Daily Record (Kansas City, MO) articles from August 2008

Daily Record (Kansas City, MO) archives from August 2008

Senior U.S. District Judge Stephen Limbaugh Sr. to join Armstrong Teasdale.
August 1, 2008... Byline: Donna Walter The federal court's loss will be Armstrong Teasdale's gain. Senior U.S. District Judge Stephen Limbaugh Sr. will join the firm in September in an of counsel capacity, he said Thursday. Telephone messages left at the...

After five months, Missouri Supreme Court passes on tobacco appeal.
August 1, 2008... Byline: Scott Lauck A $20 million verdict linking smoking to a woman's death likely will head back to Jackson County court after a lengthy appeal ended without comment. The Missouri Supreme Court on Thursday retransferred the case against...

Democratic candidate for Missouri attorney general, Molly Williams, breaks silence on Web.(Website overview)
August 1, 2008... Byline: Charles Emerick Just days away from the primary election, Democratic attorney general candidate Molly Williams is finally coming out of the shadows. A new Web site -- www.mollywilliams.info -- recently popped up on the Internet,...

Missouri Supreme Court: Commitment allowed for prior SVP offenses.
August 1, 2008... Byline: Kelly Wiese A divided Supreme Court on Thursday affirmed a man's commitment as a sexually violent predator, even though the sentence he was completing did not qualify as a sexually violent crime. The court heard arguments in...

Most applicants for seat on Missouri Supreme Court are white, male.
August 1, 2008... Byline: The (Kansas City) Daily Record Of the 23 who have applied to sit on the state Supreme Court, most are white and male, according to demographic information released Thursday. Those looking to succeed Judge Stephen N. Limbaugh Jr....

Three women nominated for St. Louis judge spot.
August 1, 2008... Byline: Donna Walter For the first time in four years, three women have been nominated to fill a judicial vacancy. The 22nd Circuit Judicial Commission sent to Gov. Matt Blunt the names of St. Louis Associate Circuit Judge Paula Perkins...

Stephen N. Limbaugh: An inspiration to St. Louis lawyers, judges takes a bow.
August 4, 2008... Byline: Donna Walter The long farewell came to an end Thursday evening as Stephen N. Limbaugh left the Thomas F. Eagleton U.S. Courthouse for the last time as a federal judge. On his last day of work, the judge tried to clear off as much...

Missouri public defenders inch closer to case refusal.
August 4, 2008... Byline: Kelly Wiese They've talked about it for a year and a half. Now the state public defender system is putting its plan to refuse new cases into action, on a small scale. The public defender system sent a letter Friday to judges in...

Commentary: At least I try to get the law right.
August 4, 2008... Byline: Craig Napier Are you serious? Really? While it once seemed just a funny SNL quip from Weekend Update, it now is a moniker that I have to hold back when debating other lawyers about cases. I have obviously moved into handling more...

Kansas City Courthouse Roundup: August 4, 2008.
August 4, 2008... Byline: Charles Emerick When a construction lawyer slips and falls on a newly remodeled sidewalk, odds are litigation will ensue. That was the case for Brown & Dunn attorney William DeBauche, who was compensated for his injuries by a...

Power line injury heads to trial in Jackson County.
August 5, 2008... Byline: Charles Emerick Worker lost use of hands, mobility in 2005 accident A Jackson County jury will soon start hearing evidence in the case of a Buckner man who suffered crippling injuries in a deadly crane accident. Stanley Rorrer,...

Federal judge to say if family must move to Israel.
August 5, 2008... Byline: Kelly Wiese A federal appeals court has ruled that a federal judge must consider a divorced father's suit under an international standard seeking to have his children sent to Israel. The man and woman were married in Israel but...

St. Louis barge litigation may keep on rolling.
August 5, 2008... Byline: Donna Walter On his last day of work, Senior U.S. District Judge Stephen N. Limbaugh issued his final order in a massive 10-year-old case over the property damage that occurred when a group of barges hit the Admiral. But the...

