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

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

MO Court of Appeals, Western District reverses on bad instruction.
August 1, 2005... Byline: Denise G. Callahan The Missouri Court of Appeals Western District cleared the way for a new trial for man who was convicted of second-degree assault. The court went to great lengths - 18 pages - in discovering that Patrick L....

Bankers are beginning to warm up to 'green lending'.
August 1, 2005... Byline: Mark Anderson (This article originally ran in Finance and Commerce, Minneapolis, MN, another Dolan Media publication.) Earlier this month, Wells Fargo Bank made a pledge to lend at least $1 billion in the next five years to...

Former Minnesota building official criticizes use of design-build.
August 1, 2005... Byline: Brian Johnson (This article originally ran in Finance and Commerce, Minneapolis, MN, another Dolan Media publication.) Design-build construction is catching on throughout the country, but not everybody is sold on the trendy...

Commentary: National Legal Aid & Defender Assoc. helps lawyers "doing good".
August 1, 2005... Byline: Robert J. Rhudy and Joe Surkiewicz (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) When Jo-Ann Wallace, the new president and CEO of the National Legal Aid & Defender Assoc.,...

Commentary: Take the test - are you accountable?
August 1, 2005... Byline: Betsy Nelson (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) In my last column I discussed the Panel on the Nonprofit Sector's recommendations for improving the transparency,...

7th Circuit rules USPS regulations can't be more stringent than FMLA.
August 2, 2005... Byline: Erin Suess The U.S. Postal Service cannot make its return-to-work regulations more stringent than what the Family Medical Leave Act requires, ruled the 7th U.S. Circuit Court of Appeals, giving a former postal worker a leg to stand...

Regulators put new spin on Sarbanes-Oxley.
August 2, 2005... Byline: Claude Solnik (This article originally appeared in Long Island Business News, NY, another Dolan Media publication.) A new interpretation by regulators of the controversial Sarbanes-Oxley Act will change the way internal audits...

Prejudgment of eminent domain law issues a concern.
August 2, 2005... Byline: Mike Trask When Gov. Matt Blunt earlier this year created a task force to review eminent domain laws and how eminent domain is being used throughout the state, he made it clear he wanted the group to come up with legislative...

Commentary: Accounts Receivable: The cash-flow key.
August 2, 2005... Byline: Jim Wirken This week we are going to talk about "accounts receivable." Other than actually getting out a bill, accounts receivable is the most important area in the "positive cash flow" process in any law firm. You cannot talk...

Commentary: Adobe Acrobat - More than just a form reader.
August 2, 2005... Byline: Bruce L. Dorner (This article originally ran in Lawyers Weekly USA, Boston, another Dolan Media publication). Just about every lawyer has a copy of the free Adobe Reader installed on his or her computer. We all know that court...

Trends in nursing home litigation.
August 3, 2005... Byline: John DeMoor (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) When St. Louis defense attorney Stephen Strum finished his closing argument on behalf of a nursing home...

Assn. of Trial Lawyers of America bans media from annual convention.
August 3, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Just a week before its annual convention, the Association of Trial Lawyers of America announced it was...

'Inheritor's Trust' now popular option for estate planning.
August 3, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) A new trend in trusts places the inheritor in charge of where his inheritance goes - as long as he is willing to...

Commentary: Time to take a vacation!
August 3, 2005... Byline: Christine Ann Hughes The dog days of August are here and its hot! I can't even put my top down on my Sebring convertible because of the heat. If I had a lot of money the first place I would be going this month is to Alaska! It's...

8th Circuit affirms denial of supplemental benefits.
August 4, 2005... Byline: Donna Walter Three times wasn't a charm for a woman who has been applying for supplemental Social Security benefits since 1992. After an administrative law judge denied Debra Vester's application for benefits the first two...

Investments with social conscience becoming more common, popular.
August 4, 2005... Byline: Rob Larimer (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Someone once said that where your treasure is, there your heart will be also, but more and...

ABA releases survey of pro bono activity.
August 4, 2005... Byline: KC Daily Record Staff According to a new survey, 66 percent of lawyers gave free legal assistance to people of limited means and organizations serving the poor, volunteering an average of 39 hours of such work during a year. As...

