Daily Record (Kansas City, MO) articles from January 2006

Daily Record (Kansas City, MO) archives from January 2006

Biomedical research has become big business.
January 1, 2006... Byline: Jerry Shottenkirk Mike Centola is well aware of the reasons why he's a scientist. Years ago, as he watched his father suffer from leukemia, Centola decided to make biomedical research his life. "He was put on a respirator for...

Univ. of Phoenix CEO touts online technology as teaching tool.
January 1, 2006... Byline: Lora Volkert Online schools are gaining prominence because they make education accessible to busy executives and rural residents who don't live near a college, says University of Phoenix President and CEO Laura Palmer Noone. ...

Grab the correction fluid, the typewriter industry is whiting out.
January 1, 2006... Byline: James Mosher Ilya Livits knows a few things about dinosaurs. And he doesn't want to become one. A technician at Atlantic Business Machine Inc. in Catonsville, Md., Livits has spent most of his working life fixing typewriters....

Commentary: Capturing photos digitally: What's next?
January 1, 2006... Byline: Larry Fiorino 'Tis the season to take pictures of loved ones, friends and family. However, after the pictures are taken, consumers have more options to get those pictures developed than ever before. Printing at home has the key...

Western District Court of Appeals rules rape shield law was improperly applied.
January 2, 2006... Byline: Denise G. Callahan Was it a dirty date a dad arranged for his teenage daughter with a buddy or consensual sex? The Western District Court of Appeals says the defendant now gets to see psychological records to see if the daughter...

Postage rate increase changes mailing methods.
January 2, 2006... Byline: Brandice J. Armstrong The week or two after Christmas is typically a slow time for the United States Post Office, but that's not true this year. On Jan. 8, the United States Post Office raises its rates by 5.4 percent and several...

$5.1 million verdict awarded in California wildfire bad faith case.
January 2, 2006... Byline: Natalie White In the first verdict of more than 200 bad faith claims related to the 2003 California wildfires, a jury recently ordered Fidelity National Insurance to $5.1 million in punitive damages to a couple who said they were...

Commentary: Conflicts, competence and confidentiality in will drafting.
January 2, 2006... Byline: John W. Marshall A client for whom a lawyer is providing estate planning services is one of several nieces and nephews who are the closest relatives of their uncle, a widower. The client asks the lawyer to draft her uncle's will...

Western District Court of Appeals gives incarcerated appellant chance to participate in hearing.
January 4, 2006... Byline: Denise G. Callahan A procedural argument failed to convince the Western District Court of Appeals that an incarcerated man didn't deserve his day in court in a child support matter. In Valerie R. Pettigrew, State of Missouri,...

8th Circuit says parental leave policy can treat sets of parents differently.
January 4, 2006... Byline: Lawyers Weekly USA Staff (This article was originally published in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) A public employer's policy of permitting biological mothers and adoptive parents to convert...

Commentary: Homestead provision impacts asset protection planning.
January 4, 2006... Byline: Jeffrey A. Baskies (This article was originally published in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) How does the homestead provision in the new bankruptcy law impact asset protection planning? ...

Commentary: 'Techno-resolutions' for the new year.
January 4, 2006... Byline: Bruce L. Dorner (This article was originally published in Lawyers Weekly USA, Bosotn, MA, another Dolan Media publication.) All of us have the desire to change and improve ourselves during the coming year. The custom of making...

Western District COA seeks to clarify earlier reversal.
January 5, 2006... Byline: Denise G. Callahan The Western District Court of Appeals agreed to a do-over in a child rape and sodomy case, but the latest version of the court's opinion doesn't differ all that much from the first. The Western District...

Seventh Circuit says drunk driving is a 'violent felony'.
January 5, 2006... Byline: David Ziemer The 7th Circuit held on Dec. 19 that drunk driving is a "violent felony" for purposes of the Armed Career Criminal Act, notwithstanding the U.S. Supreme Court's decision in Leocal v. Ashcroft, 543 U.S. 1 (2004), that...

9th Circuit rules debt collector can be sued under Fair Debt Act.
January 5, 2006... Byline: Lawyers Weekly USA Staff A debt collector could be sued under the Fair Debt Collection Practices Act for sending a collection notice that said the debtor could only dispute the validity of the debt in writing, the 9th Circuit has...

Commentary: Harassment and unemployment: What's an employee to do?
January 5, 2006... Byline: Marshall Tanick After more than 20 years of litigation and legislation, the obligations of employers and employees in dealing with sexual harassment in the workplace are fairly clear cut. While there are, to be sure, a number of...