Med mal theory OK'd for expert explanation in Missouri.
August 6, 2008... Byline: Angela Riley Plaintiffs can now bring medical malpractice cases that involve common medical knowledge that needs a medical expert's testimony to explain, the Missouri Supreme Court ruled. The legal theory of res ipsa loquitur --...

New Missouri law a victory for gay rights.
August 6, 2008... Byline: Kelly Wiese It's a minor section of the law, but it's one that can make a big difference to some couples at the end of their lives. The Legislature this year passed a law that allows gay partners and others not legally married to...

Three months late and an election short, Missouri Court of Appeals enters ballot ruling.
August 6, 2008... Byline: Charles Emerick Months after a deadline passed to submit ballot signatures, a court ruling on Tuesday officially ended a controversial initiative aimed to stop affirmative action programs in Missouri. The Missouri Court of Appeals...

Missouri Court of Appeals Western District says old statute now is pointless.
August 7, 2008... Byline: Charles Emerick For the second time in 20 years, the Missouri Court of Appeals Western District has questioned the necessity of a state statute that dates back to the early 1900s. In an opinion handed down on Tuesday, the court...

Lawsuits quickly follow major highway accident near St. Louis.
August 8, 2008... Byline: Angela Riley Three weeks ago, a tractor trailer crashed into stopped cars on U.S. Highway 40 near St. Louis, injuring 15 people and killing three. Just five days after the accident, the first lawsuit was filed. Two additional suits...

Commentary: Desk descriptions: The lifeblood of the team.
August 8, 2008... Byline: Christine Hughes Della Street was the faithful and devoted legal secretary who assisted Perry Mason on the Emmy-award-winning television series that ran from 1957 to 1966. Together they successfully defended countless individuals...

Eminent domain measure invalid in Missouri; lawsuit planned.
August 8, 2008... Byline: Kelly Wiese Casino, home health care initiatives approved for November ballot A group that proposed two measures restricting use of eminent domain plans a legal challenge to the secretary of state's determination that the...

Alexander named Clay County judge.
August 8, 2008... Byline: Scott Lauck Shane Alexander is preparing to handle cases from the other side of the bench. Alexander, 40, was named Thursday to a vacancy on the 7th Judicial Circuit in Clay County, where he is currently the chief assistant...

St. Louis Circuit Court awards K.C. rail worker $1.43 million.
August 8, 2008... Byline: Angela Riley A former switchman for Union Pacific Railroad, who can no longer work due to osteoarthritis, was awarded $1.43 million in a personal injury lawsuit against the railroad on Tuesday in St. Louis Circuit Court. A jury...

St. Louis Gateway Arch accident means chance for litigation.
August 11, 2008... Byline: Kelly Wiese Last summer, as tourists were being carried up to see the view from atop the Gateway Arch, a cable snapped in the tram, knocking out power and trapping visitors for a few hours. With a new report out blaming the...

Wrongful death prompts search for rightful father in St. Louis County Circuit Court.
August 11, 2008... Byline: Angela Riley It's rare to see a father vying for paternity of a child. To have two fathers competing for paternity is essentially unheard of. At least that's what two local attorneys thought, until two clients came to them...

Kansas City Courthouse Roundup: August 11, 2008.
August 11, 2008... Byline: Charles Emerick U.S. District Judge Sarah Hays ruled on July 30 that the relationship between the remaining defendants -- GfK NOP, RoperASW and Roper Starch Worldwide -- and Summer Shipp did not require the companies to make any...

Commentary: Olympics give China too much of a platform.
August 11, 2008... Byline: Craig Napier It's Olympics time again, and we're in the smoggy belly of the big red Monster west of us on the Pacific Ocean. I'm no China expert, but I can't believe the world allowed such an instant public relations piece for a...

Auto theft not a violent crime, 8th Circuit says.
August 12, 2008... Byline: Donna Walter Reversal makes felon eligible for release A federal appeals court said Monday it would no longer consider auto tampering and most types of auto theft to be crimes of violence. Just one type of auto theft -- by...

