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

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

A first for appellate leaders: Black judges serve as chief in Missouri Western, Eastern districts.
July 1, 2008... Byline: Charles Emerick and Kelly Wiese For apparently the first time in state history, black judges will be in charge of both the Eastern and Western District Courts of Appeals starting today. Judge Thomas Newton takes over as chief judge...

Former worker not bound by arbitration, rules Missouri appeals court.
July 1, 2008... Byline: Scott Lauck A Missouri appeals court issued a ringing endorsement Monday of an employee's right to take her former employer to court. The Missouri Court of Appeals Western District said Mary Kay Morrow, a former employee at...

Anti-stem cell group sues Missouri state officials over life sciences funding.
July 1, 2008... Byline: Kelly Wiese A group opposed to embryonic stem cell research sued state officials Monday, seeking to prevent state money from being used to support such research. The lawsuit by the Missouri Roundtable for Life asks a court to...

Split Missouri Court of Appeals Western District denies new trial, despite error.
July 1, 2008... Byline: Charles Emerick Two families will not get another trial against Ford Motor Co. for product liability, the Missouri Court of Appeals Western District ruled on Monday. In a closely divided 3-2 decision, the court majority determined...

Governor of Missouri signs bill on Internet bullying.
July 1, 2008... Byline: Kelly Wiese By the end of summer, those who write harassing messages to teenagers online may pause longer before hitting the send button. This time, authorities won't be left scratching their heads on how to prosecute such actions....

Woman injured during jury duty sues Jackson County.
July 2, 2008... Byline: Charles Emerick Chances are most people would throw themselves down a flight of stairs to get out of jury duty. In Louella Wilkins' case, a fall down the stairs didn't stop her from fulfilling her civic duty, but it is the subject...

Missouri Supreme Court rules defendants get new trials for sentencing.
July 2, 2008... Byline: Donna Walter One ruling overturns 12-year-old precedent The Missouri Supreme Court, in a 4-3 decision, said prosecutors must prove a defendant knowingly sold drugs near public housing to get a conviction for the offense. With...

Missouri Supreme Court makes exception for man with late filing.
July 2, 2008... Byline: Kelly Wiese The Missouri Supreme Court has ruled that a man deserves an exception to a rule setting a deadline for seeking post-conviction relief. Vincent McFadden was convicted of first-degree assault, armed criminal action and...

Missouri Attorney General Nixon stripped of trust fund.
July 2, 2008... Byline: Angela Riley After a six-week investigation into Attorney General Jay Nixon's office, Gov. Matt Blunt placed control of the entire Attorney General's Trust Fund with the Office of Administration on Monday. The move was made after a...

Attorney says Kansas City-based Hallmark already revised policy.
July 2, 2008... Byline: Scott Lauck A former Hallmark employee will get her day in court, but she might be the only one. An attorney for the Kansas City-based card company said Tuesday that the policy the court questioned was revised in August 2003 and...

Missouri Court of Appeals Eastern District rules doctor may pursue suit over employment agreement.
July 2, 2008... Byline: Donna Walter A St. Charles cardiologist will have his day in court. On Monday, the Missouri Court of Appeals Eastern District said Stephen Comens may pursue his breach of employment agreement claim against SSM St. Charles Medical...

Mo. fireworks cases were resolved this year: Litigation with a bang.
July 3, 2008... Byline: Aaron Bailey Season brings festivities and fireworks personal injury cases Litigation from fireworks injuries is often the fallout from Independence Day. From deaths due to large explosions to injuries from small fireworks, a...

Missouri Court of Appeals Western District rules six-year delay not prejudicial.
July 3, 2008... Byline: Scott Lauck Despite nearly a six-year delay between his arrest and conviction, a Morgan County man's right to a speedy trial was not violated, an appeals court ruled this week. The Missouri Court of Appeals Western District said...

Federally pre-empted cases could head to state courts.
July 7, 2008... Byline: Donna Walter A federal appeals decision last week pitted the ability of accident victims to find redress for injuries against the separation of power between Congress and the judiciary. The 8th U.S. Circuit Court of Appeals said an...