Jackson County jury says defendant not responsible for crash injuries.
August 4, 2005... Byline: Charles Emerick A woman involved in an auto accident at a dangerous intersection won't be compensated for her injuries and lost wages, a Jackson County jury ruled. Lilly M. Woods was traveling west on 12th Street on Aug. 1,...

Commentary: Mo. Supreme Court clears up child custody issue.
August 4, 2005... Byline: Douglas Fredrick (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication). Earlier this month, the Missouri Supreme Court handed down an opinion that clarified the second prong of...

COA clarifies definition of 'recognized' in Mo. statute.
August 5, 2005... Byline: Denise G. Callahan The probate case seemed to be a no-brainer. The father paid child support for his illegitimate daughter, but when he died his will left the girl nothing. The trial court said that was daddy's prerogative, but the...

Clay County court clears two doctors in wrongful death case.
August 5, 2005... Byline: Missouri Lawyers Weekly Staff A Clay County jury has ruled in favor of two doctors who were accused of medical malpractice that resulted in the wrongful death of a patient. The case involved a 30-year-old female who was...

First of many Vioxx trials begins.
August 5, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). The first of more than 4,000 Vioxx lawsuits is underway in Texas, and plaintiffs' lawyers are eagerly...

Commentary: Before lawsuits rain down, consider buying an umbrella.
August 5, 2005... Byline: Frank Rapisarda (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Millions of lawsuits are filed each year in the United States against individuals in all walks of life as the...

Commentary: Law firm sued over medical records disclosure.
August 5, 2005... Byline: John Finerty (This article originally ran in Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication). In employment litigation, a former employee's medical records may be relevant to a number of issues. For...

MO Court of Appeals says noncompete agreement not enforceable.
August 6, 2005... Byline: Erin Suess (This article originally ran in the St. Charles County Business Record, St. Louis, MO, another Dolan Media publication.) To enforce a noncompete agreement against a former employee, a company must have customer lists...

Golf industry copes with oversupply of courses.
August 6, 2005... Byline: Mike Trask (This article originally ran in the St. Charles County Business Record, St. Louis, MO, another Dolan Media publication.) "Golf courses and cemeteries - biggest wastes of prime real estate." - Developer Al Czervik,...

American Bar Assn. Survey: 78% of U.S. voters feel confident votes were counted accurately in 2004.
August 6, 2005... Byline: KC Daily Record Staff Despite public debate over hanging chads, butterfly ballots, machine malfunctions and other alleged hazards of the voting booth, 78.2 percent of U.S. adults who voted in the 2004 elections were confident their...

Commentary: Small business owner, it's time to take a vacation.
August 6, 2005... Byline: Neil Young (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) It's summertime, you own a small business and you're thinking about a vacation, but you're too busy to go. Sound...

Commentary: Real estate boom brings Donald Trump wannabes.
August 6, 2005... Byline: Darren Currin (This article originally ran in The Journal Record, OKC, OK, another Dolan Media publication.) In the midst of the current commercial and residential real estate boom, there has been a tremendous influx of rookie...

Commentary: With juries, the medium is the message.
August 7, 2005... Byline: Paul Mark Sandler Effective advocates understand that people acquire and process information in various ways. While now-aging baby boomers were raised to appreciate the value of the spoken word, younger jurors - and increasingly...

MO Court of Appeals rules animal clinic's driver not covered under company insurance policy.
August 8, 2005... Byline: Denise G. Callahan Commercial insurance policies can be confusing, but the Western District says if they are correctly read as a whole, instead of dissected, error can be avoided. In Jeff Miller v. Patrick Michael O'Brien and...

MO Court of Appeals says gas station owners not protected by statute of limitations.
August 8, 2005... Byline: Donna Walter The owners of a DeSoto gas station that leaked gasoline and contaminated a neighbor's land and groundwater are not protected by the statute of limitations because the plaintiffs asserted claims for a continuing...

Missouri gets $21 million boost in affordable housing.
August 8, 2005... Byline: St. Charles Business Record Staff CharterMac, which through its subsidiaries is one of the nation's leading full-service, multifamily finance companies, announced that it has provided more than $21 million in debt and equity...

