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

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

Mechanic's lien must present 'just and true' account, rules MO Court of Appeals.
January 3, 2005... Byline: Stephanie Mitchum Murphy A mechanic's lien was not valid because a subcontractor did not present "a just and true account" of debts owed, the Missouri Court of Appeals for the Western District ruled in an affirmed in part, reversed...

Illinois appellate court readmits excluded testimony of doctor for persuasive value.
January 3, 2005... Byline: Emily Umbright A Sangamon County trial court should not have excluded portions of an expert's testimony stating he would have done things differently because it added persuasive value and credibility, the Appellate Court of...

Pros and cons of a franchised business.
January 3, 2005... Byline: Marylou Doehrman Franchised businesses in the United States employed more than 9 million people in 2001, according to the International Franchise Association Educational Foundation. In the same year, a total of 767,483 franchises,...

Commentary: The truth behind the 'No Call' list.
January 3, 2005... Byline: Dana McFarland I have recently heard different people discussing the No Call list because they have been receiving telemarketing solicitations on their cell phones. I don't think the Attorney General has expanded the No Call list...

Commentary: Families should consider IRS when gifting for future.
January 3, 2005... Byline: Gary Williams Wealthy families thinking of establishing a family limited partnership in order to save gift and estate taxes need to keep one key point in mind: an FLP is more likely to pass Internal Revenue Service muster if it can...

Chief economist of National Assn. of Realtors predicts demand for commercial space will increase.
January 3, 2005... Byline: Daily Journal of Commerce Staff Growth in the U.S. economy and a rise in exports will raise demand for commercial real estate space over the next two years, with increases in various commercial sectors already seen this year,...

MO Court of Appeals finds circuit court erred in dismissing motion.
January 4, 2005... Byline: Stephanie Mitchum Murphy A financial company complied with a rule requiring it to file suggestions in support of a motion even though the suggestions were not contained in a separate document, the Missouri Court of Appeals for the...

Reports find MO real estate, lending holding steady at the year's end.
January 4, 2005... Byline: Erin Suess As another year comes to a close, the nation is holding its breath, waiting for interest rates and economic factors to play out, while house prices remained the bright spot, according to information released by the 8th...

ABA holds CLE summit on products liability and mass torts.
January 4, 2005... Byline: KC Daily Record Staff The American Bar Association Section of Litigation Environmental, Products Liability and Mass Torts committees will host a joint CLE summit to address issues that span the spectrum of these subjects, and will...

Commentary: Re-Cap: Five things a business needs to survive.
January 4, 2005... Byline: Jim Wirken Every business needs five things to survive and thrive. Those things are "clients," "administrative procedures," "procedures for getting the work done," "a method to bill," and a "way to collect the bill." In the past...

Commentary: Read your IRA custodial agreement for all rules.
January 4, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Reading the fine print of a custodial agreement for an individual retirement account is about as exciting as the...

Filing summons is 'initial communication' under Fair Debt Collection Practices Act.
January 5, 2005... Byline: David Ziemer (This article originally ran in The Wisconsin Law Journal, Milwaukee, Wisconsin, another Dolan Media publication). A law firm's filing a summons and complaint on behalf of a creditor after a debtor missed payment...

Commentary: Religion, confederate flags and privacy all '04 employment issues.
January 5, 2005... Byline: John Finerty (This article orignially ran in Wisconsin Law Journal, Milwaukee, Wisconsin, another Dolan Media publication). Each year a few employment cases that go beyond interesting. Here are a few summaries from John Finerty...

International antitrust forum to feature FTC Chairman.
January 5, 2005... Byline: KC Daily Record Staff International antitrust law and practice are transforming rapidly, in large part due to leadership and legislative changes, recent court cases and merger reforms. The American Bar Association Section of...

Commentary: We all can make a difference both in KC and globally.
January 5, 2005... Byline: Christine Ann Hughes On Thursday, December 30, 2004, I received the following e-mail from Heru Subiyantoro, Ph.D., Director for Economic and Finance Analysis, Agency for Economic and Analysis, Agency for Economic and Financial...

Split 8th Circuit panel upholds decision to deny disability benefits.
January 6, 2005... Byline: Erin Suess A decision to uphold the denial of disability benefits based on a one-time doctor visit split a panel of the 8th U.S. Circuit Court of Appeals on Monday, leading to an accusation of "cherry-picking" by the dissent. ...

Manpower Employment survey: Flat hiring expected in 1st quarter.
January 6, 2005... Byline: St. Louis Daily Record Staff The latest result of the Manpower Employment Outlook Survey of 16,000 U.S. employers showed that more than half, 59 percent, of employers surveyed foresee no change in job prospects in the first quarter...

