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

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

Fifty years of integration celebrated by the KC Metropolitan Bar Assn.
December 1, 2005... Byline: Charles Emerick Many of the details he has forgotten, but Keith Martin does remember the emotions that filled a 1955 Kansas City Bar Association meeting. At stake was a vote that could forever change the organization. If...

Insurer must provide coverage despite insured's failure to inform.
December 1, 2005... Byline: Erin Suess Insurance policy violations never trump state laws, the Missouri Court of Appeals, Eastern District, reminded American Standard Insurance Co. of Wisconsin, shifting the financial responsibility of an accident in part...

Missouri Bar Board debates legislative agenda.
December 1, 2005... Byline: Emily Umbright Proposed legislation brought by Missouri Bar committees on issues ranging from eminent domain to the right of sepulcher stirred much debate in what was expected to be a routine Board of Governors meeting. "We had...

Forensic accounting: A new twist on bean counting.
December 1, 2005... Byline: Tracy Coenen Traditional accountants and auditors have long been referred to as "bean counters." Some may take offense at the phrase, but if they're being honest, they admit that it is a simplistic but accurate representation of...

MO Court of Appeals finds failure to sign notice of appeal not grounds for dismissal.
December 2, 2005... Byline: Denise G. Callahan For the second time in a month, the Missouri Court of Appeals Western District has again told the Labor and Industrial Relations Commission to quit being so picky. In Natalie Rector v. Cheryl Kelly and the...

Construction worker who suffered brain injury settles for $3 million.
December 2, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) A construction worker who suffered a brain injury when his car was hit by a train has...

Outsourcing rebates benefits builders, buyers, suppliers.
December 2, 2005... Byline: Becky Hurley (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication.) Building supply companies like Kohler, Mohawk Carpet, Atrium Windows and Boise-Cascade,...

Commentary: The power of presence in mediation.
December 2, 2005... Byline: James W. Reeves (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) The United States District Court, Eastern District of Missouri has a local rule requiring the presence of...

Claimant notification of attorney payment rejected by MoBar Board.
December 3, 2005... Byline: John DeMoor Concern about delayed settlements and the public image of lawyers lead state bar leaders to reject having insurance companies notify claimants a check had been sent to their attorney. The Missouri Bar's client...

MoBar Board of Governors approves succession handbook.
December 3, 2005... Byline: Amanda C. Tinnin Before he could even get to the microphone to pitch his agenda item, St. Louis attorney Alan Steinberg heard the Missouri Bar Board of Governors make a motion to approve a planning guide to assist lawyers in the...

Congressional action sought on additional judgments.
December 3, 2005... Byline: NY Daily Record Staff Federal courts, coping with caseloads that "increased fairly relentlessly" over the last 15 years, need 68 new judgeships so they can continue serving justice properly, according to the Federal Judiciary. ...

Holidays synonymous with decline at offices.
December 3, 2005... Byline: Mike Boyd This just in: your co-workers at the office are likely to be more distracted and less productive during the holiday season. Now I'm thinking that we really didn't need a formal survey to confirm this, but the folks at...

Commentary: AOL bringing free TV to the Web.
December 3, 2005... Byline: Larry Fiorino When AOL merged with Time Warner in 2000, executives talked up the potential synergies between Warner's entertainment properties and AOL's growing Internet-user base. Beyond making Time magazine available online to...

Psychological stress history has no bearing on inability to work.
December 4, 2005... Byline: Denise G. Callahan The Western District Court of Appeals determined the Labor and Industrial Relations Commission did not err in awarding a former Quaker Oats employee full and permanent disability benefits. In Betty Higgins v....

Attorney wants Missouri Bar to compile oral history.
December 4, 2005... Byline: Amanda C. Tinnin "History never looks like history when you are living through it," said former Secretary of Health, Education and Welfare, John W. Gardner. And he may have been right. In Kansas City, Mo., the Jackson...

Online raffle spells misfortune for owner of auto accessory Web site.
December 4, 2005... Byline: Cathy Kingsley The popularity of an MTV program is what helped spur business for a Jefferson County man's online raffle, but it also led to his getting caught. Nathan Leiweke of Festus attempted to capitalize on the popular MTV...

Commentary: Great gobs of Google.
December 4, 2005... Byline: Jim Astrachan Once I thought that "Google" was an arbitrary word coined by the mathematician, Edward Kasner, meaning the number "1" followed by 100 zeros. That was "googol." Then I came to believe that "Google" was a word used to...

