Daily Record (Kansas City, MO) articles from August 2007

Daily Record (Kansas City, MO) archives from August 2007

Commentary: Blunt's choice sets up possibilities for judicial battle.
August 1, 2007... Byline: Will Connaghan Missouri Gov. Matt Blunt stands at a crossroads in his term as governor. The Appellate Judicial Commission delivered a three-person panel to him last week for the opening on the Missouri Supreme Court created by the...

Three Kansas City labor attorneys take Missouri to top of list.
August 1, 2007... Byline: James Goodwin Three Kansas City lawyers were recently named among the top U.S. attorneys in labor law, a shrinking specialty in part because of the diminished power of unions nationwide. Labor Relations Institute, an anti-union...

Server from Belton claims On The Border managers ignored harassment.
August 1, 2007... Byline: Trish Mehaffey A former server of On The Border restaurant claims she was forced to quit her job last year because co-workers sexually harassed her, and management didn't take any action. Jackie L. Guillory, 44, of Belton, worked...

Church corporation sues over trademark issue South Restoration Branch Church in Raytown.
August 1, 2007... Byline: The (Kansas City) Daily Record staff The church formerly called the Reorganized Church of Jesus Christ of Latter Day Saints is suing a minister of another church over federal trademark infringement. The Community of Christ Copyright...

Stem-cell, judicial issues in Missouri lead state Sen. Koster to switch parties.
August 2, 2007... Byline: Scott Lauck Denouncing the "extremist agenda" of state Republicans, state Sen. Chris Koster announced Wednesday that he had switched to the Democratic Party. Koster, an attorney and former prosecutor from Harrisonville, said his...

Mo. Court of Appeals Western District upholds tobacco decision, sends case back for damages.
August 2, 2007... Byline: Charles Emerick The family of a deceased smoker is claiming victory following a decision by the Missouri Court of Appeals Western District. In a 2-1 decision Tuesday, the court reversed a Jackson County case in part and sent it to...

Guard sues Overland Park security contractor for harassment, retaliation.
August 2, 2007... Byline: Trish Mehaffey An armed guard is suing an Overland Park security contractor for three years of sexual harassment and retaliation. Dana Peterson, filing pro se, alleges in the federal suit filed Tuesday the harassment started in...

Study gives Missouri's Second Injury Fund slight breathing room.
August 2, 2007... Byline: Scott Lauck An independent actuarial review of the state's Second Injury Fund found that the fund will go insolvent in 2009 -- about a year later than previously projected but still too close for policy makers' comfort. According...

Commentary: Judges, voters deserve better than online offering.
August 3, 2007... Byline: Will Connaghan Judges in Missouri have been under the gun the past few years. What with political attacks and poor compensation, the position of judge has lost some of its shine. Well, you can now add a national judicial survey Web...

Cole County judge considers clear-title challenge to midwife law.
August 3, 2007... Byline: Scott Lauck A Cole County judge heard arguments Thursday in a case that could overturn a state law allowing the practice of midwifery. Attorneys on behalf of the Missouri State Medical Association and other doctors' groups said...

Justice Department says Missouri is responsible for voter registration list.
August 3, 2007... Byline: Trish Mehaffey The Department of Justice claims a federal court erred in absolving the Missouri secretary of state from the responsibility of purging the voter registration lists of people who died, changed addresses or moved. The...

Lawsuits factor into selection of next Mo. Supreme Court judge.
August 3, 2007... Byline: Donna Walter Besides her presumed political leanings, Missouri Court of Appeals Judge Nannette Baker might face another hurdle in her attempt to join the Missouri Supreme Court: her status as a personal-injury plaintiff. On...

Briefs offer varied views on Missouri campaign donations.
August 6, 2007... Byline: Scott Lauck In the aftermath of an unexpected Supreme Court ruling on campaign finance that raised as many questions as it answered, a handful of lawyers across the state have written to the court to urge a variety of solutions....

Kansas City Courthouse Roundup: August 6, 2007.
August 6, 2007... Byline: Charles Emerick A defendant won his case in a dispute over faulty farm equipment and received more than $22,500 for his counterclaims. Michael Smith, sued by Summit Heavy Equipment in 2005 for not paying the entire amount on two...

