St. Charles County Business Record, MO articles from January 2009

St. Charles County Business Record, MO archives from January 2009

In case you missed it: some worthy legal events of 2008.
January 1, 2009... Byline: Scott Lauck Every year sees more notable legal stories than can fit into a Top 10 list. Here are some of the other worthy events of 2008 -- some of which will still be creating news in 2009 and beyond. New federal judges ...

Betonsports founder seeks release from pretrial detention.
January 2, 2009... Byline: Donna Walter Betonsports founder Gary Kaplan is looking for a Get Out of Jail Free card from the 8th U.S. Circuit Court of Appeals -- at least until he can be tried on federal racketeering, conspiracy and fraud charges. On Tuesday,...

Missouri court says some injuries need no expert testimony.
January 2, 2009... Byline: Charles Emerick The Labor and Industrial Relations Commission doesn't need to hear testimony from an expert witness when the injury in question is not technical, an appeals court ruled on Tuesday. The Missouri Court of Appeals...

In case you missed it: some worthy legal events of 2008.
January 2, 2009... Byline: Scott Lauck Every year sees more notable legal stories than can fit into a Top 10 list. Here are some of the other worthy events of 2008 -- some of which will still be creating news in 2009 and beyond. New federal judges ...

St. Charles real estate, building officials cautiously optimistic.
January 5, 2009... Byline: Mike Trask To say the real estate industry is in the doldrums, here and elsewhere, is to state the obvious. But when examined closely, there are reasons to be optimistic in 2009. First, while St. Charles County has seen home prices...

New Year's resolution for many in St Charles County: Find a job.
January 5, 2009... Byline: Sarah Wienke For many out of work St. Charles County residents, the morning of New Year's Eve wasn't the time to prepare for an evening of champagne toasts and silly hats. It was just another day without a job. By 9:15 that...

Demand for office, industrial space holds steady in St. Charles County.
January 5, 2009... Byline: Mike Trask The office and industrial real estate markets in St. Charles County and other portions of the metropolitan area seem to be holding up as we enter 2009, according to a longtime broker here. Whereas most of the country is...

Commentary: Marketing your business when times are tough.
January 5, 2009... Byline: Ed Mayuga That old saying, When the going gets tough, the tough get going might have made sense in the past but in this economy nothing seems to be as it is. My question: Where are the tough going in this market? Ideally, you have...

St. Charles County jury awards $2.3M to ex-Easy Returns owners.
January 5, 2009... Byline: Heather Cole The former owners of a St. Charles pharmaceutical returns business sold after a federal Drug Enforcement Administration investigation have won a $2.3 million jury verdict against the buyer. A St. Charles County jury on...

Acquittal hearing nears for Missouri's 'cyber-bullying mom'.
January 5, 2009... Byline: Donna Walter The so-called cyber-bullying mom could learn her fate as early as this week. A hearing on Lori Drew's motion for acquittal is scheduled for Thursday morning, and Judge George H. Wu has told the lawyers involved in the...

Missourians in the News: January 5, 2009.
January 5, 2009... Byline: Business Record Staff TraMar's McGrath to serve on SITE board Peggy McGrath of TraMar Contracting in St. Charles has been elected secretary/treasurer of Site Improvement Association of St. Louis. Other board officers are Andy D....

Drugmakers not liable for meth production, societal ills, rules 8th Circuit.
January 6, 2009... Byline: Donna Walter Drugmakers who manufacture cold medicine containing ephedrine or pseudoephedrine cannot be held liable for the societal ills that accompany the production and use of methamphetamine, a federal appeals court said...

St. Louis Circuit Court: Plaintiffs drop suit against priest.
January 6, 2009... Byline: Kelly Wiese Seven plaintiffs who had been set to begin trial Monday against a former priest they allege sexually abused them instead dropped their suits against him. The lawyer for the plaintiffs, who sued as John and Jane Does,...

Students sue Sanford Brown College in Missouri for fraud.
January 6, 2009... Byline: Angela Riley A lawsuit has been filed against Sanford Brown College, alleging that the institution fraudulently misrepresented its educational offerings. The five-plaintiff lawsuit is the second one filed in St. Louis County, but...