Some lawyers see potential for whitewash in review of Kansas City case.
July 7, 2008... Byline: Charles Emerick After U.S. Attorney John Wood called for an independent review of a closed criminal case last week, some lawyers were quick to express their doubts on whether a true investigation will happen. Criminal defense...

Kansas City Courthouse Roundup: July 7, 2008.
July 7, 2008... Byline: Charles Emerick An elderly woman will keep a $480,000 jury verdict she received for the injuries she suffered during a fall at an Independence hospital. The Missouri Court of Appeals Western District recently affirmed the verdict...

Temporary restraining order denied in Missouri stem cell suit.
July 7, 2008... Byline: Bryan Utter Having failed in its bid for a temporary restraining order, an anti-stem cell group will try in August to win a permanent injunction against future grants of public funds to stem cell research. Judge Jon Beetem of the...

Kansas City's law firms of Polsinelli, Shughart may merge.
July 8, 2008... Byline: Daily Record Staff Two of Kansas City's largest law firms announced late Monday afternoon that they are exploring a potential merger. In a press release, CEOs from Polsinelli Shalton Flanigan Suelthaus and Shughart Thomson & Kilroy...

A Jackson County jury awards fired doctor $4.95M.
July 8, 2008... Byline: Charles Emerick A doctor who once directed neonatal intensive care units for two area hospitals received a $4.95 million verdict last week for his allegations of wrongful interference and defamation. A Jackson County jury returned...

AG race in Missouri picks up steam with first two TV spots.
July 8, 2008... Byline: Aaron Bailey The Democratic nomination race for Attorney General just hit the television airwaves. Both Chris Koster and Jeff Harris rolled out 30-second campaign commercials Monday in the St. Louis and Kansas City markets. While...

Pro se rules take effect in Missouri; forms still in the works.
July 8, 2008... Byline: Kelly Wiese People who decide to go it alone in court now have some formal guidance on what to expect. The Supreme Court has approved new rules, which took effect July 1, for those who choose to represent themselves rather than...

InBev seeks board ouster over St. Louis based Anheuser rejection.
July 8, 2008... Byline: Duane D. Stanford InBev NV will ask Anheuser-Busch Cos. shareholders to oust the U.S. brewer's board after the directors rejected InBev's $46.3 billion hostile takeover offer because it was too low. InBev is seeking to use a...

Ferguson-Florissant Middle School teacher's claim of duress fails to sway jury.
July 8, 2008... Byline: Angela Riley Despite her claim that she was forced to do it, accused sexual predator Cathy Heminghaus was convicted last week of statutory sodomy with two of her students. But a suggestion that some of her alleged victims might...

Potential merger of Kansas City-based law firms follows national trend.
July 9, 2008... Byline: Aaron Bailey If it happens, Polsinelli-Shughart deal would vault new firm to top revenue, personnel ranks in state With two large Kansas City-based law firms considering a merger, how would a new powerhouse affect the legal...

Overland Park-based Ferrellgas seeks to recover embezzled money.
July 9, 2008... Byline: Charles Emerick An Overland Park propane gas company continues to battle for millions of dollars it says was lost due to a scheme headed by one of its former employees. Ferrellgas, which recently won a $3.2 million judgment in...

St. Louis-based Bryan Cave opens office in Paris.
July 9, 2008... Byline: Angela Riley Bryan Cave has partnered with French attorneys to open its first French office in Paris. Kathie Claret and Joseph Smallhoover, formally of the New York-based Dechert law firm's Paris office, are the principal attorneys...

Commentary: A crayon mistake had me condemned at 6.
July 9, 2008... Byline: Christine Hughes At an early age I learned how it feels to be falsely accused. I was in the first grade at a small elementary school in Fortuna, Mo. My family was poor, and at the start of the school year I did not have a box of...

U.S. District Court tosses discrimination claim against Kansas City-based union.
July 10, 2008... Byline: Aaron Bailey A federal judge rejected claims by five black men that they were discriminated against by their union. The five men sued Kansas City-based Local 2 Sheet Metal Workers' Union on claims that they were denied job...