Wife of Kansas City Mayor Funkhouser seeks dismissal from Bates lawsuit.
August 12, 2008... Byline: Charles Emerick The wife of Kansas City Mayor Mark Funkhouser denied that she ever sexually harassed or displayed discriminatory behavior toward a former mayoral staffer. Gloria Squitiro, one of three defendants in the lawsuit...

Auto theft not a violent crime, 8th Circuit says.
August 12, 2008... Byline: Donna Walter Reversal makes felon eligible for release A federal appeals court said Monday it would no longer consider auto tampering and most types of auto theft to be crimes of violence. Just one type of auto theft -- by...

8th U.S. Circuit Court of Appeals OKs dismissal of K.C. housing suits.
August 13, 2008... Byline: Donna Walter A federal appeals court upheld the dismissal of class action lawsuits alleging black residents in Kansas City were charged higher homeowner insurance rates than white residents. The 8th U.S. Circuit Court of Appeals...

Missouri Court of Appeals Western District affirms $1.46 million in verdicts.
August 13, 2008... Byline: Charles Emerick Two men will keep nearly $1.5 million they received for burn injuries sustained while working as contractors for Saint-Gobain Calmer, an appeals court ruled on Tuesday. In two separate opinions, the Missouri Court...

St. Louis lawyer is next National Bar president.
August 13, 2008... Byline: Angela Riley Attorney and former St. Louis Circuit Clerk Mavis Thompson has been elected president-elect of the National Bar Association. As the elected president of the nation's oldest and largest black legal organization,...

Courts empty this week for Missouri judges' college.
August 13, 2008... Byline: Angela Riley The hallways of local courthouses will feel quite empty this week, and the business attire of many employees will be replaced by jeans and Cardinals shirts. Business at the courts has slowed because most judges in St....

Missouri's Children's Mercy faces rights suit after cancer survivor is fired for showing breasts.
August 14, 2008... Byline: Charles Emerick Behind a locked door at Children's Mercy Hospital, Lisa Herron showed a group of supportive female co-workers the scars left behind from a double mastectomy. But that moment, which Herron called a celebration of my...

E-discovery e-xpensive: 8th Circuit Judicial Conference explores costs, methods for data retrieval.(Conference news)
August 14, 2008... Byline: Donna Walter St. Louis lawyers Dan Nelson and Steve Sherman gave federal lawyers and judges a peek under the hood in the e-discovery seminar Wednesday afternoon at the 8th Circuit Judicial Conference. The annual conference is being...

Federal prosecutors defend charges against Lori Drew.
August 14, 2008... Byline: Sarah Wienke The federal government is defending its use of the Computer Fraud and Abuse Act to prosecute Lori Drew, the O'Fallon woman accused of harassing a teen by creating a fake online identity on MySpace. On Monday, Assistant...

Ex-St. Louis fire chief to appeal demotion to circuit court.
August 14, 2008... Byline: Angela Riley The St. Louis City Civil Service Commission denied an ex-St. Louis fire chief's appeal of his demotion, but he and his attorney are prepared to fight the decision in court. The City Civil Service Commission issued a...

Kansas City Legal Briefs: August 14, 2008.
August 14, 2008... Byline: The (Kansas City) Daily Record Nixon files pair of suits in K.C., St. Louis Missouri Attorney General Jay Nixon filed two unrelated lawsuits on Tuesday -- one each in Kansas City and St. Louis. In Jackson County Circuit Court,...

Ballot measure on casino cap subject of suit in Missouri.
August 15, 2008... Byline: Charles Emerick A lawsuit filed Thursday is challenging a ballot measure that would prevent any new casinos from being built in Missouri. The proposal, titled The Schools First Elementary and Secondary Education Funding Initiative,...

Constitutional views, civilly.
August 15, 2008... Byline: Donna Walter Originalist, living document proponents face off in debate Judges and lawyers attending the 8th Circuit Judicial Conference in Chicago this week were treated to a lively debate about constitutional interpretation....

