Daily Record (Kansas City, MO) articles from April 2005

Daily Record (Kansas City, MO) archives from April 2005

U.S. Supreme Court considers police liability case.
April 1, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) The U.S. Supreme Court heard oral arguments this month in a tragic case that could lead to sweeping changes in...

First real cell phone virus is called Cabir, also knows as Lasco.A.
April 1, 2005... Byline: Doug Washington Back in February 2002, an e-mail was circulating warning you not to answer your cell phone if you saw "UNAVAILABLE" or "ACE?" on the screen. The e-mail warned that if you answered, a virus would infect your phone,...

Commentary: Up in smoke: Make better use of your money.
April 1, 2005... Byline: David Clogg The other day I stopped at a local convenience store to pick up a carton of cigarettes for a friend of mine. Since I do not smoke, I had no idea what a carton or 10 packs of cigarettes cost nowadays. So for you...

Tips for how to manage stress.
April 1, 2005... Byline: Mary Pat Sueme The phone rings constantly, appointments seem endless, and conference calls come all too often. For John Mueller, his job as the securities manager at SSM St. Joseph's Health Center in St. Charles and SSM St. Joseph...

Poll finds more Americans going to work despite being sick.
April 1, 2005... Byline: MIchelle Kowalski While talking with Tracey Mueller, it was clear she ought to be home in bed. Yet she was at work on the first day of spring for fear of getting fired or written up for taking another day off. Mueller, who...

Commentary: Raising the Bar - 'Legal Fools' Day.
April 4, 2005... Byline: Paul Mark Sandler (This article originally ran in the Daily Record, Baltimore, MD, another Dolan Media publication). Sometimes raising the bar requires a look in the mirror. Here is what I see following April Fools' Day, a...

Illinois Appellate Court rules county not immune for improperly placing of yellow passing line.
April 4, 2005... Byline: Emily Umbright It came down to the line for a group of attorneys sued for legal malpractice by an insurance company and an Illinois county, as the Appellate Court of Illinois, Fourth District, determined the county is not immune...

Mortgage interest rate increases won't deter market.
April 4, 2005... Byline: Jen DeGregorio The slow but steady increase of mortgage interest rates in the last year has some market watchers spooked that the residential real estate bubble has reached its bursting point. But those in the commercial real...

Tax Increment Financing, Development Districts at the center of MO. Senate bills.
April 4, 2005... Byline: Cathy Kingsley Editor's note: This article is the second in a two-part series on bills currently in the Missouri Senate. The first article appeared last Monday, March 28. The use of tax dollars to help pay for redevelopment...

Commentary: Buyer/Renter beware.
April 4, 2005... Byline: Chris Wirken I've repeatedly heard that buying a house is a person/couple's biggest investment of their lifetime. But, with the variety of options now available, what should you look for? What is best for you? Some young...

ABA reports disciplinary action survey results.
April 4, 2005... Byline: KC Daily Record Staff A total of 3,725 lawyers were subject to public sanctions for professional misconduct during 2003, according to the Survey on Lawyer Discipline Systems published by the American Bar Association Standing...

U.S. Air Force awards St. Charles County weapons facility $609M weapons contract.
April 5, 2005... Byline: Mary Pat Sueme On Thursday, the U.S. Air Force awarded The Boeing Co. a $609 million contract for additional joint direct attack munition tail kits. Boeing's Weapons Enterprise Capability Center in St. Charles will perform the work...

More taxpayers rely on professionals to prepare returns.
April 5, 2005... Byline: Mike Trask It's that time of year again. The nation's taxpayers have less than two weeks to file their income tax returns with the Internal Revenue Service. During the past two decades, Americans increasingly have turned to...

Commentary: Finalize with a pre-bill review.
April 5, 2005... Byline: Jim Wirken Last week we started to talk about some additional concepts we use in our office with regard to the area of "billing." You know that "billing" is one of the five areas that make up every business in the world. We have...

Commentary: Grokster: Burning down the copyright house, or rearranging the furniture?
April 5, 2005... Byline: Jonathan M. Holda (This article originally ran in The Daily Record, Baltimore, Md., another Dolan Media publication). The U.S. Supreme Court heard arguments last Tuesday in MGM v. Grokster, a case that pits Silicon Valley against...

Illinois appellate court rules overzealous argument gives defendant a new trial.
April 6, 2005... Byline: Erin Suess A prosecutor's overzealous closing argument doomed the verdict, unduly prejudicing the defendant when he "inflamed the passions of the jury" by asking them to find the defendant guilty to "make the whole county safe,"...