Commentary: SCOTUSWiki.com is awesome.
January 6, 2009... Byline: Craig Napier It's rare that I will endorse anything with this column, but I think I have to share a find with Daily Record readers. SCOTUSWiki.com is awesome. The SCOTUS stands for Supreme Court of the United States, and evidently...

Fight against Kansas City's smoking ban suffers setback.
January 6, 2009... Byline: Charles Emerick Kansas City's smoking ban has again withstood challenges that seek to strike it down. Two judges on Monday denied motions filed by a pair of bartenders fighting citations they received from the city's health...

Cole County Circuit judge signs off on e-mail settlement in dispute over Missouri government records.
January 6, 2009... Byline: St. Charles County Business Record Staff Report A circuit judge signed off Monday on a settlement reached between court-appointed attorneys and those for Gov. Matt Blunt in a long-running dispute over government records. An...

Bryan Cave lawyer to run Missouri Department of Economic Development.
January 7, 2009... Byline: Kelly Wiese Gov.-elect Jay Nixon has tapped Bryan Cave partner Linda Martinez to run the state Department of Economic Development. Martinez's legal practice has focused on development and related incentives at the local, state and...

Company sues Missouri over e-filing plan.
January 7, 2009... Byline: Charles Emerick A legal-news provider is suing to prevent a proposed statewide electronic case filing system from being managed by a private contractor. In the federal lawsuit filed on Monday, California-based Courthouse News...

Legal malpractice suit filed against Missouri law firm over prenup.
January 7, 2009... Byline: Angela Riley The Kaiser Law Firm is facing a legal malpractice suit filed by a man who alleges the firm's negligence and carelessness in drafting his prenuptial agree-ment cost him over $500,000 in his subsequent divorce. Ken...

Donnelly to lead Missouri state health agency: Other lawyers tapped for AG's office.
January 8, 2009... Byline: Kelly Wiese Outgoing state Rep. Margaret Donnelly has been chosen as the next director of the state health department. Donnelly narrowly lost the Democratic primary for attorney general to Chris Koster. On Wednesday, Gov.-elect...

Missouri Supreme Court hears signed ball controversy.
January 8, 2009... Byline: Jason Rosenbaum The state's disciplinary counsel is asking the Missouri Supreme Court for a stiffer penalty for a St. Charles County attorney who lied to federal investigators about his role in an unusual case involving a client...

Missouri Supreme Court: Death penalty appeal focuses on juror selection, retention.
January 8, 2009... Byline: Jason Rosenbaum The way jurors were selected and retained was the focus of a death penalty appeal Wednesday at the Missouri Supreme Court for a Kirkwood man who shot and killed a police officer. Kevin Johnson was sentenced to death...

St. Louis patent attorneys sued for malpractice over $27M case.
January 8, 2009... Byline: Donna Walter Coin Acceptors Inc., a St. Louis-based company ordered to pay nearly $27 million in a patent infringement case, filed a legal malpractice lawsuit against two St. Louis law firms and the two lawyers who handled the...

Changes coming to 16th Circuit: Joel May to fill Moorhouse's vacancy.
January 8, 2009... Byline: Charles Emerick Joel May will be Gov. Matt Blunt's final judicial appointment. Blunt, who leaves office on Monday, selected May, an assistant U.S. attorney, for the Jackson County Circuit bench late Tuesday afternoon. He formally...

Missouri's U.S. Senator Bond won't seek fifth term: Candidates to line up for 2010 election.
January 9, 2009... Byline: Kelly Wiese and Jason Rosenbaum U.S. Sen. Kit Bond will not seek re-election when his seat is up again in 2010. Bond, a Republican, was first elected a senator in 1986 and has been re-elected three times. Bond shared the news in a...

Missouri Supreme Court Judge Wolff asks Obama to rethink sentencing rules.
January 9, 2009... Byline: Donna Walter Missouri Supreme Court Judge Michael A. Wolff and the chief justice of the Oregon Supreme Court have asked President-elect Barack Obama to work toward a major change in state and federal sentencing practices. The...