Commentary: Web Sightings: Fighting back against video games.
August 8, 2005... Byline: Larry Fiorino People of all ages are hooked on video games. In fact, recent studies have found that 83 percent of children between the ages of 8 and 18 live in a home with a video game console. And while the age of players can...

Missouri judicial conduct rules less restrictive than Minnesota's.
August 9, 2005... Byline: Anne C. Vitale The 8th Circuit recently took its cue from the U.S. Supreme Court and found that two additional clauses of Canon 5 of the Minnesota Supreme Court's Canons of Judicial Conduct are unconstitutional. Although Missouri...

Technology is both a great work saver and work maker.
August 9, 2005... Byline: Claude Solnik (This article originally ran in the Long Island Business News, Long Island, N.Y., another Dolan Media publication). Technology is a great work saver. It's also a great work maker. It's pretty much up to us. ...

Auto fraud law covers everything related to sales of cars.
August 9, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO., another Dolan Media publication). Chinese-American writer Lin Yutang said, "When there are too many lawyers, there can be no justice." By...

Commentary: Accounts Receivable: Don't be afraid to get paid.
August 9, 2005... Byline: Jim Wirken We are still talking about "accounts receivable" as part of the area of "billing" which is the fourth area of the five areas that make up every business in the world. The other four parts of every business are :...

Commentary: Tough guys sometimes break under pressure of real life.
August 9, 2005... Byline: Mark Singletary (This article originally ran in New Orleans CityBusiness, New Orleans, LA., another Dolan Media publication). Every year about this time, I think about Blue McDonald. Whatever success I become in business or...

Anything but the Norm.
August 10, 2005... Byline: Charles Emerick With a calm demeanor, Norm Fretwell denied there was little, if anything, intriguing to say about himself. However, his slight grin revealed there was something more to tell. Leave it to Norm to play down a life...

ABA survey finds most lawyers favor pro bono work.
August 10, 2005... Byline: Donna Walter A vast majority of lawyers surveyed by the American Bar Association believe lawyers should engage in pro bono work, but a smaller majority reported giving free legal assistance to help the poor. Ninety-three...

Borrowers prevail against bank in St. Louis County court.
August 10, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) A St. Louis County judge awarded nearly $1.2 million to plaintiffs as part of a class...

Commentary: Standards for taking telephone testimony at trial.
August 10, 2005... Byline: John Finerty (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) Securing a witness's attendance at trial is usually routine when the witness is also a party. Getting a...

Minn. nonpartisan judicial elections unconstitutional.
August 11, 2005... Byline: Barbara L. Jones (This article originally ran in Minnesota Lawyer, Minneapolis, MN, another Dolan Media publication). The 8th U.S. Circuit Court of Appeals last week struck down as unconstitutional campaign rules prohibiting...

Recent surveys highlight pay for paralegals.
August 11, 2005... Byline: Deborah Elkins (This article originally ran in the Virginia Lawyers Weekly, Richmond, VA., another Dolan Media publication). Paralegals, like lawyers, know that it pays to specialize. Paralegals who are experts in a...

ABA supports reporters' shield statute.
August 11, 2005... Byline: KC Daily Record Staff The American Bar Association House of Delegates today supported a federal reporters' shield law to protect the public's access to information and to promote the fair administration of justice. "Our action...

Missouri woman injured after car struck horse lying in road.
August 11, 2005... Byline: Missouri Lawyers Weekly Staff A woman injured after the car she was riding in hit a horse has lost her Camden County personal injury suit against the horse's owner. Plaintiff Tanya Battison was a passenger in a vehicle driven...

8th Circuit finds U.S. Army Corps did not harm landowners in MO levee dispute.
August 12, 2005... Byline: Erin Suess A flurry of contentious letters between the U.S. Army Corps of Engineers and several Missouri landowners created such a rift that it even split the 8th U.S. Circuit Court of Appeals, with the majority finding the corps...

Means test means shift to Chapter 13.
August 12, 2005... Byline: Tony Anderson (This article originally ran in Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) The means test for Chapter 7 filings is seen as one of the most significant elements of the Bankruptcy Reform...