Appellate Judge William Crandall Jr. retires on final day of March.
April 6, 2005... Byline: Mike Nixon "Oh, we want to travel, and we like fishing," said Carol Crandall wishfully as she looked from a set of deck windows through a small forest of aspen and at a lake near the rural Warren County home as she and her husband,...

Bridgestone/Firestone agrees to provide benefits to national guardsman.
April 6, 2005... Byline: NY Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication.) The U.S. Dept. of Justice signed a consent decree resolving a lawsuit against Bridgestone/Firestone North...

Commentary: Spring cleaning at home and on the job.
April 6, 2005... Byline: Christine Ann Hughes It's Spring and time for housecleaning! It's also time to open up your windows and let the fresh air into your home. Working full-time means you have less time to attend to the things you need to do at...

Bankruptcy Appellate Panel bars debtor from exempting rents.
April 7, 2005... Byline: Erin Piel A man with three mortgages could not convince the 8th U.S. Circuit Bankruptcy Appellate Panel that the rents paid for his property belonged to him and not his trustee, which reversed a finding by the bankruptcy court of...

Employers asking amorous workers to sign affidavits declaring consent.
April 7, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Skittish about the potential legal fallout, an increasing number of employers are asking amorous workers to...

Growing a business requires credit smarts.
April 7, 2005... Byline: Mary Pat Sueme Next week, Scott and Lauren Kolbe will go loan shopping at different banks in the hope that credit assistance may help their marketing business grow. "This is totally new for us," said Scott Kolbe, vice...

Alleged interference with exercise of FMLA rights rebuffed.
April 7, 2005... Byline: KC Daily Record Staff In Nancy Armstrong v. MC Tech Co., Esterline Technologies, Inc. and Charles Wheeler, a case under the Family Medical Leave Act, a jury returned a full defense verdict recently in Springfield, Missouri. The...

Commentary: Supersizing a family feud: The Terri Shiavo story.
April 7, 2005... Byline: Tom Teepen Now that the media circus has struck its tents and moved on, maybe we can look at that sad situation around the late Terri Schiavo anew and see that, at bottom, it was just a regrettable family dispute of a sort that, in...

New trial ordered in personal injury suit against Missouri Public Service.
April 8, 2005... Byline: Phil Glynn A trial court jury's award of $50,000 in a personal injury case involving Missouri Public Service, Energy One, a Division of Aquila, has been upheld by a higher court on the issue of liability, however it will be sent...

Mo. Supreme Court finds Web site posting not official rule.
April 8, 2005... Byline: Erin Suess With more governmental agencies posting information on Web sites, how closely should the public follow that information? Can agencies enforce the rules they post there if they cite Missouri law? In a decision handed...

New columnist joins 'Daily Record' staff.
April 8, 2005... Byline: KC Daily Record Staff David Kight, a director with Shughart Thomson & Kilroy, P.C. in Kansas City, is the latest columnist to join the ranks of The Daily Record. Kight, an experienced labor lawyer and litigator will write on...

Commentary: Understanding employment at-will.
April 8, 2005... Byline: David Kight It's a frequent call to my office - and other employment lawyers in Kansas City. "I was fired from my job and I want to know my rights." One of the first things any Missouri employment lawyer should advise...

Commentary: It's a Gimme - Think 'spring training' this time of year.
April 8, 2005... Byline: Joe Rahnis (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Early April can be a great time of year for golfers. The Masters is just around the corner, and many people are...

State statute forces Missouri Court of Appeals to vacate child support award.
April 11, 2005... Byline: Denise G. Callahan In a remarkable move, a member of the Missouri Court of Appeals for the Western District offered the state legislature advice on how to fix a flawed law, after the court was forced to ostensibly take a college...

U.S. Supreme Court age discrimination plaintiffs can sue for 'Disparate Impact'.
April 11, 2005... Byline: Reni Gertner Plaintiffs who claim that an employer's practices had a disparate impact on older workers can sue for age discrimination under the ADEA, the U.S. Supreme Court has ruled. However, the scope of disparate impact...

National Delinquency Survey shows delinquencies, foreclosures down in fourth quarter.
April 11, 2005... Byline: St. Louis Daily Record Staff The fourth-quarter 2004 National Delinquency Survey, released by the Mortgage Bankers Association, shows that the seasonally adjusted delinquency rate for mortgage loans on one-to-four-unit residential...

Commentary: Raising the Bar - Spoliation and electronic data.
April 11, 2005... Byline: Paul Mark Sandler (This article originally appeared in The Daily Record, Baltimore, MD, another Dolan Media publication.) At what point do you start talking with a new litigation client about electronic discovery and the hazards of...

