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

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

Commentary: Analysis leaves no silence to hear the cheers.
September 2, 2008... Byline: Craig Napier I think I hate the news these days. Or at least the people who do the news these days. Last week I spent some time in the evenings watching the Democratic National Convention. I think the 24-hour news channels killed...

8th U.S. Circuit Court of Appeals: Denial of sign permit can be challenged.
September 2, 2008... Byline: Donna Walter A man protesting St. Louis' use of eminent domain with a three-story mural got the go-ahead from a federal appeals court to pursue his claims against one of the city agencies that denied his application for a sign...

Missouri public defenders negotiate slow down of caseload.
September 2, 2008... Byline: Kelly Wiese This week, public defenders in two offices could start turning away some new cases. But they're not going to quite yet. Cathy Kelly, deputy director with the Missouri State Public Defender's Office, said officials with...

Three Missouri appeals follow rulings after jury $1.4M verdict.
September 2, 2008... Byline: Charles Emerick It is now up to an appellate court to sort out the messy details of a March verdict. All three parties involved in a $1.4 million verdict recently appealed the post-trial rulings by the trial judge to the Missouri...

Residents sue St. Louis County over trash districts.
September 2, 2008... Byline: Angela Riley In an effort to prevent St. Louis County from dividing its unincorporated areas into eight different trash districts, two residents filed suit alleging that the county violated its own charter by not allowing citizens...

Cole County hog suits could get boost.
September 2, 2008... Byline: Charles Emerick If a recent order out of Cole County stands, attorneys with nuisance lawsuits against large corporate hog farms could stand to benefit. Circuit Judge Patricia Joyce last week barred the construction of a...

Man acquitted of molesting child wins $16M in suit against ex-wife and Lee's Summit officer.
September 3, 2008... Byline: Angela Riley A man served five years in prison before he was acquitted of molesting his adopted daughter was awarded $16 million by a federal jury in a suit against his ex-wife and a Lee's Summit police officer. Theodore W. White...

Man speaks out after Cole County Circuit judge frees him from prison.
September 3, 2008... Byline: Kelly Wiese A man convicted of murder in 1985 for a gas station killing but freed from prison by a judge last month says the justice system broke down. Cole County Circuit Judge Richard Callahan ruled last month that Darryl...

Missouri ballot lawsuit adds only two to count.
September 3, 2008... Byline: Scott Lauck Two ballots. Of all the disputed provisional and absentee ballots in the Democratic primary for the Missouri attorney general race, only two will be reconsidered, according to a joint stipulation signed Tuesday in Clay...

8th U.S. Circuit Court of Appeals: Numbers unnecessary in harassment filing.
September 3, 2008... Byline: Donna Walter A former civilian employee for the Navy recruiting district office in Kansas City may pursue her sexual harassment claims, the 8th U.S. Circuit Court of Appeals said Tuesday. But the plaintiff, Gina Jenkins, may not...

More detailed Missouri judicial evaluations due today.
September 4, 2008... Byline: Donna Walter Yes or no. The question faces voters in every election cycle when they must decide whether appointed judges should keep their jobs. This year, the choice should be a bit easier. In an effort to give voters the ability...

St. Louis Circuit Court holds off on final approval of BJC settlement.
September 4, 2008... Byline: Kelly Wiese Uninsured patients who were treated at BJC hospitals could start seeing lower bills under a settlement pending in a St. Louis courtroom, but a judge did not give final approval after a hearing on the matter Wednesday....

Byrn will fill spot on Jackson County bench.
September 4, 2008... Byline: Donna Walter Gov. Matt Blunt named Kansas City lawyer David M. Byrn to the Jackson County Circuit Court. Byrn, a partner at Jeter, Rains & Byrn, received Blunt's call Friday afternoon before he went out of town for the Labor Day...

Pardoned felon-turned-lawyer concerns Missouri Supreme Court.
September 4, 2008... Byline: Charles Emerick A felon-turned-attorney appears to have the Missouri Supreme Court scratching its collective head about how it should discipline him for lying on his bar application. Thomas Michael Fisher's lawyer told the court on...