Class action lawsuit filed in St. Louis County Court alleges extra dosage in medication.
January 9, 2009... Byline: Angela Riley A class action suit against Ethex Corp. was filed on Wednesday in St. Louis County Court, alleging that the company's pharmaceutical tablets contained a larger dose than listed on the label. Howard Fox, the named...

'Cookie' Thornton's family in Missouri remains mired in lawsuits.
January 9, 2009... Byline: Angela Riley The legal troubles that apparently led Charles Lee Cookie Thornton to go on a shooting rampage at Kirkwood City Hall last year continue for his family. Thornton was killed by police officers on Feb. 7 after he shot and...

Fate of Missouri woman convicted of fraud for MySpace hoax still up in the air.
January 9, 2009... Byline: Donna Walter Lawyers for the O'Fallon woman convicted of misdemeanor computer fraud for a MySpace hoax that led to the suicide of a 13-year-old girl asked a Los Angeles federal judge Thursday to overturn her convictions. On...

Residents of St. Louis County subdivision sue over tax increase.
January 9, 2009... Byline: Angela Riley Residents of the Robinwood West subdivision in St. Louis County have filed a class action lawsuit against the Robinwood West Community Improvement District's alleging that the CID could not impose a 2008 property tax...

Commentary: ELTEK is unknown gem in St. Charles.(Company overview)
January 12, 2009... Byline: Mike Trask ELTEK International Laboratories has been doing business in St. Charles for 22 years, but very few people here know this company even exists. That's too bad because it is an impressive operation, as some city officials...

Focus needed for success in selling during hard times.
January 12, 2009... Byline: Amy Armour The economy has plummeted, but instead of dwelling on the negative Erin Cox wants businesses to think positively and thrive. And learn to tweak some selling skills. In this economy, businesses do thrive, but many people...

St. Charles County to be the first in Missouri to offer ITN service to seniors.
January 12, 2009... Byline: Sarah Wienke Editor's note: This is part one of a two-part series. Part two will be published in the issue of Jan. 19. Moving people from place to place is a perennial challenge in St. Charles County and a group of community civic...

St. Charles Business Briefs: January 12, 2009.
January 12, 2009... Byline: St. Charles County Business Record Staff Report Synergetics extends agreements with Codman & Shurtleff O'Fallon-based Synergetics USA Inc. has signed a three-month extension of its distribution and licensing agreements with Codman &...

Missourians in the News: January 12, 2009.
January 12, 2009... Byline: St. Charles County Business Record Staff Report RCGA names LU's Evans to its board The St. Louis Regional Chamber and Growth Association has named Lindenwood University President James D. Evans to its board of directors. The RCGA,...

Missouri state Senator Tom Dempsey: Another tough year for state's economy.
January 12, 2009... Byline: Mike Trask Because the weakened economy translates into less tax revenue, Republican state Sen. Tom Dempsey of St. Charles believes Missouri residents won't see new state programs this year. Indeed, some corporate tax loopholes...

Arbitration agreement covers former supervisor, rules federal appeals court in Missouri.
January 13, 2009... Byline: Donna Walter A former H&R Block supervisor facing an employment discrimination lawsuit has the right to arbitrate the claims filed against him, a federal appeals court said Monday. Jodi Finnie, a black female, was hired as a...

Kansas City immigration court hopes to trim backlog.
January 13, 2009... Byline: Charles Emerick Though it's been open for about three months, a new immigration court in Kansas City won't get its first judge until March. But once veteran Jackson County Circuit Judge John O'Malley joins the U.S. Immigration...

U.S. Supreme Court denies cert in Missouri Public Service Commission case.
January 13, 2009... Byline: Donna Walter The U.S. Supreme Court won't review a dispute between the Missouri Public Service Commission and Southwestern Bell Telephone over the authority of the commission to enforce a provision of the Telecommunications Act of...

8th Circuit affirms upward variance to sentence.
January 13, 2009... Byline: Angela Riley A federal judge did not err in giving a man who enticed a woman into prostitution a sentence almost two and a half times what was recommended by guidelines, a federal appeals court said in a 2-1 decision. District...