Western District finds standard for criminal negligence was met.
December 5, 2005... Byline: Denise G. Callahan The Missouri Court of Appeals Western District said there was sufficient evidence to show a mother put her son in harms way when she left him in her mini-van on a summer day while she gambled. On Aug. 15,...

Child Protection Center thanks legislators for continued support.
December 5, 2005... Byline: Charles Emerick Less than a year since nearly losing state funding, the Child Protection Center in Kansas City is approaching a milestone event. Next month marks the 10th anniversary of the CPC, which was spared when Missouri...

Judge rules chapter 7 case constituted 'substantial abuse'.
December 5, 2005... Byline: Kevin M. Momot The debtors sought the discharge of nearly $60,000 in credit card debt for the sole purpose of preparing for large, anticipated discretionary expenses of college tuition for their two children. This constituted...

Commentary: Lawyers as cuddly and sweet as a pit bull.
December 5, 2005... Byline: David Yas There's a scientific principle called Ockham's Razor that goes something like this: "One should not increase, beyond what is necessary, the number of entities required to explain anything." In other words, if you have...

Commentary: A new door to business creativity.
December 5, 2005... Byline: Satish B. Parekh Among all the tools at the disposal of business executives, there is one that keeps on giving and never gets old or outdated. It is an instantaneous door to get out of the box. It is guaranteed to improve one's...

If you have power to skip TV ads, will you seek them out?
December 5, 2005... Byline: Kara Kridler The company that made its name by giving television viewers the power to skip commercials will soon launch a service to help couch potatoes go ad hunting. Digital video recorder company TiVo Inc. will give...

Man convicted of murder released from Cameron prison, granted new trial.
December 6, 2005... Byline: Charles Emerick A man being held in prison for the murder of his mother has been released due to juror misconduct that occurred during his trial more than 12 years ago. Dale Helmig, 49, was granted habeas corpus relief and a...

Man forced out of cigar store wins $7.7M in eminent domain case.
December 6, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) In a case that highlights the nationwide controversy over taking private property for economic use, a San Diego jury...

Law of the Vine: The practice of wine law.
December 6, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Across the country, a handful of lawyers are drinking on the job. But it's not what you think. As...

Commentary: Decide what to track, and keep careful track of it.
December 6, 2005... Byline: Jim Wirken We are almost at the end of our discussion with regard to the fourth area of the five areas that make up every business in the world which is the area of "billing." As you know, the other four areas are: "Clients" or...

Commentary: Retirees must take action against inflation.
December 6, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Consumers with a fixed income will quickly learn that even mild inflation can take them off track. While current...

Consumers liable for debt secured under umbrella credit agreement.
December 7, 2005... Byline: Joy Simmons (This article was originally published in Missouri Lawyers Weekly, another Dolan Media publication.) Consumers who obtained an auto loan and a credit card account secured by the same collateral were still liable for...

Unions challenge Missouri's workers' comp law.
December 7, 2005... Byline: Joy Simmons (This article was originally published in Missouri Lawyers Weekly, another Dolan Media publication.) More than 70 labor organizations filed a lawsuit last week to constitutionally challenge Missouri's new workers'...

Board to hear small businesses' views on state's regulatory process.
December 7, 2005... Byline: Mike Trask (This article was originally published in The Daily Record, St. Louis, Mo., another Dolan Media publication.)Small-business owners who think state government hinders their operations with too many regulations will have...

Commentary: Preparing for a holiday party.
December 7, 2005... Byline: Christine Ann Hughes On December 3, 2005, I hosted our neighborhood Ladies' Annual Christmas Party. For fourteen years the tradition has been for the ladies to meet at one of the homes in our subdivision, go to dinner at a nice...

Failure to reject counteroffer not breach of contract.
December 8, 2005... Byline: Denise G. Callahan Silence doesn't always equate to acquiescence the Missouri Court of Appeals Western District deemed, thus it reversed and remanded a real estate case, wresting a $20,900 damage award away from the sellers. ...

Wal-Mart memo sparks controversy.
December 8, 2005... Byline: Nora Lockwood Tooher Plaintiffs' attorney Douglas Wigdor did a double-take when he read a confidential memo from a top Wal-Mart executive aimed at curbing soaring health care costs by discouraging unhealthy people from applying for...