Western District asked to reinstate $17M award.
August 15, 2008... Byline: Charles Emerick Attorneys for a class of plaintiffs want an appellate court to reinstate a $17.3 million verdict wiped out by a trial court judge. In arguments before the Missouri Court of Appeals Western District on Thursday, a...

8th Circuit reverses its lengthened sentence.
August 15, 2008... Byline: Angela Riley The U.S. Supreme Court declared in June that a federal appeals court may not order a defendant's sentence to be increased without an appeal or cross appeal from the government. Dutifully, the 8th U.S. Circuit Court of...

Wachovia to pay $9 billion in Missouri-led settlement.
August 18, 2008... Byline: Angela Riley Wachovia Corp. has reached a $9 billion settlement regarding probes into its sales of auction-rate securities. The settlement returns over $5.7 billion to over 40,000 investors by year's end, Missouri Secretary of...

Kansas City Courthouse Roundup: August 18, 2008.
August 18, 2008... Byline: Charles Emerick After hearing nearly two weeks of evidence and being asked to award more than $17 million in damages, a Jackson County jury needed just less than an hour to return a defense verdict on Friday. The jury unanimously...

Commentary: Ups and downs are tough to take, or share.
August 18, 2008... Byline: Craig Napier Sometimes I think managing my wife's expectations is just as important as managing my client's. Recently a case we've been working on had a chance to settle, and everyone was optimistic about our chances. I informed my...

Margaret Donnelly to seek recount in Missouri election.
August 18, 2008... Byline: Scott Lauck An appeal of an election recount in Johnson County, Mo., might not have made a difference in that dispute, but it could guide a recount request in the Democratic primary for attorney general. Margaret Donnelly announced...

Series of deaths at Clayton law firm leave some wondering.
August 18, 2008... Byline: Kelly Wiese Most think it's just an odd set of coincidences. But they still scratch their heads and can't help but wonder if there's more to the story. The civil defense firm of Boggs, Avellino, Lach & Boggs has had three of its...

Watching and wasting: Olympics, fantasy football put strain on workplace productivity.
August 19, 2008... Byline: Angela Riley Workplace productivity is something that is always on employers' minds, but with recent events, they might have even more obstacles to their employees' staying focused. Nielsen Online released a study last week stating...

16th Circuit court vacancy gets 20 applicants.
August 19, 2008... Byline: Charles Emerick The first judicial vacancy of the year in Jackson County reversed a short trend that saw a decrease in the number of applicants seeking the bench. When the deadline passed late Friday afternoon, 20 applicants filed...

Law, independent judiciary critical, Kansas City businessman says.
August 19, 2008... Byline: Donna Walter Respect for the rule of law and an independent judiciary is essential for commerce, a Kansas City businessman told a group of federal lawyers and judges Friday at the 8th Circuit Judicial Conference in Chicago. Landon...

Missouri Bar names new members to board, Young Lawyers Section council.
August 19, 2008... Byline: The Daily Record Staff Members of the Missouri Bar elected eight new members to the organization's Board of Governors and retained 12 incumbents for new terms, the Bar said Monday in a press release. Also Monday, the Bar...

Kansas City's Polsinelli Shalton Flanigan Suelthaus lays off nine.
August 20, 2008... Byline: Scott Lauck Polsinelli Shalton Flanigan Suelthaus has joined the growing list of law firms to have laid off lawyers this year. The firm's chairman and CEO, W. Russell Welsh, said Tuesday that nine lawyers have been fired from the...

Federal judge in St. Louis: Metro not subject to its host states' open records laws.
August 20, 2008... Byline: Donna Walter A federal judge in St. Louis threw out a local television station's lawsuit against Metro, the area's bi-state public transportation agency. KMOV TV, Channel 4 on the dial, sued Metro after the agency refused to...

Trial of interest in St. Louis Circuit Court ends before it begins.
August 20, 2008... Byline: Kelly Wiese A mistrial was declared Tuesday in a case being watched by lawyers from across the country. The lawsuit itself is similar to many filed around the country in recent years. The state of Missouri, through the attorney...