Advertisers claim Kansas City's refusal to share documents sabotages their business.
August 6, 2007... Byline: Charles Emerick Two outdoor advertising companies claim Kansas City's legal department is sabotaging their businesses by refusing to turn over documents they have repeatedly requested. The Lamar Co. and CBS Outdoor sued the city...

Commentary: Avoid million-dollar snafus by catching small slip-ups.
August 6, 2007... Byline: Craig Napier I worry about slipping up in little ways that could at one level be detrimental to my client and at the other level be malpractice. Consider the following: A law school buddy who recently realized that a check card he...

Missouri Supreme Court rules suit may proceed against Westin.
August 8, 2007... Byline: Donna Walter A Westin Hotel employee involved in a car accident with another hotel employee may pursue his personal-injury lawsuit against the hotel and his co-worker, the Missouri Supreme Court said Tuesday. The ruling disagrees...

Representative calls for openness from Mo. Appellate Judicial Commission.
August 8, 2007... Byline: Scott Lauck A state representative who largely controls the judiciary's budget on Tuesday accused the Appellate Judicial Commission of violating the state's Sunshine Law and vowed to file a law next year to make the body's...

Kansas City Legal Briefs: August 8, 2007.
August 8, 2007... Byline: The (Kansas City) Daily Record staff McFadden-Weaver co-defendant pleads guilty Ricky L. Hamilton, charged in January for his role in a mortgage fraud scheme allegedly involving a former Kansas City councilwoman, pleaded guilty...

Kansas City Metropolitan Bar Foundation sponsors scholarship essay contest.
August 9, 2007... Byline: The (Kansas City) Daily Record Staff The Kansas City Metropolitan Bar Foundation in partnership with the Kansas City Metropolitan Bar Association Public Service Committee created a Constitution Day Essay Contest for high school...

Saint Louis University accuses former director of trade secret theft.
August 9, 2007... Byline: Donna Walter Saint Louis University accuses the former director of cardiac anesthesiology of its medical center of stealing trade secrets. Dr. Dharmender Chandhok, who worked at the center for four years, took with him when he left...

N.Y. attorney sues K.C. hotel for less-than-hospitable stay.
August 9, 2007... Byline: Trish Mehaffey A New York attorney claims employees of the Intercontinental Hotel harassed and caused him such distress that he wrecked his rental car upon leaving the hotel last year. Larry Kars is suing the hotel at 401 Ward...

Vacancies at Mo. Court of Appeals Western District leave judges waiting.
August 9, 2007... Byline: Charles Emerick With two vacancies and possibly a third next month, judges at the Missouri Court of Appeals Western District will have to share the extra workload while waiting their turn to fill those seats. The appeals court,...

8th U.S. Circuit Court of Appeals denies killer's request for another hearing.
August 9, 2007... Byline: Donna Walter Convicted killer Michael Taylor was denied his request to another hearing by either the full 8th U.S. Circuit Court of Appeals or the three-judge panel that ruled against him in June. The court rejected the petition...

Cole County judge tosses midwife law.
August 9, 2007... Byline: Kelly Wiese A Cole County judge has thrown out a law that would have allowed lay midwives to practice in Missouri. The Missouri State Medical Association and other medical groups filed suit challenging the law in late June,...

Commentary: School debate: Students deserve equal quality school system, no matter location.
August 10, 2007... Byline: Tyler W. Laney Maybe I was a poor English and social studies student. Article IX, Section 1(a) of Missouri's Constitution states: "A general diffusion of knowledge and intelligence being essential to the preservation of the rights...

American Bar Association tweaking records proposal.
August 10, 2007... Byline: Allison Retka and Kelly Wiese An American Bar Association committee is fine-tuning a proposal that would urge government authorities to seal certain criminal records from the public eye. The measure tries to expand opportunities...

Missouri lawyer, representative pleads guilty to visa fraud.
August 10, 2007... Byline: Kelly Wiese An immigration attorney and state representative pleaded guilty Thursday to felony fraud charges stemming from a scheme to get work visas for some clients. The U.S. attorney's office in St. Louis announced that Rep....