Shareholder to get opportunity to examine company's financial records.
January 6, 2006... Byline: Denise G. Callahan After seven years since the date he first filed suit, David Brown will finally get to take a look at III Investment, Inc. - the appeals court calls it Five I - financials. Brown's Kansas City attorney, Arthur...

Time Warner loses constitutional challenge over fiber-optic network.
January 6, 2006... Byline: Emily Umbright Time Warner cannot pursue its injunction against North Kansas City until the city upgrades its fiber-optic network to provide cable TV services, the 8th U.S. Circuit Court of Appeals said last week. The...

Missouri chamber sees eminent domain as top issue for 2006.
January 6, 2006... Byline: St. Louis Daily Record Staff Missouri Chamber of Commerce President Daniel P. Mehan said that issues up for debate in the 2006 legislative session include eminent domain policy, the rising costs of health insurance, workers'...

EPA pushes renewable fuels.
January 6, 2006... Byline: Paul Snyder Fuel pumped into vehicles across the country will have a home-grown flavor in 2006. Just as the year drew to a close, the U.S. Environmental Protection Agency issued new standards under the authorization of the...

Commentary: Breakdown of charitable giving in the U.S.
January 6, 2006... Byline: Carol Wilkinson Troy On the day before Christmas the Wall Street Journal noted that most charities normally receive more than half of their donations between Labor Day and New Year's Day. But this year, holiday giving followed...

Commentary: 2005 in science and medicine.
January 6, 2006... Byline: J. Donald Capra We opened 2005 worrying about an avian flu pandemic. We closed the year in much the same way. And that, in a nutshell, may have been the top science story of the year. Yet bird flu was far from the only...

Seminar helps lawyers chart a course to big profits.
January 7, 2006... Byline: Nora Lockwood Tooher Steve Riley practices what he preaches. Since founding his firm 10 years ago, the creator of the "Double Your Revenue Workshop" has used a constant stream of new products, services and practice innovations to...

Energy-efficient homes have proven to be big business for builders.
January 7, 2006... Byline: Ken Miller If the demand for energy-savings appliances and devices is on the rise, so is the call for energy-efficient homes in the residential construction market, according to home builders who specialize in homes with built-in...

When it comes to sales, preparation is key.
January 7, 2006... Byline: Long Island Business News Staff Preparing for sales calls is time well spent, experts say. And buyers are not very receptive to those who skip this step. "If buyers perceive you as unprepared, you won't get that chance" to call on...

Commentary: Removal to federal court: Look before you leap.
January 7, 2006... Byline: Paul Mark Sandler with Robert B. Levin Like many attorneys, you may operate under the impression that federal courts tend to interpret state substantive laws narrowly, and that removal to federal court can benefit a defendant sued...

Commentary: Mirror, mirror on the wall ...
January 7, 2006... Byline: Satish B. Parekh Since the launch of this column, I am more frequently asked to elaborate on how I approach my work with businesses and professionals as their strategic advisor and executive coach. While each assignment requires...

Sellers of stock not responsible for claims against company.
January 8, 2006... Byline: Donna Walter Two men who sold their stock in the management-services company Genesee Associates Inc. will not have to indemnify the company from the claims of another company, Surgical Synergies Inc., which took over Genesee's...

$10.1 billion award in 'light' cigarette case snuffed out.
January 8, 2006... Byline: Reni Gertner The Illinois Supreme Court's recent decision overturning a $10.1 billion verdict in a class action filed by smokers of light cigarettes has handed a big victory to the tobacco industry. Rather than pursuing damages...

$126M verdict reached in 1983 Beirut U.S. Embassy bombing case.
January 8, 2006... Byline: Lawyers Weekly USA Staff A federal court in Washington D.C. has held Iran liable for the April 1983 bombing of the U.S. Embassy in Beirut, awarding $126 million to 29 victims and their families. In a 94-page opinion, Judge John...

Commentary: Using a private foundation to control charitable dollars.
January 8, 2006... Byline: Thomas J. Ray A lay text on estate planning answers the question, "What is Estate Planning?" with the following definition: "I want to control my property while I'm alive. I want to take care of me and my loved ones if I become...

Commentary: Ditching those unwanted holiday gifts.
January 8, 2006... Byline: Larry Fiorino It happens every holiday season. Millions of Americans receive gifts that are the wrong size, the wrong style, or just plain wrong. According to a survey commissioned by eBay in 2004, 64 percent admit to...

Scope of consent exceeded when arresting suspects.
January 9, 2006... Byline: Denise G. Callahan The Western District Court of Appeals tossed a search of an alleged drug dealer's home even though the search was eventually allowed by the defendant. The case was State of Missouri v. Fred E. Cromer. A...