Public service becoming viable for law school grads.
January 6, 2005... Byline: Rochester Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication). Higher numbers of law school graduates are able to pursue public service jobs than previously...

OK's debate over tribal issues goes to national stage.
January 6, 2005... Byline: Janice Francis-Smith (This article originally ran in The Journal Record, Oklahoma City, OK, another Dolan Media publication). Tribal sovereignty issues currently being debated in Oklahoma will be argued on a national stage now...

Missouri Court of Appeals rules horse-drawn buggy not a motor vehicle.
January 7, 2005... Byline: Stephanie Mitchum Murphy When a horse-drawn buggy hit a car, resulting in the death of a passenger, her survivors could not claim uninsured motorist benefits, the Missouri Court of Appeals for the Western District ruled, affirming...

8th U.S. Circuit Court rules against music industry's appeal to access ISP's customer's records.
January 7, 2005... Byline: Emily Umbright It's back to the drawing board for the Recording Industry Association of America, as the 8th U.S. Circuit Court of Appeals told the trade group on Tuesday to find another way to identify the estimated 93 Charter...

Retailers tighten gift return.
January 7, 2005... Byline: Chris Price Returning the sweater that fit too tight and fighting after-Christmas sale crowds weren't the only aggravations for consumers returning goods to retail stores this post-holiday season. Many returned items had to be...

Brushing up on the wonderful world of Microsoft Word.
January 7, 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 basic tips and tricks for Word 97/2000/XP compiled by the editors of...

Commentary: Finding your comfort zone: Selecting a mediator.
January 7, 2005... Byline: Louise Phipps Senft What things might lawyers consider in deciding whether and how a mediator will be selected? What things might a client consider in deciding whether and how a mediator will be selected? These might be...

Missouri Court of Appeals rules AmerenUE had duty to inform rescuers about downed line.
January 10, 2005... Byline: Donna Walter AmerenUE had a duty to inform rescue workers that an electrical line laying atop an overturned car had been de-energized and could be re-energized in certain remote circumstances so that rescue workers could decide for...

8th U.S. Circuit Court of Appeals of Missouri reverses itself in constitutional rights case.
January 10, 2005... Byline: Erin Suess Round and round a claim goes, as the federal courts sort out whether an inmate timely, and appropriately, filed suit against the city of Branson, Taney County and their officials alleging a violation of his...

HUD announces a raise in lending limits.
January 10, 2005... Byline: St. Louis Daily Record Staff Housing and Urban Development Secretary Alphonso Jackson announced that the Federal Housing Administration has increased its single-family home mortgage limits by more than 7 percent. Effective Jan....

American Bar Association survey examines disability laws in all 50 states.
January 10, 2005... Byline: KC Daily Record Staff The American Bar Association Commission on Mental and Physical Disability Law released a new survey of state disability discrimination laws. Written by John W. Parry, commission director, the Monograph on...

Commentary: Raising the Bar - The rules of reorganization.
January 10, 2005... Byline: Paul Mark Sandler In recent weeks, this column has discussed some of the issues attorneys face in representing individuals in personal bankruptcies. Now we'd like to turn our attention to the granddaddy of all bankruptcy...

Procrastination, surfing define KC's 2004 holiday shopping season.
January 11, 2005... Byline: Stephanie Cline Consumers are balancing their check books. Retailers are counting their blessings. Analysts are furiously trying to calculate what exactly happened during the 2004 holiday shopping season. Consumers were...

Punitive damages reduced in tobacco lawsuit by U.S. Circuit Court of Appeals.
January 11, 2005... Byline: Donna Walter Punitive damages awarded in a tobacco case were reduced Friday by a federal appeals court from $15 million to $5 million. This puts the total amount Brown & Williamson Tobacco Co. must pay widower Henry W. Boerner...

U.S. Green Building Council issues report on PVC.
January 11, 2005... Byline: Justin Stranz, Daily Journal of Commerce (This article originally appeared in The Daily Journal of Commerce, Portland, OR, another Dolan Media publication). The U.S. Green Building Council has issued a draft report on the use...

Commentary: Tips for a client service manager in your firm.
January 11, 2005... Byline: Jim Wirken Last week we did a recap at the end of our discussion of the third thing out of five things that makes up every business in the world. You will remember the first thing that makes up every business in the world is...

Commentary: Educated Investor - Due diligence on your portfolio.
January 11, 2005... Byline: David Clogg (This article originally ran in The Daily Record, Baltimore, MDAs an investor, January is my favorite month of the year. And I don't consider it to be the best time because of the January bounce where stocks that sold...