Eighth Circuit rejects limit on bankruptcy attorney's advice.
September 5, 2008... Byline: Allison Retka A St. Louis-based federal appeals court took aim Thursday at portions of a 2005 bankruptcy reform law, declaring unconstitutional provisions in the act that affected the advice attorneys can give bankruptcy clients....

Vote judge out, Missouri Bar committee evaluation recommends.
September 5, 2008... Byline: Donna Walter A 12-member Missouri Bar committee issued a recommendation that St. Louis County residents vote no on retaining Associate Circuit Judge Dale W. Hood. All other judges evaluated this year were recommended for...

Commentary: When a prayer request should be unspoken.
September 5, 2008... Byline: Christine Ann Hughes It's Sunday morning and you are enjoying being with people you generally do not see or talk to during the week. It's a moderate sized Sunday School class and these folks have prayed for you while you were...

Missouri Supreme Court studies 'mobile' DNA evidence.
September 5, 2008... Byline: Kelly Wiese The attorney for a man found guilty in a 1992 murder told the Supreme Court that DNA and other evidence should not be enough to uphold his conviction and life sentence. Samuel Freeman was convicted in southeast...

Missouri Supreme Court considers polio vaccine standard.
September 5, 2008... Byline: Kelly Wiese The state Supreme Court considered Thursday whether a lawsuit against a vaccine maker should have been allowed to reach a jury trial. A St. Louis jury considered the case of a man who contracted polio after receiving a...

Candidate drops challenge over Senate election results.
September 6, 2008... Byline: Kelly Wiese A legislator who lost a race for state Senate has dropped his legal challenge, saying he wants to let the Democratic Party unite and move forward. Rep. Rodney Hubbard lost to Rep. Robin Wright-Jones by 101 votes, or 0.8...

8th Circuit ruling means attorney fees can't be seized.
September 8, 2008... Byline: Donna Walter The 8th U.S. Circuit Court of Appeals declared Friday that attorney fees awarded under the Equal Access to Justice Act belong to the attorney who represented the prevailing party, not the party itself. The decision...

Legacy of judicial restraint: Lecture reviews Judge Stephen Limbaugh Jr.'s time on the bench.
September 8, 2008... Byline: Angela Riley To honor Judge Stephen Limbaugh Jr.'s 16 years on the Missouri Supreme Court bench, the St. Louis Federalist Society hosted a review of some of his most interesting, influential and controversial decisions and...

Commentary: For politicians, acrimony comes naturally.
September 8, 2008... Byline: Craig Napier Americans want us to stop yelling at each other. So says Republican nominee for president John McCain. Do we really? Can we disagree without being disagreeable? I know as a lawyer I often counsel my clients to put...

Candidate drops challenge over Missouri Senate election results.
September 8, 2008... Byline: Kelly Wiese A legislator who lost a race for state Senate has dropped his legal challenge, saying he wants to let the Democratic Party unite and move forward. Rep. Rodney Hubbard lost to Rep. Robin Wright-Jones by 101 votes, or 0.8...

St. Peters wins open records suit over Great Rivers.
September 8, 2008... Byline: Sarah Wienke The Eleventh Judicial Circuit Court ruled in favor of St. Peters in a lawsuit filed against the city by the Great Rivers Environmental Law Center. The Great Rivers Environmental Law Center was seeking records involving...

Republican candidate for Missouri attorney general seeks boost from Palin pick.
September 9, 2008... Byline: Scott Lauck Republicans across the country are generally thrilled by Sarah Palin's effect on the Republican ticket. So is Michael Gibbons, but his excitement is more personal -- he thinks she might help him get elected. John...

Law firms aid tornado victims in Kansas.
September 9, 2008... Byline: Charles Emerick Dripping wet and standing in a sea of mud -- the result of a torrential downpour a day earlier -- Mark Johnson worked among hundreds of volunteers in an effort to rebuild part of a small Kansas town. Little was left...

Former St. Louis County deputy's bribery conviction upheld by 8th Circuit.
September 9, 2008... Byline: Donna Walter A former St. Louis County deputy sheriff, convicted of taking bribes, failed to persuade a federal appeals court to throw out his conviction. A jury convicted Curley Hines of 10 counts of accepting bribes, one count of...