Commentary: Legal ADvice - Copyright fair use: Get it right.
April 11, 2005... Byline: Jim Astrachan (This article originally appeared in The Daily Record, Baltimore, MD, another Dolan Media publication.) "The fair use doctrine is not a license for corporate theft, empowering a court to ignore copyright whenever it...

Missouri task force tries to improve funding for education, law enforcement.
April 11, 2005... Byline: KC Daily Record Staff A task force on education funding assembled by Missouri Treasurer Sarah Steelman is recommending changes to the state's criminal forfeiture laws to benefit both schools and law enforcement in the state. ...

New manager named for Kansas City animal control division.
April 11, 2005... Byline: KC Daily Record Staff Mike Schumacher has been named manager of the Neighborhood and Community Services Department, Animal Control Division, for the City of Kansas City, Mo. Schumacher was most recently the manager of...

City announces other senior staff appointments for Kansas City.
April 11, 2005... Byline: KC Daily Record Staff City Manager Wayne A. Cauthen has announced three senior-level personnel appointments. David E. Seamon has been appointed city manager, Economic Development/Development Services. The new position will...

Distribution of unclaimed class action money reversed by MO Court of Appeals.
April 12, 2005... Byline: Denise G. Callahan In a case of first impression the Missouri Court of Appeals Western District defined what to do with money left over in class actions. In Kansas Association of Private Investigators et.al; Julie Smith, Fund...

Recent legislation may help offset MO. Department of Economic Development budget cuts.
April 12, 2005... Byline: Mike Trask The Missouri Department of Economic Development, like many agencies in state government, has to contend with deep budget cuts this year. But that doesn't mean the business climate in Missouri has been irretrievably...

Nationwide deployment of electronic check processing to be implemented slowly.
April 12, 2005... Byline: Claude Solnik In October 2004, many pundits predicted an evolutionary change in the banking world when Check 21 went into effect. The legislation, which lets banks issue "substitute," or scanned, checks, held the promise of...

Commentary: Send a cover letter with your bill to speed up collection.
April 12, 2005... Byline: Jim Wirken My office has a system where every client who says they will pay us on a monthly basis gets a bill every month. We have a system for preparing these bills - making sure they are reviewed by a "work with" person to be...

Commentary: Planning Ahead - Investing when rates are rising.
April 12, 2005... Byline: Dena Frenkel (This story originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) After decreasing rates 13 times from January 2001 through June 2003, the Fed raised interest rates in 2004 and is...

MO Court of Appeals deems contract signature valid despite bad fax.
April 13, 2005... Byline: Denise G. Callahan A bad faxed copy of a roofing contract amendment was not enough to render the whole agreement void, according to the Court of Appeals for the Western District of Missouri. In this breach of contract case,...

7th Circuit asks courts to impose sentences that reflect the offense.
April 13, 2005... Byline: David Ziemer (This article originally ran in Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) The 7th U.S. Circuit Court of Appeals on April 1 encouraged lower courts to impose sentences below the...

NYC to host trial lawyers.
April 13, 2005... Byline: KC Daily Record Staff Trial lawyers from around the country will get tips from seasoned litigators on all aspects of effective advocacy when the ABA Section of Litigation, the largest group of trial lawyers, convenes for its annual...

Commentary: People Finders: You can run but you can't hide.
April 13, 2005... Byline: Evelyn M. Campbell (This article originally ran in Virginia Lawyers Weekly, Richmond, VA, another Dolan Media publication.) The recent theft of information on thousands of private citizens from data compilers Choicepoint and...

COA clarifies portion of Missouri mechanic's lien law.
April 14, 2005... Byline: Denise G. Callahan People are already teeing off on the Osage National Golf Club and living in surrounding homes, yet the contractor who cleared the way for construction has yet to be paid. In the case of Lake Ozark...

Conference to examine delivery of legal services to low-income Americans.
April 14, 2005... Byline: KC Daily Record Staff As the cost of legal services increases, where can Americans of limited means obtain legal assistance? With court expenses rising faster than available funding, how can the legal profession ensure that all...

8th Circuit finds insurer must defend suit over unsolicited faxes.
April 14, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). An insurer must defend a claim that its insured violated federal consumer protection law by sending...

$175,000 awarded to woman struck by car while walking dog.
April 14, 2005... Byline: Ginger Lamb A Jackson County jury has awarded $175,000 to a woman in her fifties, who was walking her dog, and was struck by a 16-year old driver who had a provisional license. In the case of Carolyn Shelton v. Paul B. Knight,...

Commentary: For The Firm: Finding the right person for the right job.
April 14, 2005... Byline: Cheryl J. Leone Any successful law firm owner will tell you that hiring the right person for the right job is the hardest part of employee management. You are investing a great deal of time, energy and money in an individual you...