Injured worker to receive prejudgment interest, MO Court of Appeals says.
January 12, 2005... Byline: Stephanie Mitchum Murphy After two jury-tried cases, a transfer to the Missouri Supreme Court and a re-transfer to the Missouri Court of Appeals for the Western District, a man injured by electric shock on a construction project...

St. Louis lawyer couple shares international adoption experience.
January 12, 2005... Byline: Mike Nixon For some attorneys, any working morning might begin with a leisurely viewing of the sunrise from wall-sized windows in a 41st floor office adorned with mahogany and brass. From there, they slowly and deliberately...

New survey looks into women, minority partners in large firms.
January 12, 2005... Byline: Rochester Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication). Recent research from the National Association for Law Placement revealed that minority attorneys...

Commentary: Four strategies to make your retirement last.
January 12, 2005... Byline: Ben Proctor (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). If you are, or close to being, a retiree, you may find that your retirement funds need to last a lot longer than you...

Drunken driving not violent offense according to sentencing guidelines.
January 13, 2005... Byline: Erin Suess Including drunken driving in the category of violent offenses stretches the law further than the legislation covers, ruled the 8th U.S. Circuit Court of Appeals, reversing one man's designation as a violent "career"...

President Bush's visit to Collinsville, Ill. sparks med mal debate.
January 13, 2005... Byline: Emily Umbright President Bush's timely visit to Collinsville, Ill., last Wednesday sparked more numbers debates in the media and among trial lawyers and doctors over a solution to what some call a medical malpractice crisis. ...

MO Court of Appeals rules liability release was properly rescinded.
January 13, 2005... Byline: Donna Walter A release from liability, which failed to exclude one defendant from the release, was properly rescinded by the two parties before the personal injury lawsuit went to trial, and the Washington County Circuit Court...

Commentary: Financing options for small firms.
January 13, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Whether starting up a small business or expanding an existing company, you almost certainly will need financing....

MO Court of Appeals rules couple in legal malpractice case has right to trial court.
January 14, 2005... Byline: Stephanie Mitchum Murphy The Missouri Court of Appeals for the Western District has ruled a couple who lost their child due to alleged legal malpractice in an adoption case has a right to try their case in court. In Chandrika...

8th U.S. Circuit Court rules qualified immunity does not protect officer in shooting suit.
January 14, 2005... Byline: Donna Walter A St. Paul, Minn., police officer who shot at two men wrestling over a gun, killing the intended victim and wounding the gunman, is not protected by qualified immunity from the federal or state law claims of the...

Missouri Supreme Court Chief Justice White delivers 2005 State of the Judiciary.
January 14, 2005... Byline: St. Louis Daily Record Staff Missouri Supreme Court Chief Justice Ronnie L. White delivered the following State of the Judiciary address on Wednesday during a joint session of the General Assembly in Jefferson City, Mo.: "When...

Missouri's 54th governor Matt Blunt delivers a traditional message.
January 14, 2005... Byline: Mike Nixon Matt Blunt became Missouri's 54th governor on Monday. In preparation for the day he had insisted that his administration would live out a no-frills, down to business work environment. This new occupant of the state's...

MO Court of Appeals to sit at Lafayette County Courthouse.
January 14, 2005... Byline: KC Daily Record Staff The Missouri Court of Appeals, Western District will convene court at the Lafayette County Courthouse in Lexington, Missouri on Wednesday, January 26, 2005. A three-judge panel consisting of Judge Patricia...

Commentary: Legal ADvice - A careful word from the wise (not me).
January 14, 2005... Byline: Jim Astrachan It's been six years since Marc Kasky buried the proverbial hatchet in Nike's neck, and one year since they buried the hatchet in the ground. The settlement of their public relations-related, false advertising feud...

Nominations sought for KC's 2005 Legal Leaders awards.
January 17, 2005... Byline: KC Daily Record Staff Do you know someone within the Greater Kansas City legal arena who is a great litigator, corporate attorney, professor, judge, paralegal, mentor or advocate for the poor? The Daily Record, Kansas City's...

MO Court of Appeals finds venue improper in discrimination suit.
January 17, 2005... Byline: Emily Umbright The Missouri Supreme Court transferred an employment discrimination suit to Cole County on Tuesday, finding St. Louis City was the improper venue, even though it had already awarded the plaintiff $567,000. "The...

Construction insurance experts to address cutting-edge topics.
January 17, 2005... Byline: KC Daily Record Staff How have the insurance and surety markets that provide services and products to the construction industry evolved in the last decade and where are they headed? What insurance coverage issues should sureties...