Diagnosis of mental condition not required for benefits.
December 8, 2005... Byline: Emily Umbright A man did not need a formal diagnosis of mental retardation before age 22 to receive Social Security benefits, he just needed to display symptoms of the condition, a federal appellate court said Tuesday. ...

Commentary: Still using a fax machine? Why not fax from your PC?
December 8, 2005... Byline: Rick Edvalson My family likes trivia games. While I can usually hold my own in games of words and strategy, trivia is not something I try to remember. That's why they call it trivia, after all! All the same, here is a bit of...

Evidence of 'apparent agency' leads COA to remand case to trial court.
December 9, 2005... Byline: Denise G. Callahan A corporate entity might get milked for the actions of its independent contractor now that the Western District Court of Appeals has reversed and remanded a summary judgment in favor of a bull semen seller. ...

U.S. Supreme Court considers federal banking jurisdiction.
December 9, 2005... Byline: Correy E. Stephenson The justices of the U.S. Supreme Court heard oral arguments last week in a case that will dictate the future of federal banking jurisdiction. Wachovia Bank - with the U.S. government's support - asked the...

Eastern District finds contingency fee agreement needs to be unambiguous.
December 9, 2005... Byline: Emily Umbright More than seven years of litigation over a contingency fee agreement left an attorney seeking compensation nearly empty-handed as an appellate court reversed the attorney's $33,700 award in quantum meruit. ...

Commentary: Shopping for your next digital camera.
December 9, 2005... Byline: Bruce L. Dorner Several years ago I graduated from my trusted Olympus 35mm and purchased a 2.1 megapixel digital camera. What a difference! No trips to the drug store for developing - although getting a quality print still required...

Commentary: Valuing professional practices differs from valuing other businesses.
December 9, 2005... Byline: Norman K. Baczkiewicz Professional practices are primarily service businesses and do not usually offer a tangible product. Thus, their primary assets revolve around people. This also means that their most valuable assets are...

Courts rule on tracking suspects by chasing their cell phone signals.
December 10, 2005... Byline: Correy E. Stephenson In two recent rulings that have shone a light on the practices of U.S. Attorneys' offices across the country, magistrate judges in Texas and New York have denied government requests to track suspects' cell...

Home buyers believe in housing bubble, say keep it quiet.
December 10, 2005... Byline: Daily Journal of Commerce staff A survey conducted by the real estate information Web site ThinkGlink.com shows that 66.3 percent of Americans believe there is a housing bubble, with many telling the site they're concerned that...

Divorced dad leads nationwide drive for 'virtual visitation'.
December 10, 2005... Byline: Nora Lockwood Tooher A divorced father's desire to stay in touch with his daughter has grown into a nationwide effort to encourage family courts to consider "virtual visitation" to supplement in-person time in custody agreements....

Commentary: Writing persuasively.
December 10, 2005... Byline: Andrew Baida Giving lawyers advice about how to write a persuasive legal argument may strike some as a particularly poor use of time, but not me. I may not have learned much as the parent of two teenagers who ignore their father's...

Commentary: Elements of style.
December 10, 2005... Byline: Paul Sandler In argument, style is the form into which you put the content of your ideas, the manner in which you convey the substance of your case. An appealing courtroom style may come more naturally for some than for others....

Rising energy prices don't dampen business owners' optimism.
December 11, 2005... Byline: Rob Larimer Rising energy prices may be the biggest threat to small business market conditions, but that hasn't appeared to dampen business owners' optimism about the future. Owners have continued to invest in their businesses...

Patent law changes could generate rush of applications.
December 12, 2005... Byline: Lora Volkert and Anne Vitale Proposed changes to intellectual property law may provoke a race to the patent office, patent attorneys say. The Patent Act of 2005, pending in the U.S. House, would change laws under which patents...

Office space can be used as marketing tool while maximizing efficiency.
December 12, 2005... Byline: Tony Wright (This article was originally published in Lawyers Weekly USA., another Dolan Media publication.) Office space is typically a law firm's second largest expense, topped only by salaries, so isn't it about time this...

Garrett Smalley, former 'Daily Record' Publisher, passes away.(Obituary)
December 12, 2005... Byline: KC Daily Record Staff Garrett L. Smalley, Jr., former publisher of The Daily Record, passed away last Wednesday from pneumonia. He was 82 years old. A memorial service will be held at 11:00 a.m. today at McGilley Memorial Chapel....