Striking nurses entitled to unemployment benefits, rules Missouri Supreme Court.
January 14, 2009... Byline: Donna Walter A six-week strike by nurses at St. John's Mercy Medical Center in Creve Coeur ended in 2005, but the nurses just learned they won't have to pay back the unemployment benefits they received during the strike. The...

Missouri Governor Jay Nixon says no to threshold for public defender cases.
January 14, 2009... Byline: Jason Rosenbaum Gov. Jay Nixon on Tuesday reacted negatively to a legislative proposal allowing the state's Public Defender Commission to establish a maximum case threshold. In his first news conference since he was sworn in as...

Arbitration clauses can't stop wrongful death suits, rules Missouri Supreme Court.
January 14, 2009... Byline: Allison Retka The Missouri Supreme Court on Tuesday strengthened the legal claims of the surviving children of residents who die in nursing homes. In two separate opinions, the high court ruled that the children of two residents...

Missouri Supreme Court rules law changes violate ADA.
January 14, 2009... Byline: Kelly Wiese A woman with both physical and mental disabilities is due services under a state program, the Supreme Court ruled Tuesday, finding a 2005 change in the eligibility standard violates federal anti-discrimination laws. A...

City not immune in wrongful death suit, rules Missouri Court of Appeals Western District.
January 14, 2009... Byline: Charles Emerick The dismissal of a wrongful death suit over a boy's drowning near a Kansas City school was reversed by an appellate court on Tuesday. The Missouri Court of Appeals Western District ruled the parents of Christopher...

Juvenile officers denied use of retirement fund by Missouri Supreme Court.
January 15, 2009... Byline: Jason Rosenbaum The Missouri Supreme Court rejected a bid by a group of juvenile court officers in Jefferson County to enter into a retirement fund for county employees. Several juvenile court officers challenged a state statute...

'Unusually lenient sentence' rejected by 8th Circuit.
January 15, 2009... Byline: Donna Walter Ten years in prison is not enough for a woman who restrained her 9-year-old daughter to allow a child predator to molest her, a federal appeals court said Wednesday. It marked the third time the 8th U.S. Circuit Court...

Constructive discharge not a Mo. Human Rights Act claim, rules Mo. Supreme Court.
January 15, 2009... Byline: Donna Walter Lawyers for a man who sued the Missouri Athletic Club for Missouri Human Right Act violations are entitled to $22,000 in attorney fees -- not the $170,000 they sought -- because the plaintiff didn't win on those...

Commentary: Keep those organizational skills sharp.
January 15, 2009... Byline: Christine Ann Hughes A perusal of current want ads will suggest that strong computer skills is a priority when it comes to qualifications for a legal secretary. But organizational skills are still mentioned more than once when...

Kansas City, Jackson County to team up on jail: Inmates could be temporarily housed at courthouse.
January 15, 2009... Byline: Scott Lauck Twenty-five years after they were mothballed, four floors of the Jackson County Courthouse might again house inmates, if only temporarily. Jackson County and Kansas City officials said Wednesday that they plan to...

Missouri Court of Appeals Western District resignations now official.
January 16, 2009... Byline: Scott Lauck The Missouri Court of Appeals Western District on Wednesday formally announced the resignations of three of its judges. Judges Paul Spinden and Ron Holliger leave the court this week, and Judge Joseph Dandurand will...

Ex-St. Louis Ram sues NFL for disability benefits, says team failed to disclose kidney disease.
January 16, 2009... Byline: Donna Walter A former St. Louis Rams defensive tackle is suing the National Football League's player retirement plan for failing to pay disability benefits and accusing the team of knowingly aggravating his kidney disease by giving...

St. Louis Spirits owners sue NBA over TV revenues.
January 16, 2009... Byline: Donna Walter The National Basketball Association and four old expansion teams are violating the terms of a 32-year-old agreement by not paying the owners of the St. Louis Spirits the television revenues the club is entitled to,...

Discrimination trial against Washington University begins in St. Louis Circuit Court.
January 16, 2009... Byline: Angela Riley Opening arguments began Thursday in St. Louis Circuit Court in an age-discrimination case by the Father of the Lung Transplant against Washington Uni-versity. Dr. Joel Cooper, who is credited with successfully...