Commentary: Making U.S. law schools live up to high standards only helps the profession.
August 10, 2007... Byline: Mike Hoeflich In just a few weeks law schools around the United States will open their doors to thousands of new first-year law students eager to join the legal profession. Few of these students will know that there is a quiet...

Seven IP lawyers join St. Louis-based Armstrong Teasdale.
August 10, 2007... Byline: Heather Cole In the latest round of intellectual-property-attorney musical chairs, seven patent lawyers have landed seats at Armstrong Teasdale. The group, led by partner Christopher Goff, exited St. Louis boutique firm Senniger...

Kansas City Legal Briefs: August 10, 2007.
August 10, 2007... Byline: The (Kansas City) Daily Record Staff Five men arrested in police shootings Five Kansas City men were charged in federal court Wednesday in two cases, both in connection with shooting exchanges with police Tuesday. Bryan K....

Commentary: School debate: Adequacy lawsuits emphasize money rather than better education.
August 10, 2007... Byline: Kathleen Navin As part of a growing trend seen across the United States, several school districts in Missouri continue to perform poorly, failing to prepare students for higher education. Following the St. Louis Public Schools'...

Valley Park moves for end to immigrant-law dispute.
August 13, 2007... Byline: Allison Retka Valley Park moved for summary judgment Friday on the federal suit against its immigration ordinances. The city wants U.S. District Judge E. Richard Webber to rule the city's ordinances are in line with Missouri law...

Commentary: Lawyering brings out the poker face in all of us.
August 13, 2007... Byline: Craig Napier You have to use your poker face now and then. Court does not always go as you or your client expects, and your clients don't always do what you expect. Bottom line: Letting yourself appear flustered and upset will not...

Commentary: Missourians should be allowed to use midwives.
August 13, 2007... Byline: Eric Dixon Ever since HB 818, the groundbreaking consumer-based health insurance reform bill, passed both houses of the Legislature by wide bipartisan margins in May, news reports have focused on a small provision legalizing...

Family sues sheriff's office for man's death.
August 13, 2007... Byline: Donna Walter The 1-year-old son of a man fatally shot by a Washington County sheriff's deputy last year is suing the sheriff's department and a deputy for wrongful death and excessive use of force. Deputy Jason M. Louis shot...

Kansas City Legal Briefs: August 13, 2007.
August 13, 2007... Byline: The Daily Record staff Lee's Summit man pleas in mortgage fraud scheme Emanuel M. Kind, of Lee's Summit, pleaded guilty Thursday in federal court to conspiracy and wire fraud in connection with a mortgage fraud scheme....

Kansas City officials aim to reduce recidivism.
August 14, 2007... Byline: Trish Mehaffey A municipal jail official says a $75,000 grant will help provide referral services for female inmates and reduce the 70 percent recidivism rate. Nancy Leazer, superintendent of the Municipal Correctional...

Trial of former Kansas City council member set to end Thursday.
August 14, 2007... Byline: Trish Mehaffey Saundra McFadden-Weaver couldn't acquire a loan to rehab her Kansas City house, so she turned to mortgage fraud to get the money to repair her home, a U.S. attorney alleged Monday. McFadden-Weaver, 47, a former...

Missouri state senator urges attorney general to investigate commission.
August 14, 2007... Byline: Allison Retka The No. 2 Republican in the state Senate wants Missouri's attorney general to investigate the closed-meeting practices of the commission picking the next state Supreme Court judge. Sen. Charlie Shields, R-St. Joseph,...

Legal Services of Eastern Missouri manager killed in St. Louis.
August 14, 2007... Byline: Donna Walter Police suspect that a man who represented immigrants through Legal Services of Eastern Missouri was shot and killed Saturday in an attempted robbery. Dan Horkheimer, 29, was working in front of his north St. Louis...

Kansas City Courthouse Roundup: August 14, 2007.
August 14, 2007... Byline: Charles Emerick Attorneys in a bad-faith case against Allstate Insurance Co. are again requesting documents that the insurer has failed to hand over. The filing made last week by Springfield attorney Steve Garner was the ninth...

