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

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

MO Court of Appeals rules airport tug not defined as a car under insurance policy.
June 1, 2005... Byline: Donna Walter A baggage tug is not a car, and the airport tarmac is not a public road, said the Missouri Court of Appeals, Eastern District, holding State Farm Mutual Automobile Insurance Co. does not have to provide coverage in an...

Shook Hardy & Bacon makes business lawyers Who's Who list.
June 1, 2005... Byline: Missouri Lawyers Weekly Staff Shook Hardy & Bacon has been named the 2005 Global Product Liability Law Firm of the Year in the inaugural Who's Who Legal Awards. Based on nominations from clients and private practice...

Malpractice insurers watching impact of bankruptcy law.
June 1, 2005... Byline: Dara McLeod (This article originally ran in Virginia Lawyers Weekly, Richmond, VA, another Dolan Media publication.) Malpractice insurers will be monitoring the effects of the new bankruptcy reform bill as the majority of its...

Commentary: Justice for all.
June 1, 2005... Byline: Christine Ann Hughes Last month I had the honor of attending the 7th Annual Legal Aid of Western Missouri Luncheon at the Marriott Hotel in downtown Kansas City, Missouri. Sister Helen Prejean was the guest speaker and even though...

Commentary: Dividend-paying stock is smart investment.
June 1, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Investors looking for income are increasingly hard pressed to find an inflation-beating yield matched with...

8th Circuit Court of Appeals gives age discrimination case gets another chance in court.
June 2, 2005... Byline: Donna Walter A former Kelly Services salesperson will have another shot at suing the company for firing her in retaliation for raising concerns of age discrimination, although she lacks the probative evidence to pursue the...

Support of several organizations helps pass Missouri Quality Jobs Act.
June 2, 2005... Byline: Robin Seaton Jefferson A joint effort between businesspeople, economic development agencies and state government has resulted in legislation that is expected to put Missouri in a better position to lure companies here. The...

Most law firms have IRS-approved retirement plans.
June 2, 2005... Byline: NY Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication). According to Altman Weil's Retirement and Withdrawal Survey for Private Law Firms, since 1981, 96 percent...

Missouri sunshine law dispute headed back to trial court, but with new judge.
June 3, 2005... Byline: Denise G. Callahan Political posturing may have been afoot in a Missouri sunshine law dispute considered recently by the Western District, but one attorney in the case says the court never even considered the critical question in...

ABA's judicial code group releases revised draft of its political activity canon.
June 3, 2005... Byline: KC Daily Record Staff The American Bar Association's Joint Commission to Evaluate the Model Code of Judicial Conduct has released a revised draft of its proposed new canon and rules addressing political activity, along with...

MO Supreme Court finds property partition mishandled.
June 3, 2005... Byline: Erin Suess A lower court jumped the gun on settling a dispute between two real estate partners, disposing of a disputed property in such a way that it amounted to a private sale - and well beyond the court's powers - held the...

Commentary: Tech Tips - IT Security for the Small Business.
June 3, 2005... Byline: Doug Washington What do you think would happen if your company lost all of the files on your server? What if your number one competitor acquires access to your customer database? Or maybe your accounts receivable are suddenly...

Commentary: Rules change when the government sues for discrimination.
June 3, 2005... Byline: John Finerty (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) Most employers that have faced discrimination charges understand how the U.S. Equal Employment Opportunity...

MO Court of Appeals, Western District rules faulty liability release may be corrected.
June 6, 2005... Byline: Denise G. Callahan The Western District says a liability release is considered a contract and thus parties get a do-over if the release was made by mistake. In Kimbra and Christopher Lunceford v. Michael C. Houghtlin and Glynn...

Missouri Supreme Court to clarify childhood sexual abuse law.
June 6, 2005... Byline: Donna Walter (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) It should be up to a jury to decide whether a former Chaminade student's claims against his high school...

World-wide publisher recognizes law firm of Bryan Cave for corporate, litigation work.
June 6, 2005... Byline: KC Daily Record Staff A world-wide publisher of guides to the legal profession has ranked the law firm of Bryan Cave No. 1 for corporate work and general commercial litigation in Missouri. The latest edition of "Chambers USA:...

Commentary: Patience is a virtue.
June 6, 2005... Byline: Erika Wirken In the legal profession there is a lot of hurry up and wait. Lawyers fill their days by waiting to find out a verdict, waiting for a return call, waiting for our case to be called on the docket, waiting for a...

Commentary: Raising the Bar - Emotion in the courtroom.
June 6, 2005... Byline: Paul Mark Sandler Emotion is a powerful force in all human affairs, including arguments. When you like certain people, you are more inclined to accept what they say and to do what they want. When you are angry with them, you are...