Musical instrument maker wins $20.7 million over smear campaign.
January 9, 2006... Byline: Natalie White Massachusetts jurors, perhaps swayed by a rare courtroom performance of Errol Garner's jazz classic "Misty," recently awarded $20.7 million to a musical instrument maker that claimed it lost millions to a competitor's...

HUD loan limits upped 15%.
January 9, 2006... Byline: New Orleans CityBusiness The U.S. Department of Housing and Urban Development announced Tuesday the Federal Housing Adminstration increased its single-family home mortgage limits by more than 15 percent. The increased limits...

Commentary: Direct infringement vs. contributory infringement of copyrights.
January 9, 2006... Byline: Jim Astrachan I was trying to explain to a client that he didn't need to be the person violating a copyright to be liable for infringement. We were talking about the concepts of direct infringement and contributory...

MO Public Service Commission's calculations were correct, rules Western District Court of Appeals.
January 10, 2006... Byline: Denise G. Callahan It wasn't the Missouri Public Service Commission's money on the line here, but a Western District Court of Appeals panel handed the government a huge win. Kevin Thompson, general counsel for the commission,...

Missouri judges reveal what they want to see from attorneys.
January 10, 2006... Byline: Amanda C. Tinnin (This article was originally published in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Meet today's presiding judges. Judge Tom appreciates when attorneys are on time to his...

Injured camper receives $90,000 for spinal injuries.
January 10, 2006... Byline: Missouri Lawyers Weekly Staff (This article was originally published in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) A 16-year-old camper who was injured when camp staff encouraged her to perform an...

American Institute of Certified Public Accountants produces new online game.
January 10, 2006... Byline: Journal Record Staff (This article was originally published in The Journal Record, Oklahoma City, Okla., another Dolan Media publication.) High school and college students who wonder what it would be like to run a record...

Commentary: Results over time: Who contributes to success?
January 10, 2006... Byline: Jim Wirken We are at the end of our discussion with regard to the fourth area of the five areas that make up every business in the world. This fourth area is the area of "billing." As you know, the other four areas are:...

Federal prosecutor explains how businesses can become targets.
January 11, 2006... Byline: Donna Walter (This article was originally published in The Daily Record, St. Louis, Mo., another Dolan Media publication.) A businessman commits fraud. Does the federal government prosecute the businessman, the company or both?...

Cutting-edge litigation technology vital to successful cases.
January 11, 2006... Byline: Denise G. Callahan (This article was originally published in Michigan Lawyers Weekly, another Dolan Media publication.) Litigation technology has grown so much since the days when a simple PowerPoint presentation was considered...

9th Circuit Court rules traffic stop did not violate 4th Amendment rights.
January 11, 2006... Byline: Lawyers Weekly USA Staff (This article was originally published in Lawyers Weekly USA, another Dolan Media publication.) Police who stopped a driver for traffic violations and later seized an illegal gun did not violate his...

Missouri Press-Bar re-elects officers.
January 11, 2006... Byline: Missouri Lawyers Weekly Staff (This article was originally published in Missouri Lawyers Weekly, another Dolan Media publication.) Members of the Missouri Press-Bar Commission unanimously re-elected Kansas City attorney John S....

Commentary: Preparing for the financial hurt of a divorce.
January 11, 2006... Byline: Dena S. Frenkel (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication.) Divorce is never something you plan on, but it's no secret that not every marriage ends up in...

U of MO-Kansas City law professor receives award from Chinese government.
January 12, 2006... Byline: Charles Emerick A University of Missouri-Kansas City School of Law professor has received the highest award given by the Beijing, China, Municipal Government to a foreigner. Patrick Randolph was honored today with the Great...

AT&T seeks statewide franchise status through bill.
January 12, 2006... Byline: Kathleen T. Brady AT&T plans to compete with cable companies in the television industry but not without a little bit of help from state legislators first. Last week, a bill was filed in the Senate that would give AT&T...

Commentary: Fraud Prevention 101.
January 12, 2006... Byline: Tracy Coenen Fraud is an industry unto itself, causing annual losses to United States companies totaling at least $660 billion. While it's easy to focus on the big losses incurred by the likes of Enron, Tyco, and WorldCom, no...

Toxic mold case in California settles for $22 million.
January 13, 2006... Byline: Natalie White (This article originally appeared in Lawyers Weekly USA, Boston, MA., another Dolan Media publication). A $22.6 million settlement in a toxic mold case, claiming that moldy lumber used to build their house created...

North Dakota law school clinic loses viewpoint discrimination suit appeal.
January 13, 2006... Byline: Donna Walter (This article originally ran in the The Daily Record, St. Louis, MO., another Dolan Media publication). A North Dakota man who criticized a law school's clinical education program for its participation in a lawsuit...