St. Louis wraps up recounts, results don't change much.
September 9, 2008... Byline: St. Louis Daily Record Staff The St. Louis Board of Election Commissioners has finished up recounts in the attorney general's race and a state Senate contest, and the results didn't change much. In the Democratic primary race to be...

Cole County judge rules energy initiative qualifies for November ballot.
September 10, 2008... Byline: Donna Walter Supporters of a clean energy initiative collected enough valid signatures to get the measure placed on the November ballot, a Cole County judge said. In August, Missouri Secretary of State Robin Carnahan certified that...

Polish parishioners countersue Archdiocese of St. Louis.
September 10, 2008... Byline: Kelly Wiese The dispute between a Polish Roman Catholic church and the Archdiocese of St. Louis is proceeding toward trial, and the church has filed a countersuit. The archdiocese sued St. Stanislaus in July, seeking to bring the...

Thompson Coburn decides to stay put in St. Louis.
September 10, 2008... Byline: Heather Cole Thompson Coburn is renewing its lease for 12 years at the U.S. Bank Plaza downtown and getting an almost $16 million boost from the city and the state as part of the deal. The firm is getting access to a parking garage...

Hits and misses of professional liability coverage.
September 10, 2008... Byline: William C. Saturley and Joseph S. Callanan There are several common misapprehensions about lawyers' professional liability (LPL) insurance that brokers and malpractice attorneys see among their clients. Here are five. 1. If I do...

Judge rules energy initiative qualifies for November ballot.
September 11, 2008... Byline: Donna Walter Supporters of a clean energy initiative collected enough valid signatures to get the measure placed on the November ballot, a Cole County judge said. In August, Missouri Secretary of State Robin Carnahan certified that...

Polish parishioners countersue Archdiocese.
September 11, 2008... Byline: Kelly Wiese The dispute between a Polish Roman Catholic church and the Archdiocese of St. Louis is proceeding toward trial, and the church has filed a countersuit. The archdiocese sued St. Stanislaus in July, seeking to bring the...

Officers attempt unions in wake of court ruling.
September 11, 2008... Byline: Angela Riley Some Missouri Supreme Court decisions go by with little notice taken by the general public, but that is not the case with the decision handed down last May to allow public workers the right to bargain collectively....

Officers attempt unions in wake of ruling by Missouri Supreme Court.
September 11, 2008... Byline: Angela Riley Some Missouri Supreme Court decisions go by with little notice taken by the general public, but that is not the case with the decision handed down last May to allow public workers the right to bargain collectively....

Supreme Court considers property tax rate hikes.
September 11, 2008... Byline: Kelly Wiese State Supreme Court judges are wrestling with a detail of property tax law, with millions of dollars in tax rate hikes at stake. The state's highest court heard arguments Wednesday in a case where the Franklin County...

Missouri Supreme Court considers property tax rate hikes.
September 11, 2008... Byline: Kelly Wiese State Supreme Court judges are wrestling with a detail of property tax law, with millions of dollars in tax rate hikes at stake. The state's highest court heard arguments Wednesday in a case where the Franklin County...

Lee's Summit claims verdict covered by state fund.
September 11, 2008... Byline: Charles Emerick Lee's Summit and a state fund that provides liability coverage for the city are disputing who is responsible for a portion of a recent multimillion dollar federal court verdict. In a lawsuit filed Tuesday in Jackson...

Public reprimand sought for Lake Ozark attorney.
September 11, 2008... Byline: Donna Walter Attorneys for the Office of Chief Disciplinary Counsel and a Lake Ozark lawyer facing discipline both argued to the Missouri Supreme Court that the lawyer should receive a public reprimand for his wrongdoing. Warren S....

Weekend woes: Insurance companies ask Missouri Supreme Court to rule on statutory deadline.
September 12, 2008... Byline: Donna Walter A lawyer for a group of insurance companies asked the Missouri Supreme Court on Thursday to find that his clients filed timely claims for tax refunds even though the Department of Revenue didn't receive their filings...

Armstrong Teasdale headed to Clayton.
September 12, 2008... Byline: Heather Cole Armstrong Teasdale is likely to move to Clayton from downtown St. Louis. Armstrong Teasdale managing partner Michael Chivell confirmed in a voice mail Thursday that the firm has signed a letter of intent to occupy a...

