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

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

Missouri Supreme Court ruling unifies lost-profit calculation.
February 1, 2005... Byline: Emily Umbright A Jackson County trial court will have to recalculate lost profits awarded to the owners of a damaged airplane, the Missouri Supreme Court held Tuesday, putting an end to the split among appellate districts over what...

Lack of training blamed for workers' poor performance levels.
February 1, 2005... Byline: Mike Nixon Specific and practical training has been identified as the reason for poor performance levels among rank-and-file workers and their immediate supervisors. In turn, only one of two employees believes their employer has...

Landscapers debate foreign labor cap.
February 1, 2005... Byline: Justin Stranz (This article originally ran in The Daily Journal of Commerce, Portland, OR, another Dolan Media publication). For the second consecutive year, a federally mandated cap on temporary, nonagricultural foreign worker...

Commentary: How to set up billing for your word processing.
February 1, 2005... Byline: Jim Wirken We are continuing to talk about the fourth area of the five areas that make up every business in the world. As you know, this fourth area is "billing." We have previously talked about the three areas which are as...

Commentary: Planning Ahead - Families feel the squeeze.
February 1, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). There has been much political debate recently regarding the "middle-class squeeze," a result of soaring medical...

Deadline for KC Legal Leaders of the Year nominations near.
February 2, 2005... Byline: Stephanie Mitchum Murphy The deadline is quickly approaching for those thinking of submitting a nomination for The Daily Record's Second Annual KC Legal Leaders of the Year awards. Individuals from the legal community will be...

Affirmative defense amendment not timely filed, rules MO Supreme Court.
February 2, 2005... Byline: Donna Walter Timing is everything. A defendant doctor and his attorney found that out the hard way after the Missouri Supreme Court overturned for the second time a trial court's decision to reduce the amount of the damages...

MO man acquitted of abuse awarded $170,000.
February 2, 2005... Byline: Anne C. Vitale A Missouri father who was acquitted of sex abuse charges made during a custody battle has won nearly $170,000 in a malicious prosecution case. William Bather of Liberty, Mo., claimed that his ex-wife obtained a...

Commentary: KC legal secretary hosts six international visitors for dinner.
February 2, 2005... Byline: Christine Ann Hughes Barbara Dolci, Executive Director of the International Visitor's Council of Greater Kansas City, called me after reading last month's column and asked me if I would like to be a Citizen Diplomat again. On...

MO Court of Appeals says school district employees get chance for trial.
February 3, 2005... Byline: Stephanie Mitchum Murphy A summary judgment was not the proper remedy in a dispute between school district employees, their unions and the school district, the Missouri Court of Appeals for the Western District ruled. In...

MO Court of Appeals says homeowner gets another chance to collect damages over faulty repairs.
February 3, 2005... Byline: Donna Walter A couple who spent $9,000 to have a sun room built on their Sunrise Beach, Mo., home and then spent another $7,000 to have the leaky windows replaced have a chance to recoup some of their money. Although a Camden...

American Bar Assn. releases proposed revisions to Model Code of Judicial Conduct.
February 3, 2005... Byline: KC Daily Record Staff The American Bar Association's joint commission proposing revisions to the Model Code of Judicial Conduct released new draft rules on political activity by judges and judicial candidates, covered in Canon 5 of...

Commentary: Police 'qualify' for immunity in recent 8th U.S. Circuit Court of Appeals cases.
February 3, 2005... Byline: Marshall Tanick The police have a difficult job. Recognizing the problems that law enforcement personnel face, the courts tend to cut them some slack when their actions are challenged in civil lawsuits by claimants of alleged...

Commentary: U.S. Supreme Court rules on taxation of contingency fees.
February 4, 2005... Byline: John Finerty (This article originally ran in Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication). Contingency fee agreements in most cases allow an attorney or law firm to obtain compensation for legal...

Jury finds cigarette maker liable for woman's death.
February 4, 2005... Byline: Stephanie Mitchum Murphy A jury comprised of three smokers and several people with stated biases against smokers and found a tobacco company liable for the death of a woman who smoked for 52 years. In Lincoln Smith, et al. v....

Challenge to sexually violent predator law transferred to MO Supreme Court.
February 4, 2005... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, transferred a convicted rapist's constitutional challenges to the state's sexually violent predator statutes to the Missouri Supreme Court on Tuesday, saying it lacked...

Firsthand experience reveals need for law firms, lawyers network.
February 4, 2005... Byline: Jane Pribeck (This article originally ran in Minnesota Lawyer, Minneapolis, MN, another Dolan Media publication). Everything happens for a reason. But no one wants to hear that when the bad news hits. For example, Minneapolis...