Magazine names three Missouri-based firms among best for women.
August 15, 2007... Byline: The (Kansas City) Daily Record Staff Three Missouri-based law firms are among the nation's 50 best for female attorneys, according to a new study published in Working Mother magazine. Making the cut were Blackwell Sanders, Armstrong...

Kansas City Legal Briefs: August 15, 2007.
August 15, 2007... Byline: The (Kansas City) Daily Record Staff Man charged in weekend assault on police officer A Kansas City man faces charges that he used his sport utility vehicle in an attempt to hit a police officer. Jackson County prosecutors...

Jackson County woman sues Florida-based Certegy after former employee sold credit information.
August 15, 2007... Byline: Trish Mehaffey A class action suit filed Friday in federal court against Certegy, a credit- and check-verification company, alleges the company sold customers' credit, debit and check information exceeding $5 million to a data...

Sons blame Kansas City doctor's order for father's death.
August 16, 2007... Byline: Charles Emerick The two sons of a man who died while being cared for at Kindred Hospital blamed their father's death on a lethal dose of Versed. But they sued the wrong person, defense attorney Michael Shaffer said, because his...

American Bar Assn. drops proposal seeking to close select criminal records.
August 16, 2007... Byline: Kelly Wiese A panel of the American Bar Association has dropped an idea, for now, to call on governments to close some criminal records. The ABA's criminal justice section during the weekend pulled back a proposal that was aimed at...

Missouri-based company sues California man over trademark.
August 16, 2007... Byline: Donna Walter St. Louis-based Build-A-Bear Workshop is suing a California company for trademark infringement and unfair competition. Build-A-Bear Workshop, which offers customers young and old the experience of making their own...

Kansas City Legal Briefs: August 16, 227.
August 16, 2007... Byline: The (Kansas City) Daily Record Staff Employees thwart burglar at McDonald's restaurant McDonald's employees used kitchen tools to fight off a burglar early Tuesday morning. Police took Richard L. Vance, of Kansas City, into...

Kansas City's 'King of Kong' makes big-screen debut.
August 17, 2007... Byline: Charles Emerick Climb the ladders, avoid the rolling barrels, and rescue the girl held captive by a giant ape. Twenty-five years ago Steve Sanders maneuvered Mario up the arcade screen in Donkey Kong better than anyone else in the...

Federal jury finds former Kansas City council member guilty of mortgage fraud.
August 17, 2007... Byline: Trish Mehaffey A federal jury found former Kansas City Councilwoman Saundra McFadden-Weaver guilty of one count of conspiracy to commit wire fraud and six counts of wire fraud on Thursday. The jury deliberated about seven hours on...

Kansas City-based Blackwell Sanders helps moms get home by nap time.
August 17, 2007... Byline: Trish Mehaffey Julianne Popper Story doesn't know what she would have done nine years ago when she became a mother if Blackwell Sanders hadn't been willing to alter her work schedule. "I was the first person to make partner and...

Kansas City Courthouse Roundup: August 20, 2007.
August 20, 2007... Byline: Charles Emerick A mother's medical-malpractice lawsuit against Children's Mercy Hospital for the death of her teenage son was dismissed last week following a settlement. Inez Smith sued the hospital and several doctors after her...

Commentary: I could take this job and shovel it.
August 20, 2007... Byline: Craig Napier I know this job beats digging ditches for a living, but sometimes I wonder. While surely I would be in better shape if I dug for a living, the thing I really desire is the silence. Ah, the silence. You may work 12...

State and Region Briefs.
August 20, 2007... Byline: The (Kansas City) Daily Record staff St. Louis County, organization dispute ownership of train A battle over who owns a historic steam locomotive is headed back to court. Both St. Louis County, the owner of the Museum of...

Employee attack prompts Kansas City BBQ worker suit.
August 20, 2007... Byline: Charles Emerick A combination of drugs, sex and alcohol plague the work environment at a legendary Kansas City barbeque restaurant, a former employee claimed in a lawsuit last week. LaQuanta Bryant alleged management at Arthur...