Missouri recount of primary vote gives a wider victory to Chris Koster.
September 12, 2008... Byline: St. Louis Daily Record Staff Report Chris Koster was named the official winner of the Democratic primary for attorney general, with the results of a statewide recount widening his margin of victory. According to results announced...

Missouri AG candidates meet in first debate.
September 12, 2008... Byline: Kelly Wiese Attorney general candidates Chris Koster and Michael Gibbons expressed support for Missouri's plan for choosing appellate judges, but differed on the need for a media shield law and the future of a fund for injured...

Running for the bench in Missouri: Seeking judicial office entails questionnaires, county fairs.
September 15, 2008... Byline: Scott Lauck Missouri's candidates for the Supreme Court undergo a rigorous series of interviews with lawyers, laypeople and the governor's staff. It's a bit different in North Carolina. There, Supreme Court candidate Suzanne...

Family court commissioner to fill spot on St. Louis bench.
September 15, 2008... Byline: Angela Riley Gov. Matt Blunt has appointed St. Louis Family Court Commissioner Robin Ransom Vannoy to the St. Louis Circuit Court. Vannoy received the news late Thursday afternoon and has been floating on air ever since. I'm beyond...

Threatening e-mails lead to prison sentence for co-founder of Savvis Communication.
September 15, 2008... Byline: Donna Walter A federal judge sentenced the co-founder of Savvis Communication to 33 months in prison for threatening a man he wrongly believed had had an affair with his wife. U.S. District Judge E. Richard Webber sentenced Andrew...

Commentary: Cold and flu season can be hard on a lawyer.
September 15, 2008... Byline: Craig Napier Man. I hate the flu, or a bad cold, or a sinus infection or whatever I've had this week. It makes everything stink. I mean, we lawyers don't have a really physically demanding job most days. But when your head is full...

Six groups: Missouri Gov. Matt Blunt should reject panel.
September 16, 2008... Byline: Angela Riley Better Courts for Missouri and five other organizations are urging Gov. Matt Blunt to reject all three of the Appellate Judicial Commission's nominees for the Supreme Court. The organizations oppose the nominations of...

St. Louis Circuit Court approves BJC settlement.
September 16, 2008... Byline: Kelly Wiese Hundreds of thousands of patients could see their outstanding medical bills start to fall under a settlement agreement that now has the final stamp of approval in St. Louis Circuit Court. BJC Health System and attorneys...

St. Louis Circuit Court: Commissioner slot to remain vacant for now.
September 16, 2008... Byline: Kelly Wiese In hopes of appeasing lawmakers intent on removing judges, the St. Louis Circuit Court judges have decided not to fill a commissioner vacancy for now. At an en banc meeting, the judges welcomed Robin Ransom Vannoy,...

Missouri Gov. Matt Blunt names Hayden to fill Judge Kays' seat.
September 16, 2008... Byline: Angela Riley Gov. Matt Blunt has appointed Kenneth M. Hayden to the 26th Judicial Circuit, filling the vacancy created by appointment of Judge Gregory Kays to the federal bench. Hayden received the news on Thursday from Blunt...

Saint Louis University to host a wide array of legal events.
September 16, 2008... Byline: St. Louis Daily Record Staff Saint Louis University Law School has a busy fortnight coming up, including a Constitution Day discussion, the largest naturalization ceremony in St. Louis history and the annual Ambulance Chase 5K: ...

8th U.S. Circuit Court of Appeals upholds manditory arbitration clause for American Express.
September 17, 2008... Byline: Donna Walter A federal appeals court has upheld the mandatory arbitration clause included in the terms and conditions accompanying American Express cards. Chrystin Pleasants, a Texas resident, filed a class action lawsuit against...

Missouri Court of Appeals affirms Ray County Circuit Court's judgment in drunk driving case.
September 17, 2008... Byline: Charles Emerick Despite blowing over the legal limit after being arrested, an Oregon woman will keep her license because she apparently wasn't intoxicated at the exact time she was pulled over. The Missouri Court of Appeals Western...