Commentary: Deadline are important to the practice of law.
January 17, 2005... Byline: Erika Wirken The word, deadline, is one of the most dreaded words in our business. As attorneys we are always pushed right up against a time limit of some sort or another. In life and in law, a "due by" date can stand as a...

Commentary: Get your computer off to a good technological start this year.
January 17, 2005... Byline: Rick Edvalson (This article originally ran in The Idaho Business Review, Boise, ID, another Dolan Media publication). If, like me, you will be returning some gifts in the near future, I have some technologically oriented...

St. Louis County construction firm owes Jefferson County property taxes.
January 18, 2005... Byline: Donna Walter Jefferson County is poised to collect taxes from a St. Louis County construction company for heavy equipment used on several projects during 2001. On Tuesday, the Missouri Supreme Court affirmed the State Tax...

Judge Duane Benton sworn in as newest member of U.S. Circuit Court of Appeals.
January 18, 2005... Byline: Donna Walter Despite the cold weather and the snow- and slush-covered sidewalks, a crowd filled the 8th U.S. Circuit Court of Appeals en banc courtroom for the formal investiture of the newest member of the court - Judge Duane...

Gov. Blunt appoints K.C. attorney to Labor and Industrial Relations Commission.
January 18, 2005... Byline: Stephanie Mitchum Murphy Kansas City attorney William Ringer has been appointed by Gov. Matt Blunt to be the Chairman of the Missouri Labor and Industrial Relations Commission. Ringer has more than 20 years of experience in...

Commentary: Setting up a detailed and accurate billing system.
January 18, 2005... Byline: Jim Wirken Last week I promised you that this week we would start talking about the next area in the five areas that it takes to make up every business in the world, "billing." As you know the five areas that make up every...

Commentary: It's a Gimme - 2005 golfing goals.
January 18, 2005... Byline: Joe Rahnis (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). With a new year upon us, now is the perfect time to set some golfing goals for 2005. Just like any new year's...

Arkansas agency exec. can't file 1st Amendment claim, Court of Appeals says.
January 19, 2005... Byline: Emily Umbright An Arkansas agency executive cannot claim his plan to publicly criticize the governor's administration led to immediate termination in violation of the First Amendment, the 8th U.S. Circuit Court of Appeals held...

Arbitration clause binds class action, rules Appellate Court of Illinois.
January 19, 2005... Byline: Emily Umbright The Appellate Court of Illinois, Fifth District, wrapped a lasso around a Madison County class-action lawsuit last Thursday and tossed it into arbitration. The decision came as Verizon Wireless sought realization...

2004 was a banner year for real estate investment trusts.
January 19, 2005... Byline: Burl Gilyard (This article originally ran in Finance & Commerce, Minneapolis, MN, another Dolan Media publication). The National Association of Real Estate Trusts reports that REIT stocks gained 30.41 percent in 2004, easily...

Commentary: Defamation and rhetorical hyperbole: Where are the jurors?
January 19, 2005... Byline: Bob Barton Last year I discovered the Web blog "How Appealing" which can be found at legalaffairs.org/howappealing. It was created by Pennsylvania appellate lawyer Howard Bashman. Bashman's blog is constantly updated and well...

MO Court of Appeals sends contract dispute back to circuit court due to ambiguous wording.
January 20, 2005... Byline: Stephanie Mitchum Murphy The Missouri Court of Appeals for the Western District found a contract between a company's president and a creditor ambiguous and it reversed and remanded a summary judgment in favor of the creditor. ...

COA says child support duty does not include Social Security credit for wife.
January 20, 2005... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, reversed on Tuesday an ex-wife's Social Security credit toward her child support obligations because the benefits stemmed from her ex-husband's disability. "Given...

Federal Housing Commission clarifies mortgage, appraiser rules.
January 20, 2005... Byline: St. Louis Daily Record Staff John C. Weicher, assistant secretary for housing of the Federal Housing Commission, offered a letter on Jan. 4 to all approved mortgagees and appraisers, reiterating and clarifying the Federal Housing...

Commentary: Car dealer unpunished for violating Truth in Lending Act.
January 20, 2005... Byline: Charles Shafer (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Koons Buick Pontiac GMC of Vienna, Va., recently won a significant Supreme Court victory over consumers. I am...

MO Supreme Court finds that the state has obligation to represent police board.
January 21, 2005... Byline: Donna Walter The state of Missouri must represent members of the St. Louis Board of Police Commissioners and officers of the St. Louis Police Department, and pay to satisfy judgments against them, when they are sued in their...

U. S. bankruptcy filings dropped in 2004.
January 21, 2005... Byline: Emily Umbright New Year's celebrations may have been held two weeks ago, but final bankruptcy tallies calculated by the Administrative Office of the U.S. Courts could provide a purpose for more revelry. That's because...