Mullen selected for St. Louis judgeship.
July 10, 2008... Byline: Donna Walter Gov. Matt Blunt named Michael K. Mullen as a circuit judge on the St. Louis Circuit Court. Mullen, 44, is an associate circuit judge on the St. Louis court. As a circuit judge, Mullen will handle more jury trials that...

Allstate settles long-running bad faith suit in Jackson County Circuit Court.
July 10, 2008... Byline: Charles Emerick Both sides have agreed to settle a lengthy and contentious bad-faith insurance dispute that influenced similar cases across the country. Allstate Insurance Co. and Paul Aldridge, a former policyholder, reached a...

EEOC names regional attorney for the district including Missouri and Kansas.
July 10, 2008... Byline: Angela Riley The U.S. Equal Employment Opportunity Commission has selected a new regional attorney for the district including Missouri and Kansas. Barbara Seely, a 29-year veteran attorney of the EEOC, will fill the St. Louis...

8th U.S. Circuit Court of Appeals rules right to cross-examine doctors not there after all.
July 10, 2008... Byline: Donna Walter Social Security claimants do not have a constitutional right to subpoena or cross-examine the doctors consulted by administrative law judges in disability hearings, the 8th U.S. Circuit Court of Appeals said....

$468,000 federal award counters $12M Missouri state verdict against quarry.
July 11, 2008... Byline: Aaron Bailey A federal jury awarded two companies more than $468,000 this week, just a few months after a state jury entered a $12 million verdict against the companies for claims arising from the same issue. A Kansas City federal...

Kansas City Legal Briefs: July 11, 2008.
July 11, 2008... Byline: Aaron Bailey A California man who is under federal investigation for representing clients without a law license was briefly allowed to practice in the Western District. Howard O. Kieffer had filed a sentence reduction motion...

DEA imposter faces 23-count indictment: President of First Bank Mortgage charged in separate case.
July 11, 2008... Byline: Donna Walter U.S. Attorney Catherine Hanaway announced Thursday afternoon the indictment of a man who posed as a federal law enforcement officer in Gerald, Mo. Bill Anthony Jakob, 36, was charged in a 23-count indictment alleging...

Cole County judge considers dismissal of e-mail lawsuit.
July 11, 2008... Byline: The (Kansas City) Daily Record A Cole County judge was urged Thursday to dismiss a lawsuit over the state e-mail retention policy of Gov. Matt Blunt's office. Blunt's lawyer, John Holstein, a former state Supreme Court judge who is...

Tow-truck driver's death earns family $4.87 million.
July 11, 2008... Byline: Angela Riley The family of a tow-truck driver who was killed by a tractor-trailer driver in a hit-and-run accident near St. Louis last year recently reached a $4.87 million settlement with the truck driver and his employers. ...

Suit targets former Kansas City Royal.
July 14, 2008... Byline: Charles Emerick Woman says Emil Brown failed to pay settlement over alleged assault A lawsuit filed last week in Jackson County reveals allegations that a former Kansas City Royals player failed to pay a woman a settlement that...

Missouri's illegal immigrant law draws worries, applause.
July 14, 2008... Byline: Donna Walter While critics examine ways to challenge Missouri's new illegal immigration law, one of its drafters says the law is on solid legal ground. Kris Kobach, who teaches law at the University of Missouri-Kansas City and who...

Cole County judge dismisses e-mail lawsuit against Gov. Blunt.
July 14, 2008... Byline: Scott Lauck Ten-day window left for AG to join case A lawsuit over the e-mail policy of Gov. Matt Blunt might be doomed after a Cole County judge on Friday dismissed the suit on procedural grounds. In a brief order issued a day...

Kansas City Courthouse Roundup: July 14, 2008.
July 14, 2008... Byline: Charles Emerick Denials similar to those made last week by Kansas City are expected soon from Mayor Mark Funkhouser and his wife, Gloria Squitiro, regarding a lawsuit brought by a former staffer. An attorney for Kansas City last...

Commentary: A now, now, now mentality cuts both ways.
July 14, 2008... Byline: Craig Napier Wow, this whole new-kid, wife-off-work, running-a-business stuff didn't get any easier with the celebration of our nation's independence. I guess I should've expected it. I would love to speak today about the latest...