U.S. Green Building Council applies to national standards certification group.
August 12, 2005... Byline: Daily Journal of Commerce staff (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) The U.S. Green Building Council, with hopes of bolstering support for its LEED...

Commentary: Consider TIPS to battle inflation.
August 12, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Signs of inflation have recently been creeping back into the economy. For example, the consumer price index rose...

Commentary: Know the risks of interest rates.
August 12, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Since long-term interest rates typically move in tandem with short-term rates, many consumers assumed it was a...

States race to respond to Supreme Court takings case.
August 13, 2005... Byline: Correy E. Stephenson In a surprising twist, the most controversial decision from the U.S. Supreme Court's recently ended term has turned out to be a takings case. The decision, which allowed a local municipality to use its...

Home owners work the Web to sell it themselves.
August 13, 2005... Byline: Claude Solnik (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). When Michael and Kimberly Bahr decided to sell their two-bedroom condo, instead of hiring a real estate...

Interest-only mortgages can be a problem.
August 13, 2005... Byline: David Reich Hale (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). Federal Reserve Chairman Alan Greenspan is the latest to pan interest-only mortgages. Speaking in...

Commentary: The attorney's guide to forensic experts.
August 13, 2005... Byline: Robert A. Yano (This article originally ran in Michigan Lawyers Weekly, Detroit, MI, another Dolan Media publication). This article presents answers to some of the most common questions attorneys ask when considering a...

Commentary: You can make a difference even after you're gone.
August 13, 2005... Byline: Betsy Nelson (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Here is an interesting factoid for you: Approximately 80 percent of living Americans contribute to charitable...

Major remodeling projects not generally worth it in order to sell.
August 14, 2005... Byline: Bernadette Starzee (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). Is it worth it to upgrade the kitchen, add a bathroom or create a master suite just to sell your...

Where are the women engineers, asks study.
August 14, 2005... Byline: Cathy Kingsley Recent studies show that women comprise only 20 percent of undergraduate engineering school enrollment nationwide and only 8.5 percent of the United States' engineers. A new study by researchers at the University...

New manufacturers tax break befuddling tax preparers.
August 14, 2005... Byline: Rob Larimer (This article originally ran in the Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Accountants across the country are struggling to interpret a new tax deduction intended...

Commentary: How modern litigation support tools can make your case.
August 14, 2005... Byline: Chris Santella (This article originally ran in The Michigan Lawyers Weekly, Detroit, MI, another Dolan Media publication). Not long ago, the phrase "litigation support software" conjured up images of a clumsy database residing...

Commentary: Spammer's possessions seized and given to AOL members.
August 14, 2005... Byline: Larry Fiorino (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). When AOL members used the "Report Spam" feature on AOL's e-mail service, they aided in bringing a New Hampshire...

Buyer beware? Not if you have a pro on your side.
August 14, 2005... Byline: Claude Solnik (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). Kimberly Senior, an associate broker at Prudential Douglas Elliman, a few months ago helped a Canadian...

MO Court of Appeals holds jurisdiction does not depend on exact last address.
August 15, 2005... Byline: Denise G. Callahan The Missouri Court of Appeals Western District was forced to flex its muscles by issuing a writ of mandamus in order to get a probate judge to comply in a Medicaid recovery action. The case Missouri...

Some lawyers find the business world suits them just fine.
August 15, 2005... Byline: Jess Blumberg (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Sometimes it's a gut feeling. Sometimes it seems more family-friendly. Sometimes it takes a little convincing. ...

Real estate industry sees boom in brokers.
August 15, 2005... Byline: Claude Solnik (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). Priscilla Garston, a publishing consultant who lived in the Hamptons and commuted to Manhattan,...

Commentary: Rivalry breeds healthy competition.
August 15, 2005... Byline: Erika Wirken With summer quickly closing and fall just around the corner the topics of a new season and new school year bring up a lot of other issues. One of my favorite among the things that fall brings is a new season for sport...

Commentary: Selecting a witness who is truly an expert.
August 15, 2005... Byline: John G. Schultz Most lawyers spend considerable time researching an opposing expert before cross-examining the expert at a deposition or during trial. The same investigative intensity is often lacking when it comes to selecting an...