New 'surgical center' law challenged by Planned Parenthood of Kansas and Mid-Missouri.
August 21, 2007... Byline: Kelly Wiese Planned Parenthood asked a federal court Monday to block new abortion restrictions from taking effect next week. The Planned Parenthood of Kansas and Mid-Missouri chapter sued over a provision in the new law that...

8th Circuit rejects latest moves to stop execution.
August 21, 2007... Byline: Donna Walter A federal appeals court has denied a motion by death row inmate Michael A. Taylor to stay its mandate following the court's refusal earlier this month to grant Taylor a rehearing of his case. The 8th U.S. Circuit Court...

Former Jackson County Circuit judge gets platform to defend profession.
August 21, 2007... Byline: Charles Emerick A former Jackson County Circuit judge plans to use his latest appointment to address deep concerns he has regarding an independent and diverse judiciary. Jon Gray, now a partner at Shook, Hardy & Bacon, became the...

Missouri Attorney General Jay Nixon: no investigation of judicial selection.
August 21, 2007... Byline: Allison Retka Attorney General Jay Nixon has declined to investigate the Appellate Judicial Commission, saying there is no indication the group violated state open meetings laws. State Senate Majority Leader Charlie Shields, R-St....

Shook, Hardy & Bacon grows real estate practice in K.C.
August 22, 2007... Byline: Trish Mehaffey Shook, Hardy & Bacon is expanding its business law division in Kansas City and several other offices to anticipate clients' future needs and to reach its goal of becoming a national firm. The firm is well known for...

Kansas City Legal Briefs: August 22, 2007.
August 22, 2007... Byline: Trish Mehaffey and Donna Walter KC man charged for illegal firearms Ronald S. Shephard, 22, of Kansas City, Mo., was charged Monday in federal court with being a felon in possession of a firearm. Shephard, a convicted felon, was in...

Car sparks house fire -- and lawsuit in Jackson County Court.
August 22, 2007... Byline: Charles Emerick A Jackson County jury will decide whether a defective alternator or a bad battery sparked a car fired that destroyed an elderly couple's Leawood home four years ago. During opening statements before Circuit Judge...

A bite of breakfast with Bush at the Corner Cafe in Riverside.
August 23, 2007... Byline: Trish Mehaffey Deborah Houston planned to meet her husband for breakfast Wednesday at the Corner Cafe in Riverside. She never expected to be frisked. She didn't mind too much after learning President George W. Bush was stopping by...

Group aims to undo portion of stem cell amendment in Missouri.
August 23, 2007... Byline: Kelly Wiese A group opposed to a form of early stem cell research filed paperwork Wednesday to try to undo the goal of a constitutional amendment Missouri voters narrowly passed last year. The amendment just enacted provides...

Wrongful firing case rehearing demanded in City of Maryland Heights.
August 23, 2007... Byline: Allison Retka Attorneys in one Missouri city are still rankled about having lost a contentious employment law case two weeks ago. The City of Maryland Heights filed a motion Tuesday for a rehearing before the state Supreme Court in...

Bank spanked by Missouri Supreme Court.
August 23, 2007... Byline: Allison Retka The Missouri Supreme Court issued a sweeping reprimand Tuesday to banks that charge fees for processing mortgage-loan documents. Charging such fees is the unauthorized practice of law, the court said, siding with a...

Kansas City Legal Briefs: August 23, 2007.
August 23, 2007... Byline: Allison Retka and Donna Walter Immigration law amendment passed in secret, plaintiffs allege The plaintiff in the federal case on a St. Louis suburb's immigration ordinances has alleged the city amended one of the measures at...

Planned Parenthood argues for injunction against Missouri new law.
August 23, 2007... Byline: Trish Mehaffey Planned Parenthood argued in federal court Thursday that if a temporary restraining order wasn't granted before Tuesday, two abortion clinics in Kansas City and Columbia would be forced to close. Jennifer Sandman,...

Missouri Gov. Blunt posts answers to Supreme Court survey.
August 23, 2007... Byline: Kelly Wiese Gov. Matt Blunt is sharing the partial responses he has received from the three candidates for the Missouri Supreme Court vacancy. After receiving the list of nominees from the Appellate Judicial Commission, the...