Isle of Capri Casinos eyes Highway 40 corridor in St. Louis.
January 13, 2006... Byline: Mike Trask Office buildings in Weldon Spring and the WingHaven development in O'Fallon are among the locations Isle of Capri Casinos Inc. officials are considering as possible sites for the gaming company's headquarters, according...

American Bar Assn. institute explores homeland security issues.
January 13, 2006... Byline: KC Daily Record Staff What are some of the legal practices and regulations used by the Department of Homeland Security to keep America's ports secure and protect the sensitivity of critical infrastructure information? How might the...

Commentary: Ponderings on the Roth 401(k) option.
January 13, 2006... Byline: Gary Williams (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication). Whether your financial consultant has told you about it, or your employees have started lobbying for...

Commentary: With the world flattening out, we need to invest in our most important asset.
January 13, 2006... Byline: David Clogg (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication). Recently, I had the opportunity to read Thomas F. Friedman's "The World Is Flat," a gem that's been on...

Justice Roberts issues year-end report on federal judiciary.
January 14, 2006... Byline: NY Daily Record Staff The following is U.S. Supreme Court Chief Justice John Roberts' year-end report on the federal judiciary: New Year's Day in America means football, parades, and, of course, the year-end report on the...

Trial begins over wrestler's death.
January 14, 2006... Byline: Emily Umbright A few St. Louis area wrestling icons find themselves in a ring of a different sort as they start taking the witness stand in a wrongful death trial that began Tuesday in the St. Louis City Circuit Court. The...

Commentary: Older medical school graduates embraced by industry.
January 14, 2006... Byline: Joseph Patrick Bulko Ever wonder why medical residents seem so young? The answer is simple: because they are young. Just 3 percent of the 17,000 people who graduate from medical schools every year are over the age of 33,...

Commentary: Removal to federal court: Look before you leap, Part II.
January 14, 2006... Byline: Paul Mark Sandler with Robert B. Levin When a client is sued in state court, his or her defense lawyer is prone to consider removal to federal court as an option. Rightly or wrongly, many attorneys believe federal courts can be...

COA rules definition of 'shall' in sexual predator law not directory.(Directory)
January 15, 2006... Byline: Denise G. Callahan In a case of first impression in Missouri the Western District Court of Appeals defined the word "shall" as it relates to court proceedings involving the commitment of sexually violent predators. The court...

Global architectural firm HOK wins award for sustainable design guidebook.
January 15, 2006... Byline: St. Louis Daily Record Staff The second edition of "The HOK Guidebook to Sustainable Design" is earning national recognition as the Sustainable Buildings Industry Council bestowed its "2005 Best Sustainable Practice Award" on St....

How to choose the right commercial bank.
January 15, 2006... Byline: Bernadette Starzee Choosing a bank is a bit like choosing a spouse: it's important to think about the long haul. "Sometimes, business owners focus on the immediately tangible aspect of banking: shopping for the loan rate that...

Commentary: How to control your mother: Writing persuasively.
January 15, 2006... Byline: Andrew Baida One of the most important writing techniques I use I learned from my mother, although, as those of you who have read this column should know by now, not in any of the ways that you would typically expect. You would...

Defective balcony has builder headed back to court.
January 16, 2006... Byline: Denise G. Callahan The Western District Court of Appeals has opened a window for an additional exception to the statute of repose in construction torts. The court in Athena Thompson et al v. Harlan Higginbotham and Gary...

7th Circuit rules consent voluntary despite being obtained by threat.
January 16, 2006... Byline: David Ziemer The Seventh Circuit held on Jan. 6 that, where an officer could have impounded and searched a vehicle, it was not coercive to obtain consent to search it by threatening to do so. Two police officers in Illinois,...

Breaking down barriers, climbing up the ranks.
January 16, 2006... Byline: Natalie Canavor When Sue Suver was 19 and working as a part-time EKG technician, a cardiologist threw a metal chart at her across the room and screamed "Stupid!" Her response: "Without thinking about it I picked the chart up and...

Commentary: Art of financial seduction - New Age investing.
January 16, 2006... Byline: Allan Roth Now I don't want to brag, but when it comes to investing, I've been around the block. I honestly felt I had looked at every version of every financial product out there. No way could I ever fall in love with some...

Western District Court of Appeals rules discipline not contrary to weight of evidence.
January 17, 2006... Byline: Denise G. Callahan The Western District Court of Appeals conveyed an enormous amount of power to local governing boards in the case of a state trooper's termination. In the case Charles L. Pleasant v. Missouri State Highway...