Commentary: The wonderful world of Microsoft Word - Part 2.
February 4, 2005... Byline: Doug Washington No matter how long you've been using Microsoft Word, you can always learn new techniques to help you work faster and smarter. Here are some advanced tips and tricks for Word 97/2000/XP compiled by the editors of...

MO Court of Appeals finds an error in non-compete contract.
February 7, 2005... Byline: Stephanie Mitchum Murphy The Missouri Court of Appeals for the Western District found one portion of a company's non-compete clause was too broad and was therefore, unenforceable in an affirmed in part, reversed in part opinion....

Online contracting guidelines unexpectedly popular.
February 7, 2005... Byline: Michelle Madison Twenty years ago, Dan O'Brien says he had little input in the jobs his electrical contracting business landed. "We used to be a very adversarial business - we were directed and demanded to do a job in a certain...

MO Dept. of Natural Resources offering water pollution prevention grants.
February 7, 2005... Byline: St. Louis Daily Record Staff The Missouri Department of Natural Resources is accepting applications for project funding that will protect Missouri's waters from nonpoint source pollution. Grant awards typically range from $5,000 to...

Commentary: Raising the Bar - Reforming and revitalizing the jury trial.
February 7, 2005... Byline: Paul Mark Sandler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Many aspects of the American legal system are under assault, but the right to a trial by jury suffers from...

Commentary: Eye on the Entrepreneur - Networking tips are closer than you think.
February 7, 2005... Byline: Neil Young (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). What comes to your mind when you hear the term "networking?" Do you think of networking events, where people hand...

Appellate Court of Illinois finds intentional harm keeps insurance co. from defending its insured.
February 8, 2005... Byline: Emily Umbright Thanks to an intentional-harm exception, an insurance company won't have to defend its insured against sexual assault charges, the Appellate Court of Illinois, Fifth District, held last week, explaining that the...

Prepare for change to Missouri workers' comp statute.
February 8, 2005... Byline: Mike Trask After years of debate, it appears likely the Missouri General Assembly will amend the workers' compensation insurance statute. Whether that is a good thing depends on who you talk to. Republicans now not only control...

Investors prepare for economy without Alan Greenspan.
February 8, 2005... Byline: Brian Brus (This article originally ran in The Journal Record, Oklahoma City, OK, another Dolan Media publication). Sometime over the next 365 days - specifically when is anyone's guess - the stock market and the average...

Commentary: Using your photocopier as a profit center.
February 8, 2005... Byline: Jim Wirken We are continuing to talk about "tips" in the area of "billing" as you know. "Billing" is the fourth part of the five parts that make up every business in the world. The other four parts are: "Clients" or "customers";...

Commentary: Rebalance your portfolio to keep your plan moving.
February 8, 2005... Byline: Ben Proctor (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Investment success begins with a sound asset allocation plan - one that matches both an investor's financial goals...

MO Court of Appeals assesses penalty against Wal-Mart for not paying injured employee's medical bill.
February 9, 2005... Byline: Donna Walter Wal-Mart's refusal to pay more than $20,000 in medical expenses for an injured employee means the company will now have to pay close to $60,000 as a penalty for noncompliance. Even though the employer-approved...

Federal Employee Health Benefits Act preempts state law, rules 7th Circuit COA.
February 9, 2005... Byline: Emily Umbright A national insurance company providing benefits to federal employees can solve its dispute in federal court to maintain uniform reimbursement obligations, the 7th U.S. Circuit Court of Appeals said last week, finding...

Survey shows more lawyers take work home.
February 9, 2005... Byline: Erin Suess Most people think homework ends with graduation, but a survey by Robert Half Legal found that attorneys said they give themselves homework assignments an average of nine days per month, or more than twice a week. ...

Commentary: New rollover rules shouldn't replace good old caution.
February 9, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). The IRS is easing some of the nightmare financial consequences of mishandled tax-free rollovers from individual...

KC's Foundation for Lawyers Encouraging Academic Performance honors mentors' dedication.
February 10, 2005... Byline: Stephanie Mitchum Murphy It only takes a few moments in a child's life to make a difference was the message during the Foundation for Lawyers Encouraging Academic Performance's 11th Annual LEAP Mardi Gras Luncheon at the Kansas...

MO Court of Appeals reverses its reversal in dispute over insurance policy proceeds.
February 10, 2005... Byline: Emily Umbright A little over a month ago, the Missouri Court of Appeals, Eastern District, reversed a St. Charles County trial court by awarding a deceased man's $100,000 life insurance policy proceeds to his second wife, rather...