8th U.S. Circuit COA upholds voting rights for people under guardianship.
August 24, 2007... Byline: Donna Walter Missouri election officials cannot deny voting rights to certain disabled people who are under court-appointed guardianship, the 8th U.S. Circuit Court of Appeals said Thursday. The ruling likely caps a case initiated...

Illinois truck accident -- drunk driver of auto dealer vehicle -- insurance coverage of auto dealership -- negligent entrustment.
August 26, 2007... Byline: Benjamin J. Sansone After a traumatic motor vehicle accident in Illinois involving a large pickup truck and a smaller sedan with three severely injured passengers, the families of the victims desperately needed a personal injury...

Sunshine heat wave comin' your way.
August 26, 2007... Byline: Jean Maneke I'm writing my monthly column for the Missouri Press Association's magazine for members today, and it dawns on me that all of you who read this blog, for whatever reason, should be aware of a case decided earlier this...

Decision on restraining order expected today in Kansas City.
August 27, 2007... Byline: Kelly Wiese A law placing further restrictions on abortion is among significant new measures taking effect Tuesday, and it's already being challenged in court. The Missouri Legislature passed, and Gov. Matt Blunt signed, a bill...

Other bills affect gun owners, executioners, court reporters.
August 27, 2007... Byline: Kelly Wiese A host of bills takes effect Tuesday - nearly 100 in all - including several notable to the legal community. Among them are two new laws expanding legal rights of gun owners. The first is touted by supporters as the...

Kansas City Legal Briefs: August 27, 2007.
August 27, 2007... Byline: Charles Emerick A Kindred Hospital doctor was not responsible for a man's death allegedly caused by an injection of Versed, a Jackson County jury determined. The jury took about three hours to reach the verdict in favor of Dr....

Resist the urge to discount fees.
August 27, 2007... Byline: Edward Poll Fundamental to being a business-savvy lawyer is resisting the urge to discount fees -- particularly if the client has earlier agreed to pay the full amount in the engagement letter. Clients who argue about over-billing...

What are the legal implications of the Virginia Tech massacre?
August 27, 2007... Byline: Hon. Edward M. Ginsburg Maintaining a balance between preserving individual rights and protecting society has always been difficult. When I was a law student, I remember hearing a professor say that the criminal justice system was...

High-low agreement negates Jackson County jury verdict for crash injuries.
August 28, 2007... Byline: Charles Emerick An award handed out by a Jackson County jury far exceeded what a Dexter couple demanded for the injuries the husband sustained in a fiery car wreck. But Delbert and Pam Sanders will receive about a quarter of the...

Missouri man's family receives additional damages in wrong-way case.
August 28, 2007... Byline: Charles Emerick An offramp from U.S. Highway 71 is not safe and contributed to the 2006 death of a Holden man, an arbitration panel ruled last week. Tony Bryant died one year after a drunken driver entered the highway from Hickman...

Missouri Supreme Court rules on campaign funds.
August 28, 2007... Byline: Heather Cole Candidates whose elections were over by midsummer won't have to return campaign contributions, but the fate of those still running for office is up in the air. In an unsigned 4 to 2 decision, the Missouri Supreme...

Commentary: Wanderlust, summer's strongest side effect.
August 28, 2007... Byline: Craig Napier "One is the loneliest number that you'll ever do." Not that I usually like Three Dog Night lyrics or have a great number of moments when I say, "Hmm, that really reminds me of that Three Dog Night song." But sometimes,...

Foreign attorneys best when in trouble abroad say St. Louis area attorneys.
August 29, 2007... Byline: Donna Walter Location. Location. Location. Those words are just as important in criminal defense work as they are in real estate. St. Louis area attorneys say it's too risky for them to try to represent clients who've been charged...

Mo. Department of Health and Senior Services director wants Nixon off Planned Parenthood case.
August 29, 2007... Byline: Charles Emerick For the second time in less than one week, the director of the Missouri Department of Health and Senior Services accused the state's attorney general of having a conflict of interest. In a letter to Jay Nixon, Jane...