Commentary: Let time work for you.
December 12, 2005... Byline: David Clogg Well, I know it is difficult to believe but another year has just flown by. It feels like it was only yesterday when we were all concerned about Y2K and the potential computer failures at the turn of the century....

Arkansas Court of Appeals Judge Andree Layton Roaf speaks at KC Metro Bar's annual meeting.
December 12, 2005... Byline: Charles Emerick Fifty years ago this month, what was then known as the Kansas City Bar Association opened itself to minorities and women following a highly controversial vote. Three black lawyers - Harold Holliday, Lewis C....

Evidence of acquittals used in sentencing at criminal trial.
December 13, 2005... Byline: John DeMoor (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) A shooting victim in a murder trial pointed to a co-defendant in the courtroom, instead of the defendant...

Is bankruptcy reform good for business?
December 13, 2005... Byline: Cathy Lenny (This article originally ran in the St. Charles County Business Record, St. Louis, MO, another Dolan Media publication.) It seems as though the new bankruptcy reform law is a mixed blessing for small businesses...

Lateral recruiting is a way of life in the legal environment.
December 13, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) This holiday season, as you get ready for parties, remember to go easy on the eggnog. Santa Claus may...

Commentary: Spreading the wealth: Compensation computations.
December 13, 2005... Byline: Jim Wirken We are almost at the end of our discussion with regard to the fourth area of the five areas that make up every business in the world which is the area of "billing." As you know, the other four areas are: "Clients" or...

Commentary: Protecting your business even after you leave.
December 13, 2005... Byline: Ben Proctor (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication.) As a small-business owner, you have a lot invested in your company. Like most entrepreneurs, your...

MO Court of Appeals' Eastern District rules subsidence required in lateral support claims.
December 14, 2005... Byline: Joy Simmons A landowner must demonstrate a disturbance in property, before a neighboring landowner can be held liable for damages because of withdrawal of lateral support, the Missouri Court of Appeals' Eastern District ruled. ...

Identity theft remains a major threat, according to Better Business Bureau.
December 14, 2005... Byline: Brad Carlson (This article was originally published in Idaho Business Review, Boise, Idaho, another Dolan Media publication).Consumers and many business people still aren't doing enough to guard against identity theft, observers...

Hobby industry holding up during the holiday season.
December 14, 2005... Byline: Jerry Shottenkirk (This article was originally published in The Journal Record, Oklahoma City, Okla., another Dolan Media publication).Shoppers hunt through piles of advertising circulars to get the latest information and sales on...

Commentary: Avoid high scores from high wind.
December 14, 2005... Byline: Joe Rahnis (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication). With cold weather upon us, it's time to talk about playing golf in windy conditions. Playing golf in...

Commentary: Some resolutions for your portfolio.
December 14, 2005... Byline: Gary Williams (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication). Even if you aren't among those who normally make New Year's resolutions - and keep them - this may be a...

Missouri Watch: Advocacy for Missouri's consumers.
December 15, 2005... Byline: Amanda C. Tinnin Being a medical malpractice lawyer can be somewhat of a paradox. For Michael Mohlman, an attorney with The Sly James Firm, a perfect world would mean no one would need him. Mohlman likes what he does, but...

Jury rules for DaimlerChrysler in St. Louis suit over safety of minivan.
December 15, 2005... Byline: Emily Umbright The DaimlerChrysler Corp. had a big day on Monday in the St. Louis area. It announced a $1 billion investment in its Fenton, Mo., assembly plant, and it successfully defended against a multimillion-dollar lawsuit in...

Employee raises, bonuses not likely to increase in 2006.
December 15, 2005... Byline: Kennedy Smith The majority of the nation's employees are not expected to receive higher raises and bonuses in 2006 than they did in 2005, a new survey finds. Less than one-third - 29 percent - of chief financial officers polled by...

Commentary: Smart consumers can trim tech bills.
December 15, 2005... Byline: Larry Fiorino Americans are spending as much as $300 per month to stay connected through home and mobile phones, the Internet, and premium TV services like cable and TiVo. And new features like on-demand movies and downloadable...

Construction firms need to have organized contract presentations.
December 16, 2005... Byline: Brian Johnson (This article was originally published in Finance & Commerce, Minneapolis, Minn., another Dolan Media publication.) During his 20 years as a project manager and owner's representative, Dick Strassburg has learned...