New report assesses minority progress in legal profession.
February 10, 2005... Byline: KC Daily Record Staff Minorities are faring significantly worse in the legal profession than in other professions, minority entry into law has slowed considerably since a growth period from the 1980s through the mid-1990s, initial...

Commentary: Shutting down your computer at night vs. leaving it on.
February 10, 2005... Byline: Rick Edvalson (This article originally ran in The Idaho Business Review, Boise, Idaho, another Dolan Media publication). Our client was feeling a little guilty. "I just leave my computer running all the time," he told me. "I...

Gov. Matt Blunt announces support of tort reform legislation.
February 11, 2005... Byline: Stephanie Mitchum Murphy The issue of tort reform in Missouri is not going away any time soon. On Thursday, Missouri Gov. Matt Blunt announced his support of tort reform legislation introduced last week. "As a candidate...

Seventh Circuit rules loan discharge can be voided.
February 11, 2005... Byline: David Ziemer The Seventh Circuit held on Feb. 2 that confirmation of a Chapter 13 plan that eliminates student loans is void, if no adversary action was filed before the confirmation. Craig Hanson filed for Chapter 13...

Missouri students complete in finals of MO Bar-sponsored We the People competition.
February 11, 2005... Byline: Staff Writer In what ways are the establishment and free exercise clauses similar and dissimilar? What historical lessons and personal experiences of the Founders led them to safeguard these rights in the First Amendment? ...

Commentary: Rebalancing your portfolio can keep your plan moving.
February 11, 2005... Byline: Ben Proctor (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Investment success begins with a sound asset allocation plan - one that matches both an investor's financial goals...

Commentary: Litigation tactics in mediation: Are they ethical?
February 11, 2005... Byline: Bette J. Roth (This article originally ran in Massachusetts Lawyer, Boston, Massachusetts, another Dolan Media publication). As litigation counsel, have you at some point bluffed your opponent, protected sensitive information,...

MO Court of Appeals rules trial court lacked jurisdiction over negligence claim.
February 14, 2005... Byline: Stephanie Mitchum Murphy An employee who was injured while performing a contracted task for a railroad company was subject to the provisions of the Missouri Workers' Compensation Act and his claim for common law negligence rested...

Illinois appellate court rules intentional-harm exception protects insurance co. from liability.
February 14, 2005... Byline: Emily Umbright Thanks to an intentional-harm exception, an insurance company won't have to defend its insured against sexual assault charges, the Appellate Court of Illinois, Fifth District, held last week, explaining that the...

Congress urged by American Bar Assn. not to reject new advisory sentencing guidelines.
February 14, 2005... Byline: KC Daily Record Staff An American Bar Association Criminal Justice Section task force is urging Congress to wait at least one year before acting in response to the Supreme Court's decisions in Blakely v. Washington and United...

Commentary: Advantages flow both ways when attorneys become mediators.
February 14, 2005... Byline: F. Peter Blake The right to a fair and expedient trial is one of the basic tenets on which our legal system is based. When it comes to the latter, however, the continuing backlog of cases under which our court system must continue...

New search engine launched by Microsoft.
February 14, 2005... Byline: Larry Fiorino Last week, Microsoft launched a test version of its newest search engine, located on the MSN.com Web site. With a combination of industry standard features and unique new elements, it is clear that Microsoft is aiming...

COA finds evidence was sufficient for revocation of driver's license.
February 15, 2005... Byline: Stephanie Mitchum Murphy Even though a driver refused a chemical blood alcohol test, a law enforcement officer had reasonable grounds to believe he was intoxicated, the Missouri Court of Appeals for the Western District ruled in a...

Farmers must preserve wetlands to receive subsidies, 7th U.S. Circuit Court of Appeals says.
February 15, 2005... Byline: Emily Umbright Congress has the authority to base farm subsidies on the preservation of wetlands, the 7th U.S. Circuit Court of Appeals reiterated last week for an Indiana farmer who drained 6.2 acres of wetlands for agricultural...

New study offers a look at today's small business owners.
February 15, 2005... Byline: Adina Genn (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication). Who are today's small-business owners? According to a new study, they're more likely to be married,...

Commentary: Tips for including phone expenses in your client's bill.
February 15, 2005... Byline: Jim Wirken We have started to talk about "tips" in the fourth area of the five areas that make up every business in the world. That fourth area is "billing." As you know, the other four areas are: "Clients" or "customers";...