Experts say the InBev offer makes new lawsuits unlikely against St. Louis-based Anheuser-Busch.
July 15, 2008... Byline: Donna Walter The announcement that Anheuser-Busch and InBev agreed to a friendly merger has dimmed the prospects for lawyers who filed shareholder lawsuits against the St. Louis-based beer maker. Anheuser-Busch and Belgium-based...

8th U.S. Circuit Court of Appeals affirms longer sentence on drug charges.
July 15, 2008... Byline: Kelly Wiese But judge questions constitutionality A federal appeals court has upheld the sentence enhancements of two people on drug charges, even though the increase was based on a weapon charge for which a jury acquitted...

Alleged agent imposter enters not guilty plea in Federal Eastern District of Missouri.
July 15, 2008... Byline: Angela Riley The man accused of impersonating a federal agent pleaded not guilty in federal court on Monday. Bill Anthony Jakob, 36, was arraigned before Magistrate Judge Audrey Fleissig in the Federal Eastern District of...

U.S. District Judge Julie Robinson rules trademark dispute among few to be tried before jury.
July 16, 2008... Byline: Charles Emerick Despite taking a $127,000 hit, Joe-College.com turned out much better than others that have been in its position. The Lawrence, Kan., shop, whose parody T-shirt business came under fire from the University of Kansas...

Missouri Supreme Court rules work comp must pay up.
July 16, 2008... Byline: Donna Walter Post-Schoemehl case might be first and last The teenage children of a woman who died while her workers' compensation claim was still pending will receive their mother's disability benefits for the rest of their...

Missouri Court of Appeals Western District rules health care insurers can go to arbitration.
July 16, 2008... Byline: Aaron Bailey Kansas City-area physician groups trying to sue several health insurance companies for price-fixing will have to arbitrate their claims. In a unanimous decision, the Missouri Court of Appeals Western District en banc...

Missouri Supreme Court rules no disbarment for lawyer with bipolar disorder.
July 16, 2008... Byline: Allison Retka In a disciplinary case involving Clayton attorney Mark Belz, the Missouri Supreme Court took great pains to detail the seriousness of Belz's offense: taking money from clients for personal use. But the court also...

FedEx liable, $4.4 M verdict stands, Missouri Court of Appeals Western District rules.
July 16, 2008... Byline: Aaron Bailey An appellate ruling Tuesday upheld a $4.4 million Jackson County verdict stemming from a 2003 car crash. The Missouri Court of Appeals Western District ruled that FedEx was vicariously liable for the crash that left a...

St. Louis-based Metro Law Firm head owes for unpaid taxes.
July 17, 2008... Byline: Donna Walter A federal judge has ordered St. Louis lawyer Elbert A. Walton Jr. to pay the government $40,000 for unpaid income taxes. Walton, owner of Metro Law Firm, and his wife, Rep. Juanita Head Walton, owe federal income...

St. Louis-based Wachovia Securities raided in state investigation.
July 18, 2008... Byline: Donna Walter Officials from Secretary of State Robin Carnahan's office conducted a special inspection at Wachovia Securities headquarters in downtown St. Louis Thursday morning in connection with the $330 billion auction-rate...

Federal Findings: Judge orders DSS to register clients to vote.
July 18, 2008... Byline: Aaron Bailey A federal judge granted a preliminary injunction this week requiring the Department of Social Services to register its clients to vote. The injunction requires DSS offices across the state to comply with the National...

More Missouri municipal courts adopt e-filing system.
July 18, 2008... Byline: Angela Riley The St. Louis County Municipal Court joined a number of other area cities in adopting an electronic case management system. The county reached an agreement with Tyler Technologies on Monday to implement its INCODE...

Lawyers to fight loss of millions in fees from 8th Circuit's ruling in billboard case.
July 21, 2008... Byline: Aaron Bailey After an appeals court reversed about $1.8 million in attorney fees and expenses stemming from a racketeering lawsuit, the attorneys are eyeing relief from the U.S. Supreme Court. In 2005, a federal jury awarded about...

Jackson County abandonment of body case back in trial court.
July 21, 2008... Byline: Charles Emerick Some of the players from one of last year's most bizarre civil trials are back in court to sort out allegations relating to an underlying criminal case. Matt Davis, whom a jury ordered to pay $500,000 for the...