Homebuilding plummeted in 2008 in St. Charles County, Missouri.
January 19, 2009... Byline: Mike Trask Demand for building permits for residential home construction in St. Charles County fell by 45 percent in 2008 compared to the previous year, according to figures compiled by county government. A total of 1,236 building...

Few turn out on cold night in St. Charles to learn about housing market.
January 19, 2009... Byline: Mike Trask There were almost as many panelists as people in the audience Thursday night in the Fellowship Hall at Zion Lutheran Church in St. Charles. The dozen or so people who did attend the town hall meeting on real estate got a...

Missourians in the News: January 19, 2009.
January 19, 2009... Byline: St. Charles County Business Record Staff Grier partners with Schneider Derek Grier of Grier Management Group in Chesterfield is working as a residential real estate agent for Schneider Real Estate in St. Charles. Grier Group...

Doctor testifies about leaving Washington University in St. Louis.
January 20, 2009... Byline: Angela Riley A world renowned lung surgeon continued his testimony Friday in his age discrimination case against Washington University and his former supervisor, claiming the university took away control of his division and reduced...

St. Charles Business Briefs: January 20, 2009.
January 20, 2009... Byline: St. Charles County Business Record Staff Old Monroe closes on 'new' City Hall The city of Old Monroe has bought the Bank of Old Monroe building at 101 Locust St., and officials plan to convert the building into a city hall. The Bank...

St. Louis inflatable buildings company broadens litigation over Russian domes.
January 21, 2009... Byline: Heather Cole A St. Louis inflatable buildings company that won a nearly $17 million arbitration award against a client now is targeting a competitor over a contract for sports domes in Russia. Arizon filed a lawsuit Jan. 5 in...

Mo. Court of Appeals Eastern District: Wrongful firing case remanded for new trial.
January 21, 2009... Byline: Donna Walter A woman who won a $125,000 verdict against her former employer for retaliatory discharge will have to go back to court to prove her cooperation with a federal investigation into the company's overtime practices was the...

When 'shammy' goes on trial, dictionaries fail: Mo. Court of Appeals W. District vacates conviction.
January 21, 2009... Byline: Charles Emerick Clearly William Heather wasn't referring to the super-absorbent reusable cleaning cloth when he left hostile messages on a woman's phone more than two years ago. What isn't clear is exactly what Heather meant when...

Historic Kansas City hotel sues over obscene sheetrock.
January 22, 2009... Byline: Charles Emerick A historic Kansas City hotel is blaming a local construction company for graphic markings that have appeared in a number of rooms over the past several years. Since the Hotel Phillips opened in 2001, according to a...

During testimony in St. Louis Circuit Court, lung surgeon admits to operational deficits.
January 22, 2009... Byline: Angela Riley Dr. Joel Cooper, the famous lung surgeon who is suing Washington University, admitted on cross-examination to making transfers of foundation funds to offset an operational deficit in his division. My running of the...

Missouri Supreme Court to consider losses allowed in company vehicle case.
January 22, 2009... Byline: Kelly Wiese The Missouri Supreme Court is set to consider which types of damages are allowed when an unusual company vehicle is involved in a wreck. The court today will hear oral arguments in the case of Gateway Foam Insulators....

Racial discrimination suit revived against St. Louis County.
January 22, 2009... Byline: Donna Walter A federal appeals court said five St. Louis County employees can pursue their racial discrimination lawsuit against the county. The 8th U.S. Circuit Court of Appeals said Friday the federal trial court was wrong to...

Lethal injection challenge reheard by Missouri Supreme Court.
January 23, 2009... Byline: Jason Rosenbaum The Missouri Supreme Court reheard a case on Thursday challenging protocols involved in executing inmates convicted of capital offenses. After a federal judge halted executions in 2006, the Department of Corrections...

Missouri property rights group renews efforts to curb eminent domain.
January 23, 2009... Byline: Donna Walter Missouri Citizens for Property Rights has received the go-ahead from Secretary of State Robin Carnahan to begin circulating petitions for amendments that would eliminate the use of eminent domain for private...

Missouri Attorney General Chris Koster names heads of litigation and ag divisions.
January 23, 2009... Byline: Charles Emerick Attorney General Chris Koster recruited two long-time litigators to take top positions in his office. St. Louis attorney Joel Poole will serve as chief counsel of the litigation division, and Jack McManus, a member...