Owners of Roundabout Signs tap into market for authentic international road signs.
January 17, 2006... Byline: Amy Gillentine (This article was originally published in the Colorado Springs Business Journal, another Dolan Media publication.) Glimpsing the tell-tale round sign with the five diagonal slashes flash by at 160 mph while...

Construction firms can lose to unforeseen increases in material costs.
January 17, 2006... Byline: Libby Tucker (This article was originally published in Daily Journal of Commerce, Portland, Ore., another Dolan Media publication.) The Portland Design Commission couldn't believe what it was hearing. When the commission...

Commentary: Hope you've been keeping score, it is time for a quiz.
January 17, 2006... Byline: Jim Wirken Every business needs five things to survive and thrive. "Clients," "administrative procedures," procedures for "getting the work done," a "method to bill," and a way to "collect the bill." In the past weeks, we have...

Western District Court of Appeals finds father failed to defend allegations of willful neglect.
January 18, 2006... Byline: Denise G. Callahan The Western District Court of Appeals sent a strong message to birth parents, warning that it will not leave children in limbo. The birth father in the appeal In the Interest of: J.P.B. and A.R.B.,...

Billionaire investor awarded $1.45 billion in fraud suit.
January 18, 2006... Byline: Nora Lockwood Tooher (This article originally appeared in Lawyers Weekly USA, Boston, MA., another Dolan Media publication). In 2005's largest verdict to an individual plaintiff, a Florida jury last May ordered Morgan Stanley...

Survey of corporations' chief legal officers shows increased satisfaction with outside counsel.
January 18, 2006... Byline: Missouri Lawyers Weekly Staff A survey of chief legal officers in U.S. corporations shows that law firms hired as outside legal counsel have been doing something right this year. The 2005 Chief Legal Officer Survey, conducted...

Federal judiciary funds increased, cuts still possible.
January 18, 2006... Byline: Missouri Lawyers Weekly Staff The federal Judiciary overall received a 6.1 percent increase for Fiscal Year 2006 over the FY 2005 appropriations level, while the courts' Salaries and Expenses Account received a 5.4 percent...

Commentary: Planning ahead.
January 18, 2006... Byline: Dena Frenkel (This article originally appeared in the Daily Record, Baltimore, MD., another Dolan Media publication). There are many factors to consider when saving for retirement, such as your life expectancy, desired...

Waiver of woman's doctor-patient privilege retained.
January 19, 2006... Byline: Joy Simmons The medical and psychological records of a woman alleging gender discrimination and sexual harassment were protected by the physician-patient privilege because she sought only "garden variety" emotional distress damages...

Jury finds for St Louis athletic club in wrongful death suit.
January 19, 2006... Byline: Emily Umbright A St. Louis city jury found the South Broadway Athletic Club not liable on Friday for the accidental death of wrestler trainee Curtis Parker. With 10 out of 12 jurors finding in favor of the club, plaintiffs'...

Florida family wins $61.2M in Ford Explorer rollover.
January 19, 2006... Byline: Reni Gertner In the ninth loss for Ford in Explorer rollover cases, a Florida jury awarded $61.2 million to the parents of an 18-year-old boy who was killed in a 1997 accident. Ford won the first 13 Explorer rollover cases to...

Commentary: Not using those gift cards? Get cash.
January 19, 2006... Byline: Larry Fiorino The National Retail Federation, the world's largest retail trade association, expected holiday consumers to spend more than $17 billion on gift cards this holiday season. While many holiday shoppers figure that a...

Tenant wins $925K verdict for mold-related injuries.
January 20, 2006... Byline: Denise G. Callahan Can a tenant collect significant damages from her landlord for mold-related injuries, even though she admittedly had pre-existing allergies? A $925,000 jury verdict in Michigan indicates the answer is a...

Judge Theodore McMillian's lifetime of achievements comes to an end.
January 20, 2006... Byline: Charles Emerick Judge Theodore McMillian was a man of firsts. He was the first African American prosecutor in Missouri, the first African American judge on the Missouri Court of Appeals for the Eastern District and the first on...

New hospitals stress safety, technology, comfort.
January 20, 2006... Byline: Brian Johnson One of Ellerbe Becket's recent design projects includes a "healing room" with a fireplace and comfortable furniture, large windows with impressive views of the city, a two-story glass atrium and feng shui design...

GPS is changing the construction landscape.
January 20, 2006... Byline: Libby Tucker In the next decade, global positioning system technology "will be just like a laser is on a job site now," said Alan Park, owner of Vancouver's Division 2 Services, in a presentation to the National Utility...