MO Court of Appeals grants new trial in wrongful termination case against Enterprise Rent-A-Car.
April 15, 2005... Byline: Emily Umbright A former Enterprise Rent-A-Car executive might sleep better knowing he made a submissible case illustrating wrongful termination for refusing to violate securities regulations and public policy, but because he did...

Real property, probate and trust lawyers from around the country set to gather in D.C.
April 15, 2005... Byline: KC Daily Record Staff The city of Washington provides a perfect backdrop for lawyers who will examine legislative, regulatory and litigation challenges, the definition of "end of life," and issues surrounding decision-making for...

Schiavo case triggers avalanche of interest in advance directives for end-of-life decisions.
April 15, 2005... Byline: Nora Lockwood Tooher (This article originally appeared in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Joe B. Whisler knows first-hand the agony a family goes through when a loved one hasn't left an advance...

Federal, state groups warn consumers about extended auto warranties.
April 15, 2005... Byline: St. Louis Daily Record Staff The Consumer Fraud Task Force, a joint task force of federal and state law enforcement agencies and the Better Business Bureau, urge consumers to use caution before responding to unsolicited offers for...

Commentary: Pros and cons of combo care plans.
April 15, 2005... Byline: Gary Williams Despite persistent and strong advice to the contrary, many consumers in their mid-fifties and older have remained stubbornly reluctant to buy long-term care insurance. An alternative for the reluctant may be policies...

MO Court of Appeals rules verbal withdrawal of consent leads to remand in adoption case.
April 18, 2005... Byline: Denise G. Callahan The reversal in an adoption case was great but the birth mother's attorney would have rather not had the remand. The Missouri Court of Appeals Western District agreed with Kansas City attorney Kim Carrington...

E-construction slowly builds up momentum in the U.S.
April 18, 2005... Byline: Bill Clements (This article originally ran in St. Paul Ledger, St. Paul, MN, another Dolan Media publication). When talking about using the Internet to improve the efficiency of a construction project, extremes rule. Take the...

American Bar Association urges Congress to simplify the tax laws.
April 18, 2005... Byline: KC Daily Record Staff The American Bar Association has urged Congress to step up its efforts to simplify the nation's tax law by repealing the individual Alternative Minimum Tax (AMT). In testimony before a subcommittee of the...

Commentary: Of Service - National Health Law Program protects health care for the poor.
April 18, 2005... Byline: Robert J. Rhudy and Joe Surkiewicz (This article originally ran in the Daily Record, Baltimore, MD, another Dolan Media publication). Have you seen the bumper sticker that says, "The next time you need a doctor, call a lawyer?" ...

7th U.S. Circuit Court of Appeals gives the go-ahead in suit against the EPA.
April 19, 2005... Byline: Emily Umbright The Environmental Protection Agency cannot avoid litigation with continuous study of an Indiana Superfund site, the 7th U.S. Circuit Court of Appeals held earlier this month. The appellate court decision, which...

7th U.S. Circuit Court of Appeals ruling in Crawford v. Washington not retroactive.
April 19, 2005... Byline: David Ziemer The 7th U.S. Circuit Court of Appeals held April 7 that even though the U.S. Supreme Court's decision in Crawford v. Washington adopted a new rule for Confrontation Clause objections, the rule does not apply...

Springfield-based Advantage Professional Services Inc. acquired by Seattle company.
April 19, 2005... Byline: Cody McCullough Seattle-based GeoEngineers has announced that the firm has opened an office in Springfield, Mo., by acquiring Advantage Professional Services Inc., a firm specializing in Horizontal Directional Drilling technology....

Commentary: Using finance charges to your advantage.
April 19, 2005... Byline: Jim Wirken This week we are still talking about tips in the area of billing. Billing is one of the five areas that make up every business in the world. Previously, we talked about engagement letters and each part of our...

Commentary: Planning Ahead - Make time work to build assets.
April 19, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Many Americans believe they have a better chance of accumulating wealth by playing the lottery than they do by...

8th Circuit rules defendant's attorney failed client in federal gun possession case.
April 20, 2005... Byline: Erin Suess A defense attorney's failure to dispute multiple counts of illegal firearm possession amounted to ineffective counsel, found the 8th U.S. Circuit Court of Appeals, after ruling the temporary police possession of a gun...

New FTC rule requires businesses to destroy consumer credit info.
April 20, 2005... Byline: Reni Gertner (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) All businesses, including law firms, will soon be required to destroy any consumer credit information they...