Missouri Senate bill would ban red-light cameras.
January 23, 2009... Byline: Angela Riley As part of the continued efforts against red-light cameras, state Sen. Jim Lembke introduced a bill Wednesday to prohibit cities from using the cameras to enforce traffic violations. The St. Louis County Republican...

Who decides? Kansas City Police Board or hearing officer?
January 23, 2009... Byline: Charles Emerick The Kansas City Police Board of Commissioners says the decision to fire a police officer ultimately rests with its members. But an officer terminated by the commissioners for alleged use of excessive force contends...

Audit: Foundry Art Centre in St. Charles in need of better leadership.
January 26, 2009... Byline: Mike Trask If it is to succeed, the Foundry Art Centre in St. Charles must have a smaller and more involved board of directors, improve its fundraising operation and more effectively market the facility. Those are just a few of the...

By thinking global, new economic development director hopes to help O'Fallonites shop local.
January 26, 2009... Byline: Sarah Wienke Economic development is a constant juggling act of retaining established businesses and attracting new ones. The key is not to drop the ball on either front. For O'Fallon's new economic development director it is a...

Missourians in the News: January 26, 2009.
January 26, 2009... Byline: Mike Trask It's getting hard to tell the players in the local title insurance business without a scorecard. St. Charles businessman Jerry Scheidegger has jumped back into title insurance industry in a big way, although he never...

No song or dance, but Missouri chimney sweep feels as lucky as can be.
January 26, 2009... Byline: Wm. Stage Amazing what a timely magazine article can do. In the mid-1970s, a story about the lack of proficient chimney sweeps appeared in Mother Earth News, a periodical read by every self-respecting hippie of the day. Victor...

Workforce planning is a strategic necessity.
January 26, 2009... Byline: Amy Armour Hiring the wrong person for a job can really cost a company. And it doesn't matter whether the business is a large corporation or a small home-based business. If you hire someone who doesn't fit into the position, you've...

St. Charles Business Briefs: January 26, 2009.
January 26, 2009... Byline: St. Charles County Business Record Staff Report LMI acquires Intec St. Charles-based LMI Aerospace Inc. has acquired Integrated Technologies Inc. for an undisclosed amount. Intec, as the company is known, is located in Everett,...

Guardian ad litem payments limited, rules Mo. Court of Appeals, Eastern District.
January 27, 2009... Byline: Angela Riley Money can be a concern for anyone intending to go to court, but an appeals court decision lessens that worry for anyone seeking an order of protection for their child. Most times when we're filing an adult or a child...

Lake of gas yields $19.5M settlement: Missouri firms aid in Illinois case.
January 27, 2009... Byline: Heather Cole Five Missouri plaintiffs' firms and an Illinois firm nailed down a $19.5 million settlement in a class action lawsuit over an underground gasoline lake in Hartford, Ill. Madison County, Ill., Circuit Court Judge...

Misconduct doesn't justify longer sentence, rules 8th Circuit.
January 27, 2009... Byline: Donna Walter A federal judge in St. Louis didn't have the right to double the sentence imposed on the owner of a payroll services company, despite what the district judge characterized as fraud on the court. On Monday, the 8th...

No snow day likely for area courts.
January 27, 2009... Byline: Donna Walter Snow might delay justice in St. Louis area courtrooms today, but it won't deny justice. The National Weather Service forecast 3 to 5 inches of snow mixed with sleet by this morning with the possibility of another 2...

Missouri Supreme Court divides over prior offender status.
January 28, 2009... Byline: Donna Walter State law requires prosecutors to plead and prove a defendant is a prior offender before the case is submitted to the jury, a deeply divided Missouri Supreme Court said Tuesday. For Michael Teer, the decision means 16...

Missouri Supreme Court suspends lawyer over signed baseball controversy.
January 28, 2009... Byline: Angela Riley The Missouri Supreme Court has indefinitely suspended the license of a St. Charles County attorney who allegedly offered an autographed baseball to prosecutors in an attempt to reduce his client's sentence. On...