Missouri Supreme Court: Nondriving aunt held liable for her own injuries.
July 21, 2008... Byline: Donna Walter The owner of a car is partially liable for an accident that occurred when her nephew rear-ended a fire truck, the Missouri Supreme Court said last week in a 4-3 decision. The court said Sandra Bach, the owner of a...

Kansas City Courthouse Roundup: July 21, 2008.
July 21, 2008... Byline: Charles Emerick Several Kansas City businesses are continuing their legal fight to repeal the city's recently enacted smoking ban. The nine plaintiffs who sued the city in May are now asking Jackson County Circuit Judge John...

Commentary: Mac daddy First Amendment?
July 21, 2008... Byline: Craig Napier Around a month ago some members of the Kansas City Council expressed their shock and outrage at complaints about the Kansas City Power & Light District's dress code. It seems that it targets black males. Or anyone who...

Anti-smoking law's author in K.C. seeks to defend it in court.
July 22, 2008... Byline: Charles Emerick A Kansas City lawyer who helped draft the city's new smoking ban says he should be permitted to join a lawsuit challenging the ordinance. Mike White is one of five committee members who worked to get the smoking...

Jackson County Circuit Judge Clark to retire; applications sought.
July 22, 2008... Byline: Charles Emerick Jackson County Circuit Judge Thomas C. Clark will leave the bench in one month, when he turns 70. Clark, one of the court's longest-serving judges, will retire on Aug. 25, the 16th Circuit Judicial Commission said...

St. Louis lawyer Weiss remembered as lawyer and more.
July 22, 2008... Byline: Donna Walter Longtime St. Louis lawyer William Losse Weiss, the namesake of an annual award from the Bar Association of Metropolitan St. Louis, died July 16. He was 94. John C. Rasp, of Husch Blackwell Sanders, received the William...

Committee in Missouri giving decried, but used.
July 23, 2008... Byline: Scott Lauck Although all of the state's candidates for attorney general say they dislike the current system of campaign finance, all also have used it to their advantage. In campaign reports issued last week, Democratic candidates...

License lost for pushing under the influence rules Missouri Court of Appeals Western District.
July 23, 2008... Byline: Charles Emerick Drinking and pushing your motorcycle -- while the engine is running -- don't mix. A ruling from the Missouri Court of Appeals Western District on Tuesday held that an Independence man should lose his license for...

Missouri Court of Appeals Eastern District rules Six Flags not liable for crash.
July 23, 2008... Byline: Donna Walter Neither Six Flags nor the city of Eureka can be held liable for an accident that killed five family members eight years ago. The Vonder Haars, visiting from Breese, Ill., were on their way to Six Flags St. Louis on...

Missouri Legal Briefs: July 23, 2008.
July 23, 2008... Byline: The (Kansas City) Daily Record High court plans execution date for Middleton The Supreme Court has again planned an execution date for John Middleton. If it proceeds, Middleton would be the first inmate in Missouri to be...

Helm sworn in as Jackson County's first municipal court judge.
July 24, 2008... Byline: Charles Emerick Newly created division hears sheriff, ranger tickets Soon after taking an oath to become Jackson County's first municipal court judge, Garry Helm quickly went to work. Helm was sworn in Wednesday during a small...

Jackson County Circuit Court: Contempt fines vanish with smiles, handshakes.
July 24, 2008... Byline: Charles Emerick For what will likely be the last time, the parties in a litigious and lengthy bad faith claim against Allstate Insurance met in a courtroom on Wednesday. It remained undisclosed what Allstate will pay to put behind...

Lawyer attacks MySpace fraud case.
July 24, 2008... Byline: Sarah Wienke The attorney for Lori Drew, the woman accused of harassing a teen by creating a fake online identity on MySpace, is objecting to the prosecution's argument that his client violated the Computer Fraud and Abuse Act....

Smoke shop saved from state seizure by Mo. Eastern District Court of Appeals.
July 24, 2008... Byline: Kelly Wiese A discount cigarette retailer claimed victory with a ruling by the Eastern District Court of Appeals that state revenue officials overstepped their authority in seizing cigarettes. Dirt Cheap Cigarettes and Beer had...