New MO Housing Development Commission officers elected.
June 6, 2005... Byline: St. Louis Daily Record Staff State Treasurer Sarah Steelman was elected chairwoman of the Missouri Housing Development Commission during the commission's annual meeting in Jefferson City, Mo. She replaces Gary Collins of Jefferson...

MO Court of Appeals rules executive board has authority to bring suit.
June 7, 2005... Byline: Denise G. Callahan After three years and a reported $2 million spent in legal fees the Missouri Baptist Convention edged forward an inch in its fight to retain control over five companion organizations. The Western District...

MO's small-biz owners like direction that state is headed.
June 7, 2005... Byline: Mike Trask (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Nearly two-thirds of Missouri's small-business owners are satisfied with the direction in which the state...

Food regulation and litigation are expanding.
June 7, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) The food industry is under siege. Whether blaming fast food restaurants and junk food manufacturers for the...

Commentary: Look out! - That laptop may be too hot ...
June 7, 2005... Byline: Rick Edvalson (This article originally ran in Idaho Business Review, Boise, ID, another Dolan Media publication.) My friend showed up for our meeting the other day with his Styrofoam coffee cup in hand. Printed right across the...

Commentary: Using your reports to see the big picture.
June 7, 2005... Byline: Jim Wirken We are continuing to talk about the area of "billing" as the fourth area of the five areas that make up every business in the world. As you know, the other four areas are as follows: "Clients" or "customers";...

MO Court of Appeals, Western District rules firm must pay for unlicensed attorney.
June 8, 2005... Byline: Charles Emerick Although it was furnished with an unlicensed lawyer, the Court of Appeals Western District said a Kansas City law firm must ante up for the services provided by staffing agency Spencer Reed Group Inc. William H....

MO Court of Appeals, Eastern District reinstates $5.5M medical malpractice verdict.
June 8, 2005... Byline: Emily Umbright (This article originally ran in St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) A St. Louis City trial court erased a multimillion-dollar jury verdict not knowing it had the authority to...

1st Circuit finds e-mail notification of arbitration clause insufficient.
June 8, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston MA, another Dolan Media publication.) E-mail notice of a mandatory arbitration clause in a company's employment policy was insufficient, and...

Commentary: Grocery wars, hot retailers and 12,000 pretzels.
June 8, 2005... Byline: Larry Lichtenauer (This article originally ran in the Baltimore Record, Baltimore, MD, another Dolan Media publication.) Three of the most frequently asked questions at this year's International Council of Shopping Centers...

Indemnification clause wording ruled unambiguous by MO Supreme Court.
June 9, 2005... Byline: Erin Suess Everyday people may not be able to tease meaning from the web of complex wording in contracts, but sophisticated corporations certainly can, found the Missouri Supreme Court, dismissive of an insurance company's attempts...

Kansas Supreme Court rules veterans to receive preference for promotions.
June 9, 2005... Byline: Charles Emerick The Kansas Supreme Court ruled that two members of the Leavenworth Police Department were denied promotions in violation of a state statute. In State of Kansas ex rel. Williams Slusher and Ralph Sorrell v. City...

'Booker' holding not retroactive, 3rd Circuit rules.
June 9, 2005... Byline: Lawyers Weekly USA Staff The U.S. Supreme Court's recent ruling that mandatory application of the federal sentencing guidelines is unconstitutional doesn't apply retroactively, the 3rd Circuit has ruled. A federal jury...

Commentary: Photo sites offer Father's Day gifts.
June 9, 2005... Byline: Larry Fiorino Digital cameras, as part of a cell phone or on their own, are one of the hottest items in the electronics market today. But once those pictures are taken, what options do consumers have? Where should all of these...

Colorado Springs Financial Briefs: June 9, 2005.
June 9, 2005... Byline: Rob Larimer After reporting double-digit earnings growth for the last two years, the nation's banks reported a heavy earnings slowdown in 2004. Reports showed growth of 1.8 percent last year, compared to 14.6 percent in 2003...

COA remands summary judgment for Gaming Commission officer.
June 10, 2005... Byline: Denise G. Callahan Harrah's casino is off the hook for punitive damages in a false arrest case decided by the Western District Court of Appeals, but it cornered the cop who did the incarcerating. In Tracey Blue v. Harrah's...

Investment brokers tepid about private Social Security accounts.
June 10, 2005... Byline: Rob Larimer (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Despite the potential of millions of new customers, investment brokers aren't rallying to...

Jury trials in state court new obstacle for employment lawyers.
June 10, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication). The shift from federal to state courts has presented a new group of obstacles for attorneys practicing...