Commentary: Raising the Bar - A discovery problem and its solution.
February 15, 2005... Byline: Paul Mark Sandler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Editor's Note: The following is an excerpt from Discovery Problems and Their Solutions, a new book published...

KC social workers protected by qualified immunity, 8th U.S. Circuit Court of Appeals says.
February 16, 2005... Byline: Donna Walter Two social workers who failed to conduct a proper investigation of child abuse are protected by qualified immunity from a civil rights and wrongful death lawsuit brought by the one triplet who survived the abuse. ...

Decision to terminate parental rights required specific details, MO Court of Appeals says.
February 16, 2005... Byline: Erin Suess Severing the ties that bind a mother and child requires specific reasoning from the court terminating the parental rights that goes beyond statutory recitation, reminded the Missouri Court of Appeals, Eastern District,...

Judiciary Committee approves bill to move large class actions.
February 16, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). A bill that would move large class actions filed in state court to federal court has been approved by the Senate...

Commentary: Delay is unavoidable part of judicial process.
February 16, 2005... Byline: Bob Barton Imagine this hypothetical conversation that could have took place during a recent federal appeals case that recently took place. "Yes, Mr. Jones. I know we argued that appeal almost 4 years ago. But we still don't...

Sale of repossessed car not commercially reasonable, MO Court of Appeals says.
February 17, 2005... Byline: Stephanie Mitchum Murphy A finance company failed to sell a woman's repossessed car in a commercially reasonable manner, the Missouri Court of Appeals for the Western District ruled in a reversed decision. In Consumer Finance...

New federal legislation increases reservists' rights.
February 17, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). On Dec. 10, 2004, President Bush signed into law the Veterans' Benefits Improvement Act, which amends...

Seventh Circuit says there is no right to contribution with regard to court costs.
February 17, 2005... Byline: David Ziemer (This article originally ran in The Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication). There is no right to contribution with regard to court costs from another nonprevailing party, the Seventh...

Commentary: Web Sightings - FBI's technology issues come to light.
February 17, 2005... Byline: Larry Fiorino (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). This past Friday, the Federal Bureau of Investigation shut down an e-mail system that is used to communicate with...

8th Circuit rules vulgar behavior not actionable in same-sex discrimination suit.
February 18, 2005... Byline: Donna Walter A woman who worked for Cintas Corp. in Springfield, Mo., failed to show a female co-worker lusted after her and may not pursue her same-sex sexual discrimination claim against her employer. Last Friday, the 8th...

Attorney Philip K. Howard advocates trust for the justice system.
February 18, 2005... Byline: Emily Umbright Where did all the seesaws go? Those seemingly trivial relics of childhood past that taught kids who to trust and how to work together have all but vanished from the nation's playgrounds and for an absurd reason...

American Bar Association House of Delegates passes new principles for juries.
February 18, 2005... Byline: KC Daily Record Staff In a unanimous decision, the American Bar Association House of Delegates, the ABA's 546-member policy-making body, during the association's Midyear Meeting in Salt Lake City today adopted a set of principles...

Jefferson City man wins $350 in Cole County malicious prosecution lawsuit.
February 18, 2005... Byline: St. Louis Daily Record Staff A Jefferson City man has won $350 in a Cole County malicious prosecution lawsuit he filed against his ex-wife following a custody battle over their pet Shih Tzu. Kevin and Beth Gebhardt were married...

Commentary: Cross-Examination of Experts.
February 18, 2005... Byline: Gerald P. Greiman In approaching cross-examination of an expert witness, it is critical that you come to know everything you possibly can about your quarry. So, what is an expert? Niels Bohr said "an expert is a person who has...

'Lord' of the Court: Works behind the scenes of the MO Court of Appeals for the Western District.
February 21, 2005... Byline: Stephanie Mitchum Murphy Terence G. Lord works hard - behind the scenes. As the clerk of the Missouri Court of Appeals for the Western District, Lord isn't usually the face associated with the court, but he is the organization...

Missouri doctors, lawyers, experts attempt to tackle tort reform.
February 21, 2005... Byline: Stephanie Mitchum Murphy A panel of experts faced off in front of legislators on the issue of tort reform last Wednesday night at the Capitol Plaza Hotel in Jefferson City, Mo. The event entitled, "A Public Policy Discussion...

Report shows Missouri medical malpractice payouts fall as premiums rise.
February 21, 2005... Byline: Cathy Kingsley A report issued by the Missouri Department of Insurance shows the growth of premiums charged by insurance companies against health care providers far exceeded the amount of claims paid out in 2003. The Missouri...