KS Supreme Court says woman ineligible for Medicaid.
January 21, 2005... Byline: Lawyers Weekly USA Staff A woman was ineligible for Medicaid because of stock she held as a joint tenant, the Kansas Supreme Court has ruled. The woman inherited the stock from her late husband. Three years later, she added her...

Commentary: Organization is an attainable goal.
January 21, 2005... Byline: Pamela Pepper (This article was originally published in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media newspaper). It's January again - a new year, a clean slate, a fresh start. Should I add more cliches, or do you...

MO Court of Appeals rules employee's behavior did not warrant denial of benefits.
January 24, 2005... Byline: Stephanie Mitchum Murphy Persistence paid off for a woman appealing the denial of worker's compensation benefits. In Delores Ann Reiner Hoover, Appellant Pro Se, v. Community Blood Center, Defendant, Division of Employment...

Patent case in federal court changes litigation approach.
January 24, 2005... Byline: Donna Walter It's been four months since the U.S. Court of Appeals for the Federal Circuit handed down its decision in Knorr-Bremse v. Dana Corp. and Haldex Brake Products Corp., and patent attorneys are still trying to figure out...

Rising cost of building materials to squeeze homebuyers.
January 24, 2005... Byline: Deon Roberts Sheetrock prices doubled over the past 12 months, said Lloyd Bourgoyne of Jake & Sons Plaster/Sheetrock of Metairie, La. The same sheet of gypsum wallboard that sold for about $4.59 a year ago now costs 47 percent...

Commentary: Advice to lawyers tired of playiing phone tag.
January 24, 2005... Byline: Chris Wirken Are you tired of phone tag? Due to the hectic pace of practicing law, a major portion of our day is spent in leaving messages, returning messages, and, if you're lucky enough to catch the opposing counsel, phone...

Commentary: The doorway to a successful professional career is math.
January 24, 2005... Byline: June Streckfus Do you want your child to succeed? Then you want your child to learn math. It's a basic fact that parents need to know: Math, more than any other subject, is a doorway to a successful career. Students who take...

Bribery does not always support RICO conviction, rules U.S. Court of Appeals.
January 25, 2005... Byline: Emily Umbright Reversing a district court's sua sponte order for a new trial does not block an appellate court from reversing a criminal conviction. The 7th U.S. Circuit Court of Appeals reversed two RICO convictions even...

Dolan Media Co. acquires legal services provider Counsel Press.
January 25, 2005... Byline: Dolan Media Corporate Staff Dolan Media Co. announced it has acquired New York City-based Counsel Press, the nation's largest provider of appellate services to the legal profession. Counsel Press assists attorneys and law firms...

Congress to evaluate patent challenges.
January 25, 2005... Byline: Donna Walter The U.S. Patent and Trademark Office sent to Congress a report evaluating the process of inter partes re-examination, one method of challenging patents without going to court. The U.S. House of Representatives...

Commentary: Tips for setting up an automatic time-keeping system.
January 25, 2005... Byline: Jim Wirken We have just started talking about the fourth area of the five areas that make up every business in the world. This fourth area is "billing." The other four areas are: "Clients" and "customers"; "Administration";...

Eighth Circuit U.S. Court of Appeals decision further supports ISP interests.
January 25, 2005... Byline: Mark Stallion In a recent decision, the 8th U.S. Circuit Court of Appeals is the second appeals court to rule that the recording industry cannot utilize the subpoena powers under the Digital Millennium Copyright Act of 1998 to...

U of MO at KC School of Law has new dean.
January 26, 2005... Byline: Stephanie Mitchum Murphy When presented the option of whether or not to apply for the position of dean of the University of Missouri at Kansas City School of Law, Ellen Y. Suni weighed her options. The decision could have been...

Supreme Court decision forces look at sentencing guidelines.
January 26, 2005... Byline: Nora A. Jones When the U.S. Supreme Court decided Blakely v. Washington in June 2004 pertaining to state sentencing guidelines, many lower courts struggled to understand what impact this decision would have on the U.S. Sentencing...

Strong housing market seen for 2005.
January 26, 2005... Byline: St. Louis Daily Record Staff After four consecutive record years, home sales should ease but remain close to record levels in 2005, according to the National Association of Realtors. Following an estimated 8.9 percent jump to...

Court of Appeals says failure to arrest city official not a violation of equal protection rights.
January 27, 2005... Byline: Emily Umbright A Peoria man's equal protection rights were not clearly established when officers refused to arrest his lover, a city council member, upon arrival at an alleged domestic violence scene, the 7th U.S. Circuit Court of...