St. Louis County election board chairman accused of conflict.
July 24, 2008... Byline: Angela Riley A local activist has filed a complaint with the state's chief disciplinary counsel, alleging that the chairman of the St. Louis County Board of Election Commissioners has a conflict of interest between his public...

Commentary: Smart commercial design pays off.
July 24, 2008... Byline: Daniel Sprague Most of us can readily understand that our surroundings have the ability to enhance, illustrate, or detract from who we are and what our businesses are striving to convey and accomplish - and that good (or poor)...

Death penalty fight resumes in Missouri.
July 25, 2008... Byline: Bryan Utter Seventeen inmates facing death sentences filed suit in Cole County Circuit Court against the Missouri Department of Corrections on Thursday, claiming that the agency violated state law when it implemented Missouri's...

Saint Louis University law clinic sues over closure of care facility.
July 25, 2008... Byline: Allison Retka Dennis Nobbe was pleased when he found a well-funded care facility for his sister, a 70-year-old with schizophrenia who has trouble walking. But a week after the woman moved into Shelter Care Home in Edwardsville,...

Subpoenas should have been sought in murder trial, rules 8th Circuit.
July 25, 2008... Byline: Donna Walter After spending 12 years in the state penitentiary, a convicted killer will get a federal hearing about whether his verdict could have been different if his public defender had subpoenaed three out-of-state witnesses....

Kansas City Courthouse Roundup: July 25, 2008.
July 25, 2008... Byline: Charles Emerick A class action lawsuit against the Missouri Department of Revenue and two Texas-based public record providers claims they unlawfully disseminated the personal information of Missouri drivers. The petition, filed on...

Missouri Legal Briefs: July 25, 2008.(Website overview)
July 25, 2008... Byline: The (Kansas City) Daily Record New AHC Web site allows greater public access The Administrative Hearing Commission launched a new Web site on Thursday that will allow for greater online access to AHC cases. We have worked hard...

U.S. District Court in St. Louis Judge Stephen N. Limbaugh Sr.: Last tasks.
July 28, 2008... Byline: Donna Walter Judge Stephen N. Limbaugh Sr.'s last week on the federal bench will be a busy one. Limbaugh, a senior judge in the U.S. District Court in St. Louis, will leave the court Thursday to make room for his son, Stephen N....

St. Louis Circuit Judge orders new trial in once-forgotten case.
July 28, 2008... Byline: Kelly Wiese A judge has ordered a new trial on a case that went to court in 1997 and 2002, then fell off the charts without resolution until this spring. The case file resurfaced as St. Louis Circuit Judge Evelyn Baker was...

Kansas City Courthouse Roundup: July 28, 2008.
July 28, 2008... Byline: Charles Emerick In what plaintiffs' attorney Charlie Speer called a huge break, a Jackson County judge recently had a change of heart regarding a past ruling. Judge Jay Daugherty ruled dozens of cases, alleging that hog...

Democratic AG candidates call for more Defender funding in Missouri.
July 28, 2008... Byline: Scott Lauck Democratic attorney general candidates Jeff Harris and Margaret Donnelly on Friday called for more funding for the state's Public Defender's Office. Speaking on Up to Date, a radio program on KCUR in Kansas City, Harris...

Missouri Supreme Court sets date for Skillicorn execution.
July 28, 2008... Byline: The Daily Record Staff The Supreme Court has set an execution date for another death row inmate. This time, the court set the execution of Dennis Skillicorn to be carried out on Aug. 27. He was convicted in March 1996 in Lafayette...

Commentary: I guess the client still is always right.
July 28, 2008... Byline: Craig Napier I have been revisiting a phenomenon that I have touched on a few times in this column, but I don't know that I'll ever truly solve. Not that every problem needs to be solved, sometimes it just needs to be aired -- at...

State of Missouri goes after mortgage fraud.
July 29, 2008... Byline: Charles Emerick 'We are working to stop the empty promises,' Nixon says A series of lawsuits filed in courts throughout Missouri on Monday target companies for allegedly defrauding homeowners with refinancing and foreclosure...