Missouri Supreme Court panel selection coming today.
August 21, 2008... Byline: Charles Emerick Joseph Dandurand can relate to the anxiety nearly two dozen Missouri Supreme Court applicants are feeling today. This afternoon, the Appellate Judicial Commission is expected to announce the candidates it is sending...

'Comprehensive' deal near in 47 priest abuse lawsuits in Jackson County.
August 21, 2008... Byline: Scott Lauck A settlement is expected as early as today in a series of 47 lawsuits in Jackson County alleging sexual abuse by priests. The size of the settlement with the Diocese of Kansas City-St. Joseph -- $10 million -- is far...

Lawyers argue over release of Missouri ethics counsel's opinion.
August 21, 2008... Byline: Donna Walter Lawyers showed up at federal court Wednesday morning ready to argue about whether prosecutors have the right to compel Missouri ethics counsel Sara Rittman to produce an informal advisory opinion she issued to a...

Missouri Court of Appeals Eastern District says transferred property not a gift.
August 21, 2008... Byline: Angela Riley The Missouri Court of Appeals Eastern District decided that a transfer of property from parents to their son was not a gift when the son paid money in consideration for the property. On Tuesday, the court reversed and...

Missouri Supreme Court delays man's execution.
August 21, 2008... Byline: The (Kansas City) Daily Record A man set to be executed next week won a temporary reprieve from the Missouri Supreme Court on Wednesday. The state's highest court had set an execution date of next Wednesday for Dennis Skillicorn....

Lawyers could pad ranks in Missouri Legislature.
August 22, 2008... Byline: Kelly Wiese The ranks of those who have been through law school could grow when the new Legislature convenes in January. With primary elections out of the way, many state legislative seats already have been determined. Others face...

Fischer, Hardwick, Holliger tapped for Missouri Supreme Court.
August 22, 2008... Byline: The (Kansas City) Daily Record Staff The panel charged with selecting three finalists for the Missouri Supreme Court has again sent the names of three people already wearing black robes to the governor. The panel late Thursday...

FedEx loses investors as courts upend founder's model.
August 22, 2008... Byline: Laurence Viele Davidson and Bob Van Voris Bloomberg News FedEx Corp. tells its ground-service drivers when to work, what to charge customers and what kind of socks and shoes to wear, the workers say. Drivers who sued the...

In defiance of economy, students flock for Heartland job fair in K.C.
August 23, 2008... Byline: Scott Lauck Law students aren't facing the greatest job market. Of course, when you're carrying a ton of student debt and just starting your career, the economy never looks good. I really do expect to see more anxious students. But...

Saint Louis University law students learn to mind their Ps and Qs.
August 23, 2008... Byline: Angela Riley If you hold the blade of your knife the wrong way at dinner, it could be curtains, said Saint Louis University's own Miss Manners, Anne Hensley. Your mother may have always told you to mind your Ps and Qs, but many...

Kansas City Courthouse Roundup: August 23, 2008.
August 23, 2008... Byline: Charles Emerick A trial judge on Friday expressed concern about arguments by Gov. Matt Blunt and other defendants that they are immune from allegations of defamation. At a hearing to argue several motions to dismiss in a lawsuit by...

Commentary: All the world's a stage, and we are merely lawyers.(Concert review)
August 23, 2008... Byline: Craig Napier Fat guys like bluegrass because you can tap your foot and nod your head from a seated position and still feel like you're dancing. That was my thought last Thursday night as I sat down for my first beer at...

Candidates' work scrutinized: Mo. Supreme Court hopefuls' applications now available online.
August 25, 2008... Byline: Scott Lauck, Donna Walter and Kelly Wiese Following the announcement last week of the panel for the Missouri Supreme Court, Gov. Matt Blunt's office and other interested parties have begun sifting though the legal paper trail of the...

The recounts are on in Missouri.
August 26, 2008... Byline: Donna Walter The Missouri secretary of state's office has certified the results of the August primary election, and two candidates have already asked for a recount. Margaret Donnelly, a candidate in the Democratic primary for...