Commentary: Federal judges shouldn't be cloaked in red or blue.
June 10, 2005... Byline: Joan A. Lukey (This article originally ran in Massachusetts Lawyers Weekly, Boston, MA, another Dolan Media publication). Color phobia permeates our political lives. Maps of the United States, once encompassing all the colors...

Commentary: Re-tooling the small law firm.
June 10, 2005... Byline: Michael Giardina (This article originally ran in Michigan Lawyers Weekly, Detroit, MI, another Dolan Media publication). Practice management is a challenge for any law firm. However, managing workflow case documents, court...

Unrelated jobs lead MO Court of Appeals, Western District to overturn DES decision.
June 13, 2005... Byline: Denise G. Callahan An overachieving paralegal/limo driver/cleaning lady was the centerpiece of a dispute over what distinguishes an independent contractor from an actual employee, for the purpose of imposing state unemployment...

8th Circuit Court of Appeals reverses $2M jury award in no-knock entry case.
June 13, 2005... Byline: Emily Umbright (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) David Doran thought he had $2 million-plus coming to him after Kansas City, Mo., police burst into his...

Mortgage Bankers Association hopes to curb abusive lending.
June 13, 2005... Byline: St. Louis Daily Record Staff (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) The Mortgage Bankers Association testified that abusive lending practices have no place...

Commentary: Outta my way!
June 13, 2005... Byline: Chris Wirken We young lawyers eventually reach a time, attitude, and place when being under extensive management and supervision really becomes an obstacle to our work and no longer as necessary a component or aid to practice....

Commentary: On second thought - Get a job.
June 13, 2005... Byline: Mark Cheshire (This article originally ran the The Daily Record, Baltimore, MD, another Dolan Media publication.) 'Tis the season of the newly minted college graduate. Bless their little hearts and their big school loans. ...

Missouri officials push for more transportation dollars.
June 14, 2005... Byline: Mike Trask "A billion here, a billion there, pretty soon it adds up to real money," the late Republican U.S. Sen. Everett Dirksen from Illinois once said. These days, with a federal budget that tops $2.5 trillion and annual...

Stinson Morrison Hecker expands construction, engineering law practice in St. Louis office.
June 14, 2005... Byline: St. Louis Daily Record Staff (This article originally ran in the St. Louis Daily Record, St. Louis, Mo., another Dolan Media publication). Stinson Morrison Hecker L.L.P. has expanded its construction and engineering law...

Lawyers discuss the experience of being in the jury box.
June 14, 2005... Byline: Correy E. Stephenson (This article originally ran in the Lawyers Weekly, Boston, Ma, another Dolan Media publication). Jury duty: for a lot of Americans these are two pretty scary words. But for an increasing number of...

Commentary: If dollars are king, hours are queen.
June 14, 2005... Byline: Jim Wirken We are still talking about the area of "billing" as one of the five areas that make up every business in the world. "Billing" is the fourth area. The other four areas are as follows: "Clients" or "customers";...

Cuban embargo has failed in advancing U.S. goals.
June 14, 2005... Byline: Terry O'Connor (This article originally ran in the New Orleans CityBusiness, New Orleans, La, another Dolan Media publication). The Cuban trade embargo has been a poor idea ever since President John F. Kennedy expanded the 1960...

Lobbyists fighting July 1 federal unsolicited business fax ban.
June 15, 2005... Byline: Sean Ryan (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publication.) There is still a chance that the federal rules blocking unsolicited business faxes won't come into effect July 1....

Kansas City law firm of Blackwell Sanders earns recognition at local, state levels.
June 15, 2005... Byline: KC Daily Record Staff Blackwell Sanders Peper Martin today will be the first Kansas City law firm to receive the Facet of Excellence Award for Employee Development. The award is part of Kansas City's Human Resources Management...

Risks of sharing an office may outweigh the advantages.
June 15, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Sharing an office can seem a simple way for two solo practitioners to ease economic burdens, but office...

Commentary: E-mail, fax, voice mail: Ain't it great.
June 15, 2005... Byline: Bob Barton I sit here as I draft this column on my computer waiting for the e-mail system to get back "up." I feel lost without it. The fax machine is just a few feet away; it spews out paper all day long. Voice mail allows me to...

8th U.S. Circuit Court of Appeals finds recanted testimony insufficient to overturn convictions.
June 16, 2005... Byline: Donna Walter Four men convicted of sexually abusing five of their nieces will continue to do time in prison after the 8th U.S. Circuit Court of Appeals, looking at the case for the third time, said the children's recantations were...