Fake lawyer from California had little presence in St. Louis courts.
September 17, 2008... Byline: Donna Walter A California man facing federal charges in North Dakota related to practicing law without a license worked for a short time on a case for a St. Louis Blues hockey player who pleaded guilty four years ago to plotting to...

Missouri Bar extends comment period on new ad rules.
September 18, 2008... Byline: Scott Lauck What was once an urgently sought change to Missouri's lawyer advertising rules now might not go to a vote until next summer. The Missouri Bar's Board of Governors voted Wednesday to extend the comment period for the...

St. Louis attorney Thomas M. Burke prepares to take over leadership of The Missouri Bar.
September 18, 2008... Byline: Charles Emerick / Donna Walter A historic presidency comes to an end Friday, when Charlie Harris hands over leadership of The Missouri Bar to St. Louis attorney Thomas M. Burke. Harris, a partner at the Kansas City firm Seyferth...

Saint Louis University celebrates Constitution Day with a Supreme Court review.
September 18, 2008... Byline: Angela Riley In celebration of Constitution Day, Saint Louis University Law School took a look back at the most influential decisions of the U.S. Supreme Court's past term and a look forward to the impact that a new president will...

Governor's office places Missouri Supreme Court panel's questionnaire responses online.
September 19, 2008... Byline: Business Record Staff Those trying to study the three candidates for the state Supreme Court vacancy just got a bit more information at their fingertips. Gov. Matt Blunt's office late Thursday afternoon posted online the responses...

Doe Run lawsuit moves to federal court for third time.
September 19, 2008... Byline: Donna Walter The venue volleyball match between a group of Peruvian plaintiffs and Doe Run Resources Corp., its owners and officers continues as the defendants -- for the third time -- move the game to federal court. The plaintiffs...

Missouri Supreme Court Chief Justice Stith salutes legal pioneers.
September 19, 2008... Byline: Scott Lauck The intricate and perhaps too-small web of diversity in Missouri's legal profession was on full display last week in Kansas City, as a generation of pioneers took the stage at The Missouri Bar Annual Meeting. And as she...

Panel at Missouri Bar Annual Meeting says more diversity needed.
September 19, 2008... Byline: Charles Emerick Progress has been made in diversifying the legal profession, but there is still much more work that needs to be done. A panel of legal professionals at The Missouri Bar Annual Meeting came to that conclusion on...

Critic of Missouri's Nonpartisan Court Plan says 'minor changes' still required.
September 19, 2008... Byline: Scott Lauck Attempts to alter Missouri's Nonpartisan Court Plan have failed twice in the last two years, but fears that the system could face further attacks remain strong. At a plenary session of the Missouri Bar Annual Meeting on...

State of Missouri making court-ordered payment to probation officers.
September 19, 2008... Byline: Charles Emerick More than 1,000 probation and parole workers soon should get the back pay a court found they deserve back in 2005. Lt. Gov. Peter Kinder and the Service Employees International Union Local 2000 announced Thursday in...

Commentary: Supreme Court rulings carry less weight worldwide.
September 22, 2008... Byline: Craig Napier The New York Times last week posted a story about the U.S. Supreme Court's waning influence on the high courts from other democracies around the world. Apparently since World War II, many democracies young and old had...

Missouri Supreme Court candidates list judicial resources as top issue.
September 22, 2008... Byline: Kelly Wiese The three finalists to fill a vacancy on the Missouri Supreme Court all list the need to make sure there are enough judges to meet the workload as the top administrative issue facing Missouri courts. They offer a...

Saint Louis University hosts largest naturalization ceremony in city history.
September 22, 2008... Byline: Angela Riley Saint Louis University's Chaifetz Arena will always hold a special place in Nedim Ramic's heart. He graduated from SLU's law school in the arena in May and on Friday became a U.S. citizen in the same place. It's one...

Missouri Bar panelists see no quick solution to illegal immigration issues.(Discussion)
September 22, 2008... Byline: Charles Emerick In Missouri and other states across the country, concerns about the hot button issue of illegal immigration appear to have no resolution in sight. That was about the only thing a divided panel could somewhat agree...