Wall Street Journal editorial pans Plan: Paper says Blunt should refuse to choose.(Editorial)
August 26, 2008... Byline: Kelly Wiese The Wall Street Journal is again closely tracking developments with judicial selection in Missouri. The Appellate Judicial Commission late Thursday announced the three finalists recommended to Gov. Matt Blunt to fill...

St. Louis Circuit Court: Doctor claims defamation by insurance company.
August 26, 2008... Byline: Angela Riley The question of what qualifies as defamation is the subject of a suit transferred to St. Louis County Circuit Court. Dr. Byron Glenn is a practicing primary care physician in Cape Girardeau. He alleges that Anthem Blue...

John Francis Nangle, judge who refused to retire, dies at 86.
August 26, 2008... Byline: Angela Riley Judge John Francis Nangle expected a lot of the attorneys who entered his courtroom. But he was always fair and courteous with them, unless they got out of line. He ruled his courtroom with an iron fist and a velvet...

Missouri Supreme Court: Death sentence remanded over held evidence.
August 27, 2008... Byline: Charles Emerick A convicted murderer will get a second chance to avoid the death penalty after prosecutors suppressed evidence during his post-conviction relief proceeding. The Missouri Supreme Court on Tuesday granted a new...

Would-be Missouri AG candidate Margaret Donnelly: Recount all the votes.
August 27, 2008... Byline: Donna Walter Would-be attorney general candidate Margaret Donnelly filed a lawsuit Tuesday afternoon in Clay County Circuit Court contesting the results of the Aug. 5 Democratic primary. She originally filed the suit Monday in the...

St. Louis-based KV officers, directors will repay $3M.
August 27, 2008... Byline: Donna Walter KV Pharmaceutical is entitled to more than $3 million from officers and directors who backdated stock options, according to a settlement approved Tuesday by U.S. District Judge Henry E. Autrey. The lawsuit, filed by...

Man sues Kansas City radio station and others for injuries sustained at Rockfest.
August 28, 2008... Byline: Charles Emerick A Kansas City radio station and its popular morning show host face accusations that they are partly to blame for a man's paralyzing injuries. Kevin Cooper claimed a kick to his head by an unknown crowd-surfer during...

Expanding the Plan? Greene County voters to decide on Missouri Nonpartisan Court Plan.
August 28, 2008... Byline: Angela Riley For the first time in 25 years, another county may be added to the Missouri Nonpartisan Court Plan. On Tuesday, Missouri Secretary of State Robin Carnahan approved the measure for Greene County to be added to the...

No holds barred for Missouri campaign donors.
August 28, 2008... Byline: Kelly Wiese Well-heeled donors will have an easier time donating big chunks of money to their favorite politicians starting today. Today, Aug. 28, is the day when most Missouri laws take effect. Exceptions include budget bills,...

Familiar names reappear on panel for Missouri judgeship.
August 28, 2008... Byline: Charles Emerick Three men who have come close to judicial appointments over the past two years are each getting another shot at taking the bench in Jackson County. The 16th Circuit Judicial Commission on Tuesday named David Byrn,...

Federal appeals court in Missouri tosses $200,000 verdict for race discrimination.
August 28, 2008... Byline: Donna Walter The St. Louis Fire Department was complying with a court order when it rejected the applications of two white men in favor of black candidates, a federal appeals court said as it threw out a $200,000 verdict. Michael...

Candidate alleges irregularities in Missouri Senate election.
August 29, 2008... Byline: Kelly Wiese Another losing candidate is challenging the defeat in court, and this time alleges there were so many problems in St. Louis on Election Day that a judge should order the entire election to be redone. Rep. Rodney...

8th Circuit appeals court in St. Louis tosses large part of damages against bank.
August 29, 2008... Byline: Donna Walter A federal appeals court reduced a punitive damages award from $1.08 million to $108,750 but left intact the rest of a $2.6 million verdict against a bank for trespassing and repossessing property financed by a heavy...