Nerves of steel required for job interviews.
April 20, 2005... Byline: Stephanie Cline (This article originally ran in Colorado Spring Business Journal, Colorado Springs, CO, another Dolan Media publication.) The day of a job interview is often as nerve-racking for the interviewer as it is for the...

Commentary: Financial help for children means more than money.
April 20, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) You can help your children financially in many ways, even after they are well into their adult years - and most of...

Unknown rule of evidence leads to remand in product liability case by Court of Appeals.
April 21, 2005... Byline: Denise G. Callahan A Jackson County Circuit Court judge apparently divined a rule of evidence that doesn't exist so the Court of Appeals Western District sent the parties back to the drawing board in a products liability case. ...

Mo. Supreme Court rules doctor won't face discipline for not referring pregnant woman to specialist.
April 21, 2005... Byline: Donna Walter After years of litigation, a Springfield doctor learned from the Missouri Supreme Court earlier this month that he will not be disciplined for failing to refer a pregnant patient to a specialist who may have been able...

7th Circuit Court rules WI must pay for phone records obtained from Ameritech.
April 21, 2005... Byline: David Ziemer (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication). The Electronic Communications Privacy Act (ECPA) requires district attorneys to pay for the phone records...

Commentary: Do all disputes belong in a court of law?
April 21, 2005... Byline: Bob Barton This month's column is about Blackie the cat. But before you decide that I have finally gone over the edge, please keep reading. Because it is not really about a cat; the topic is a serious one, and it is not frivolous...

Driver rear-ends another vehicle, yet wins nearly $30K.
April 21, 2005... Byline: Anthony F. Shop A Jackson County jury rendered a surprising verdict when it awarded nearly $30,000 to a driver who rear-ended another driver. In Kent Theobald and Theobald Trucking LLC v. Cathy Smith, the driver of a commercial...

After renting car to unlicensed driver, company sued for damages.
April 21, 2005... Byline: Anthony F. Shop A rental car franchise was found negligent after renting a car to a woman without a driver's license. In Williams v. Williams and Kansas City Landsmen, a rental car franchisee was sued for damages incurred in a...

Landlords found not liable for boy's alleged lead poisoning.
April 21, 2005... Byline: Anthony F. Shop A Jackson County jury rendered a verdict for the landlords of a house who were accused of negligence after a child allegedly was poisoned by lead-tainted paint. In Cortez Williams by next friend Irene Miller v....

Jury awards discounted verdict for shopper's injury.
April 21, 2005... Byline: Anthony F. Shop A jury awarded a smaller-than-expected verdict to a senior citizen who incurred an injury while grocery shopping. In Rilla H. Dickerson v. FDIC, Inc. d/b/a Country Mart, a 77-year-old woman sued after tripping...

Court lacked authority to assess guardian ad litem fees, MO Court of Appeals finds.
April 22, 2005... Byline: Emily Umbright A mother certified as an indigent person does not have to pay $1,710 in guardian ad litem fees, a panel of judges on the Missouri Court of Appeals, Southern District, clarified for a Pulaski County trial court. ...

Commentary: Rising inflation means reallocating your assets.
April 22, 2005... Byline: David Clogg For you baby boomers in television land, I am sure you are familiar with the following memorable expression. "Looocey, I'm hooome!" And Lucy would bellow back "Rickey!" Those were the good old days when life was a...

Sarbanes-Oxley puts accountants in high demand.
April 22, 2005... Byline: Janice Francis-Smith (This article originally ran in The Journal Record, Oklahoma City, OK, another Dolan Media publication). Accountants are in high demand and short supply, said Bob Funk, chairman of the Federal Reserve Bank...

Commentary: Solo practice balances freedom.
April 22, 2005... Byline: Pamela Pepper (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication). I am probably the least-qualified person in the world to talk about issues of balancing work and personal...

Risk management helps businesses avoid defect claims.
April 25, 2005... Byline: Tony Anderson Responding to litigation arising from alleged defects can be a nightmare situation for those in the construction industry. Attorneys representing those clients should be taking steps before claims arise to help their...

Illinois Court says no undoing order compelling mediation.
April 25, 2005... Byline: Emily Umbright Like it or not, if a judge orders mediation, the parties must proceed to mediation. This the Appellate Court of Illinois, Fifth District, clarified to a party trying to get out of a mediation order because it was...

Sister Helen Prejean, C.S.J., author of Dead Man Walking: An eyewitness account of the death penalty.
April 25, 2005... Byline: KC Daily Record Staff Sister Helen Prejean, C.S.J., author of Dead Man Walking: An Eye Witness Account of the Death Penalty in the U.S., will speak at Legal Aid of Western Missouri's Seventh Annual Justice For All Luncheon on...