U.S. Supreme Court's decision on testimonial hearsay remains confusing for judges, lawyers.
September 22, 2008... Byline: Scott Lauck Four years after the U.S. Supreme Court issued the landmark Crawford v. Washington case, judges, defense lawyers and prosecutors are still finding devils in the details. At a CLE session Friday, part of the Missouri Bar...

Local customs matter when contacting jurors after trial.
September 23, 2008... Byline: Angela Riley Missouri's state and federal courts have a patchwork of rules regarding attorneys' ability to contact jurors after a trial, as a case in Kansas City's federal court illustrates. But the bottom line, attorneys and legal...

Missouri family gets $1M for wrongful death.
September 23, 2008... Byline: Charles Emerick Questions surrounding a deadly crash last year will remain unresolved following a $1 million settlement. Larry Freeman's widow and four adult children received the settlement for the May 2007 accident that took the...

Kansas City-based Hallmark Cards seeks High Court review of arbitration dispute.
September 23, 2008... Byline: Charles Emerick Unhappy with an appeals court ruling from this summer, Hallmark Cards is now asking the Missouri Supreme Court to enforce an arbitration agreement against a former employee. The Kansas City-based greeting card...

Republican gubernatorial candidate pitches 'novel' Missouri Nonpartisan Court Plan reform.
September 24, 2008... Byline: Donna Walter Claiming the courts are in disorder, Republican gubernatorial candidate Kenny Hulshof proposed reforms to the Missouri Nonpartisan Court Plan. Hulshof told a group of reporters on a conference call Tuesday morning that...

Federal Trade Commission seeks to enforce '97 contempt order.
September 24, 2008... Byline: Donna Walter The Federal Trade Commission wants a federal judge to jail a convicted scammer until he pays a $3.2 million fine for violating an 11-year-old injunction against making false claims while marketing training and business...

Trial over young girl's hip fracture under way before Jackson County Circuit Judge Jay Daugherty.
September 24, 2008... Byline: Charles Emerick As captain of the ship, a family claims a Kansas City doctor was responsible for the complications that occurred during surgery to fix a young girl's fractured hip. Mackenzie Kieslich and her parents assert it took...

Role of county counselor questioned in trash dispute before Missouri Court of Appeals.
September 25, 2008... Byline: Angela Riley The Missouri Court of Appeals Eastern District considered Wednesday the role of the St. Louis County counselor and whether she violated the Missouri Sunshine Law by making a settlement agreement with a controversial...

Missouri Court of Appeals, Eastern District upholds country club lawsuit class-action status.
September 25, 2008... Byline: Heather Cole An appeals court upheld class certification for a lawsuit against the Country Club of St. Albans over fee refunds. The Missouri Court of Appeals Eastern District on Tuesday issued an opinion agreeing with a circuit...

Missouri hog suit draws Farm Bureau's ire.
September 25, 2008... Byline: Charles Emerick An organization representing Missouri farmers is attempting to get involved in a case that changes how large farms operate near a state historic site. In a motion to intervene by the Missouri Farm Bureau Federation...

Missouri Court of Appeals Eastern District considers recognition of false light invasion of privacy.
September 26, 2008... Byline: Angela Riley The Missouri Court of Appeals Eastern District is weighing recognition of what would be a new tort in Missouri: false light invasion of privacy False light resembles defamation in that both involve publishing...

Missouri Plan supporters dissect gubernatorial candidate Kenny Hulshof's ideas.
September 26, 2008... Byline: Donna Walter Supporters of Missouri's Nonpartisan Court Plan say the changes proposed by gubernatorial candidate Kenny Hulshof would inject partisan politics into judicial selection, despite Hulshof's claims otherwise. Hulshof,...

Federal judge, wife sue Plaza restaurant after slip and fall injury.
September 26, 2008... Byline: Charles Emerick When the spouse of a federal judge is injured during a slip and fall, litigation is likely to follow. Such is the case for McCormick & Schmick's. The Plaza restaurant was named as a defendant in a lawsuit filed...

St. Louis city counselor takes chief of staff position.
September 26, 2008... Byline: St. Louis Daily Record Staff Report St. Louis city counselor Patricia Hageman is stepping up to become Mayor Francis Slay's chief of staff. Hageman temporarily will be filling the shoes of Jeff Rainford, who will be heading up...