Record construction spending ignites nationwide inflation.
December 16, 2005... Byline: New Orleans CityBusiness Staff Writer (This article was originally published in New Orleans CityBusiness, New Orleans, La., another Dolan Media publication.) "Construction spending set another record in October, reaching $1.13...

Survey provides insight for outside corporate counsel.
December 16, 2005... Byline: Jaclyn Jaeger (This article was originally published in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Controlling the high costs of litigation is far more important to most corporate counsel than winning a...

Commentary: Recent retaliatory rulings: Appeals analyze 'adverse' actions.
December 16, 2005... Byline: Marshall Tanick (This article was originally published in Minnesota Lawyer, Minneapolis, Minn., another Dolan Media publication.) Employees who assert that they have been the subject of wrongful retaliation in the workplace...

Commentary: My favorite electronics store: CompBestMax.
December 16, 2005... Byline: Lon Matejczyk (This article was originally published in the Colorado Springs Business Journal, another Dolan Media publication.) One business segment I am not buying any stock in is the packed arena of electronics. I am...

Going green one way to generate greenbacks for businesses.
December 17, 2005... Byline: Mike Trask "It's not easy being green," according to that astute observer Kermit the Frog. But in the field of construction, contractors are hearing kudos for their green buildings, which are gaining acceptance nationally and...

Missouri sees 3,500 more jobs in November.
December 17, 2005... Byline: St. Charles Business Record Staff Missouri seasonally adjusted payroll employment continued to grow with the addition of 3,500 new jobs in November adding to the 28,100 new jobs created since January, the Missouri Department of...

Economists say America's middle class slipping away.
December 17, 2005... Byline: Amy Gillentine The message from economic experts and business owners is clear: change business practices or be affected by the loss of middle-class incomes. Skyrocketing health care costs and disappearing jobs are contributing...

Commentary: Something's missing: Recreating books, records for an audit.
December 17, 2005... Byline: Tracy Coenen You are being audited. These are some of the most dreaded words an individual or business will ever hear from a state or federal tax auditor. They invoke fear, panic, and sometimes anger. Most of all, they...

Commentary: Think safety, security when cybershopping.
December 17, 2005... Byline: Mike Boyd If you're one of those people who dread battling the holiday crowds at the mall, you've probably considered doing at least some of your seasonal shopping online. And while pointing and clicking your way to the bottom...

Commentary: Funding for the small biotech company.
December 18, 2005... Byline: Mark E. Rapson Obtaining funding is one of the most challenging tasks for the small biotech company. This sometimes feels more difficult than the actual research and development activities of the business, but it doesn't need to be...

Commentary: E-mail: Career opportunities and pitfalls in workplace communication.
December 18, 2005... Byline: Stephen Seckler and Rob Toomey Communication has changed dramatically in the workplace in the past two decades. In a span of less than 20 years, voice-mail, cell phones, overnight delivery and personal computers have altered where...

MoBar program continues to help new lawyers enter public service.
December 18, 2005... Byline: Erin Suess In the case of shrinking budgets everywhere, how do you find the extra money to pay for someone to enter public service? The Missouri Bar's answer to that question, The Missouri Bar Loan Repayment Assistance Program,...

Senator Chuck Gross seeks to define blight.
December 18, 2005... Byline: Mike Nixon As expected, Gov. Matt Blunt's task force has developed a list of recommendations aimed at restricting local government's ability to use eminent domain on behalf of private development. And it's generally a good report,...

A little energy conservation at home can go a long way toward saving.
December 18, 2005... Byline: Ken Miller Winter hasn't arrived yet, but the power bill shows the cold-weather season is already here, and with energy prices on the rise, there's still plenty to do to slow the spinning electric meter and curb the impacts of...

Appellant prevails, but fails to get sentence reduced.
December 19, 2005... Byline: Denise G. Callahan The end result of a partial reversal in a drug case really had no net effect since two of the counts - and the concurrent sentences - stood after the Western District Court of Appeals reviewed the case. Shane...

Retirement planning as a do-it-yourself job.
December 19, 2005... Byline: Mike Trask The traditional pension plan appears to be in danger of extinction. Once prevalent in corporate America, many companies have converted their defined pension plans into 401(k) savings plans while others, like bankrupt...

Domestic partner agreements can prevent trouble down the road.
December 19, 2005... Byline: Barbara L. Jones When a relationship between unmarried domestic partners sours, it can have all the dynamics of a divorce - from the question of who stays and who goes from the joint residence to those inexplicable fights about...