MO. Western COA rules one-time event does not warrant order of protection.
August 16, 2005... Byline: Denise G. Callahan Dirty looks don't rise to the level of stalking the Western District Court of Appeals has decided. In the case of Mattie C. Stiers v. Robert Bernicky, Stiers filed a petition for an order of child protection...

Class Action Fairness Act challenges hits roadblocks in MO. 7th U.S. Circuit Court of Appeals.
August 16, 2005... Byline: Emily Umbright The nonretroactive component to the Class Action Fairness Act of 2005 hasn't stopped a few defendants from trying to remove state-law suits filed before the act's enactment to federal court. But "creative...

MO.7th U.S. Circuit Court of Appeals rules statements made without lawyer can be heard at sentencing.
August 16, 2005... Byline: David Ziemer Statements taken in violation of the right to counsel may be considered at sentencing, the 7th U.S. Circuit Court of Appeals held, where the purpose of the interrogation was to gather evidence against co-conspirators....

Commentary: Accounts Receivable: Use a system to bring in the cash.
August 16, 2005... Byline: Jim Wirken Well, this is my last article with regard to "accounts receivable" as part of the area of "billing" which is one of the five areas that make up every business in the world. The other four parts of every business are :...

Commentary: It's a Gimme - No substitute for playing the game.
August 16, 2005... Byline: Joe Rahnis Granted, many golf tips I pass along in this column are dedicated to improving your game through practice, whether it's on the range or on the course. When it comes right down to it, practice is great, but there's...

Missouri Bar's loan repayment program is severely under funded, says program coordinator.
August 17, 2005... Byline: Charles Emerick A smaller than expected number of lawyers will receive assistance from a Missouri Bar program if it doesn't soon get help from the legal community. The Loan Repayment Assistance Program, designed to assist new...

8th Circuit rules search was legal despite lack of suspicious behavior.
August 17, 2005... Byline: Donna Walter (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Otherwise innocent conduct may still lead police to conclude there's reasonable suspicion to support a...

Internal governance preoccupies American Bar Assn. delegates at annual meeting.
August 17, 2005... Byline: Jane Pribeck (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Emotions run high when slicing up the pie. Some years, the hot topics at the annual meeting of the...

Commentary: The dog days of August can be a learning experience.
August 17, 2005... Byline: Bob Barton When I was looking for my first job after my judicial clerkship, a lawyer friend in my hometown suggested that wherever I decide to practice I should make sure there were some old "war horses" around, because, in his...

$1M settlement awarded to corporate CEO for loss of vision.
August 17, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) 47-year-old CEO of an international company based in Kansas City settled with his doctor...

MO Court of Appeals Western District rules questionable claim should be dismissed.
August 18, 2005... Byline: Denise G. Callahan Premises liability wasn't the proper procedure to put Barnes & Noble on the hook when a woman was injured by a fleeing shoplifter. And in an uncommon move, the Western District offered up vehicles that may have...

ABA poll finds mixed view of government.
August 18, 2005... Byline: Emily Umbright Slightly more than half of Americans can correctly identify the three branches of government, but of those that can't, 22 percent believe the three branches consist of Republican, Democrat and Independent, according...

LASIK verdict nearly doubles record.
August 18, 2005... Byline: Natalie White (This article was originally published in Lawyers Weekly USA, another Dolan Media publication.) A New York jury awarded $7.25 million recently to a former Wall Street investment banker who said his vision was...

Wrongful termination costs State Farm $20 million.
August 18, 2005... Byline: Charles Emerick Five agents wrongfully terminated by State Farm Mutual Auto Insurance were awarded $20 million by a Jackson County jury. The five former individual contractors were left without jobs in January 2000 after they...

Racially hostile work environment leads to $75K verdict.
August 18, 2005... Byline: Charles Emerick An employee who suffered emotional distress due to repeated racially insensitive jokes and comments was awarded a judgment of $75,000. Motor Sport Marketing CEO Pat Rainey created a hostile work environment for...

Commentary: Financial issues for shacked-up seniors.
August 18, 2005... Byline: Dena Frenkel (This article was originally pubished in The Daily Record, Baltimore, MD, another Dolan Media publication.) The number of men and women who are 65 and older and choose to live together without getting married has...