource center where members across the nation can find...

St. Louis' John P. McNearney to chair ABA real property committee.(American Bar Association)
September 24, 2004... Byline: Erin Suess John P. McNearney, a partner with Blackwell Sanders Peper Martin in St. Louis, has been tapped to lead the American Bar Association Real Property Section's Workout, Foreclosures and Bankruptcy Committee as its chair for...

Lawyers Association of St. Louis honors Judge E. Richard Webber.
September 25, 2004... Byline: Donna Walter The Lawyers Association of St. Louis honored U.S. District Judge E. Richard Webber at a ceremony on Thursday night for his 25 years as a judge - as a state judge for the 1st Judicial Circuit and as a federal judge for...

Alcoholism sufficient to uphold sexually violent predator ruling.
September 25, 2004... Byline: Erin Suess Multiple allegations of sexual abuse, coupled with alcoholism and a rape conviction, are all the evidence the state needs to brand a prisoner as a sexually violent predator, ruled the Missouri Court of Appeals, Southern...

Judge Richard Arnold remembered as exceptional federal judge, scholar.(Obituary)
September 28, 2004... Byline: Erin Suess Judge Richard Sheppard Arnold, senior judge of the 8th U.S. Circuit Court of Appeals, passed away on Thursday, Sept. 23, from complications of lymphoma. He was 68 years old. A fixture on the 8th Circuit, Arnold took...

Criminal appeals order issued by 8th Circuit.
September 28, 2004... Byline: Donna Walter Federal prosecutors and criminal defense attorneys have just received some much-needed guidance from the 8th U.S. Circuit Court of Appeals on how that court will deal with criminal appeals involving issues related to...

Commentary: Brown vs. Board anniversary celebrates 'equal justice under law'.
September 29, 2004... Byline: William Corrigan Law Day is an annual celebration of the rule of law. The founder of Law Day, the late ABA President Charles S. Rhyne, introduced the idea of a day specially set aside to demonstrate that "respect for the rule of...

Jeffrey Davis raises call for YLS pro bono project.(Young Lawyers Section's project to encourage young lawyers)
September 29, 2004... Byline: Erin Suess With the new legal year set to begin at The Missouri Bar annual meeting, Jeffrey T. Davis has a lot on his plate. First, as shareholder of his law firm, his packed days run 12 hours long. Then there's the small...

Bill Corrigan looks back at successful year as Mobar leader.(Missouri Bar)
September 29, 2004... Byline: Emily Umbright After traveling the four corners of the state to spread the word on Missouri Bar initiatives, Missouri Bar President Bill Corrigan can call the experience of his leadership a success as well as a revelation. ...

Strict-liability claim may be brought against boat builder.(Angela L. Miller vs. Rinker Boat Co. Inc.)
September 29, 2004... Byline: Emily Umbright The wife of a man who slipped off a boat and drowned in the Mississippi River may bring her strict-liability claim against the boat manufacturer, the Appellate Court of Illinois, Fourth District, held last Tuesday....

Missouri Bar Assn.'s new president sets agenda.(Joe B. Whisler )
September 29, 2004... Byline: Donna Walter Kansas City attorney Joe B. Whisler, incoming president of The Missouri Bar, said his agenda for the upcoming bar year found him. High on his priority list is updating the durable health care power of attorney and...

Two attorneys from same small firm to be honored with awards.(Missouri Bar Awards)
September 29, 2004... Byline: Stephanie Mitchum Murphy When the recipients of the Missouri Bar's annual awards are announced Friday night, one Independence, Mo. law firm will have reason to celebrate. Two attorneys from Welch, Martin & Albano, LLC will be...

Court erred by allowing attorney to withdraw from parental rights termination.
September 29, 2004... Byline: Donna Walter A woman whose baby was removed from her care two days after birth now has another chance to contest the termination of her parental rights. On Tuesday, the Missouri Court of Appeals, Eastern District, said the St....

Commentary: Using law professors and other qualified counselors.(Column)
September 29, 2004... Byline: Jim Wirken We are still talking about the third area of the five areas that make up every business in the world. The third area, as you know, is "getting the work done." The other four areas are in order in which we will be...

Applicants sought for vacancy on Court of Appeals, Eastern District.
September 30, 2004... Byline: staff The Appellate Judicial Commission now is accepting applications for the position of judge of the Missouri Court of Appeals, Eastern District, to fill the vacancy due to Judge Mary Rhodes Russell's appointment to the Supreme...

Default judgments were erroneously set aside.
September 30, 2004... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, reinstated on Tuesday the default judgment awards of a man who took action against his auto repairers, determining neither defendant failed to specify facts that would...

Distinguished panel to discuss juvenile death penalty decisions.
September 30, 2004... Byline: staff An upcoming seminar will examine conflicting case law regarding age limits when applied to the death penalty in "Age and the Death Penalty." The lecture will be co-sponsored by the Federalist Society's Criminal Law &...