Commentary: Raising the Bar: An advocate's ethical dilemma.
February 21, 2005... Byline: Paul Mark Sandler Jeremiah Rutledge is representing a defendant charged with murder in a trial taking place in a rural town. The defense is based on an alibi: the defendant has told Rutledge he was with his dad on the evening of...

Mortgage Bankers Assn. forecasts slow housing market.
February 21, 2005... Byline: St. Louis Daily Record Staff The Mortgage Bankers Association released its long-term economic forecast for 2005, 2006 and 2007 during its annual State of the Real Estate Finance Industry press briefing. MBA is projecting strong...

American Bar Association nominates new leadership.
February 21, 2005... Byline: KC Daily Record Staff Ten people have been nominated for membership on the ABA Board of Governors. The names of the board nominees will also be presented to the House of Delegates for election in August. Each is nominated to serve a...

7th U.S. Circuit says Title VII retaliation claim can continue.
February 22, 2005... Byline: Emily Umbright A former Columbia College employee can proceed with his Title VII retaliation claim against the school even though he brought the discrimination charge against another entity, the 7th U.S. Circuit Court of Appeals...

Tort reform legislation endorsed by Missouri House.
February 22, 2005... Byline: Cathy Kingsley A bill sponsored by Rep. Richard Byrd, R-Kirkwood, would change the laws affecting claims for damages and their payment and would establish venue in all tort actions. House Bill 393 was heard in the House...

Data reveals employment costs, inflation on the rise.
February 22, 2005... Byline: Stephanie Cline This article originally ran in the Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). The total cost of employee compensation for private industry workers in the West rose...

Commentary: Some facts about billing your clients for facsimiles.
February 22, 2005... Byline: Jim Wirken We are still talking about "tips" in the area of "billing." You will remember that "billing" is the fourth area of the five areas that make up every business in the world. The other four areas are: "Clients" or...

Commentary: Taking a lesson from corporate restructuring: shift risk.
February 22, 2005... Byline: Steven C. Isberg The press has been abuzz recently about President Bush's proposed remedy for the impending failure of the Social Security system: private investment accounts. Here, the president has taken a page out of the...

Mother's conviction over child's missed school days overturned by MO Supreme Court.
February 23, 2005... Byline: Donna Walter A woman whose teenage daughter missed 40 days of school in a six-month period cannot be convicted under Missouri's compulsory school attendance laws because she did not "knowingly or purposely" cause her daughter to...

No reviews for quasi-legislative actions, Appellate Court of Illinois rules.
February 23, 2005... Byline: Emily Umbright State day-care licensing representatives excluded from certain job reclassifications are not entitled to administrative review of the Illinois Civil Service Commission's approval of the revisions, the Appellate Court...

'State of Custom Home Building' program forecasts higher costs.
February 23, 2005... Byline: Cathy Kingsley The home building industry has seen a nearly 14-year run of prosperity with the last four being record years, Steven Hays, a CPA with Rubin, Brown, Gornstein & Co. L.L.P., told members of the Home Builders...

MO Supreme Court says judgment in dissolution case exempt from 10-year revival law.
February 24, 2005... Byline: Erin Suess Payment of life insurance equates to future payments under a dissolution decree and is therefore exempt from the 10-year revival clause found in the state dissolution law, the Missouri Supreme Court ruled last week. ...

Employees in Colorado and across the nation are job hopping for respect.
February 24, 2005... Byline: Stephanie Cline (This article originally ran in the Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Not all office environments are created equal. Some operate smoothly, with managers,...

U.S. Supreme Court hears arguments in case on eminent domain.
February 24, 2005... Byline: Lawrence Hurley (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). The U.S. Supreme Court Tuesday heard oral arguments in a case that could have a profound effect on the use of...

IRS and private companies partner for tax e-filing.
February 24, 2005... Byline: Larry Fiorino (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). This year, in an effort to promote the electronic filing of taxes, the Internal Revenue Service is partnering with...

Landlord unsuccessful in suit against Sixteenth Circuit Court.
February 25, 2005... Byline: Stephanie Mitchum Murphy The Sixteenth Circuit Court did not violate the Sunshine Law by not providing a landlord with specific records of landlord petitions and complaints, the Missouri Court of Appeals for the Western District...

MO Supreme Court says clinic director protected by official immunity, public duty immunity.
February 25, 2005... Byline: Donna Walter The medical director of the Columbia/Boone County Health Department clinic is protected by both official immunity and public duty immunity and may not be held liable for a tuberculosis treatment that destroyed a...