Missouri solo, small firm lawyers share cards and tips at the Lake of the Ozarks.
June 16, 2005... Byline: Emily Umbright Solo and small-firm lawyers from around the state gathered last weekend at the Lodge of Four Seasons in Lake of the Ozarks to share business cards and tips of the trade. For many legal practitioners, The Missouri...

Legislation would keep banks out of real estate business.
June 16, 2005... Byline: Kennedy Smith (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication). For the fourth year in a row, a majority of the U.S. House of Representatives has backed legislation...

Commentary: More employers are hiring older employees.
June 16, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). By 2040, there will be an estimated 65.8 million workers in the United States over the age of 45, representing 40...

Sexually violent predator tag may be based on personality disorder.
June 17, 2005... Byline: Denise G. Callahan The all or nothing approach to involuntarily committing sexual predators post-prison needs to be changed, says the public defender who watched the Western District Court of Appeals throw away the key on his...

Land owners all over the nation donate for easements, tax breaks.
June 17, 2005... Byline: Kennedy Smith (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) Last month, Seattle-based Plum Creek Timber Co. announced plans for a major development project...

Jackson County jury finds Crown Victoria design not to blame in fiery I-70 accident.
June 17, 2005... Byline: Charles Emerick A Jackson County jury found the country's second-largest automaker not accountable for a crash that claimed the life of a Missouri state trooper and severely injured another. Jurors cleared Ford Motor Co. but...

Commentary: Turning problems into opportunities.
June 17, 2005... Byline: Louise Phipps Senft (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) This article will discuss mediation in noncommercial real estate matters. This subject matter is high on the...

Law restricting use of TIFs upheld by Missouri Supreme Court.
June 20, 2005... Byline: Donna Walter (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) The city of St. Charles lost before the Missouri Supreme Court its constitutional challenge to a 2002 law...

Employee who took early retirement not eligible for benefits, MO Court of Appeals says.
June 20, 2005... Byline: Erin Suess (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Did he quit, or was he fired? That was the question facing the Missouri Court of Appeals, Eastern District,...

Popularity of travel insurance grows along with global uncertainty.
June 20, 2005... Byline: Chris Price (This article originally ran in New Orleans CityBusiness, New Orleans, LA, another Dolan Media publication.) Travel insurance is becoming as common among globetrotters as passports and luggage, according to a recent...

Commentary: Web Sightings - PacMan is back as virtual reality game.
June 20, 2005... Byline: Larry Fiorino (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) PacMan returns, but in a new form and more interactive then ever. Years ago, the two-dimensional yellow circle...

Commentary: How to be desirable (and in the public interest).
June 20, 2005... Byline: Andrew Baida (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) The parenthetical in the title of today's article is not an afterthought but rather my subtle way of letting the...

Family and Medical Leave Act Regulations under scrutiny.
June 21, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Employment attorneys and lobbying groups across the country are debating possible changes to the Family and Medical...

National Employment Lawyers Assn. president plans for year ahead.
June 21, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). With both the U.S. Supreme Court and the EEOC facing possible changes in the year ahead, Janet E. Hill, president of...

Attorney-client privilege first line of defense against corruption.
June 21, 2005... Byline: KC Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication.) An American Bar Association task force report released today warns that government policies eroding the...

Commentary: Projecting hours to nip problems in the bud.
June 21, 2005... Byline: Jim Wirken We are still talking about the area of "billing" as one of the five areas that make up every business in the world. "Billing" is the fourth area. The other four areas are as follows: "Clients" or "customers";...

Commentary: Mixing business with politics is not a new event.
June 21, 2005... Byline: Mike Trask (This article orginally ran in The Daily Record, St. Louis, MO, another Dolan Media publication.) In today's world, it is a simple fact of life that politics permeates our lives. Even if you are lucky enough to...

Missouri Court of Appeals agrees that jury shouldn't have heard joke about dying.
June 22, 2005... Byline: Geri L. Dreiling (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) When a guest who was fixing an air conditioner on a boat joked, "Watch, we're going to sit here and die...

MO Supreme Court upholds rejection of Sprint's request for rate increase.
June 22, 2005... Byline: Emily Umbright (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Maybe Sprint Missouri Inc. thought it could "bank" its annual percentage rate increases for a rainy day...

U.S. Supreme Court says jury strikes violated defendant's rights.
June 22, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) A defendant made a sufficient showing that a state court erred in finding he had not demonstrated an...

Commentary: Financial rules for unmarried couples.
June 22, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) How might unmarried couples handle money? It's a question that comes up often as unmarried partners discuss...

ABA Litigation Section planning to address lawyer dissatisfaction.
June 23, 2005... Byline: Bill Ibelle As the incoming chair of the ABA litigation committee, Brad Brian is determined to reverse the tide of lawyer burnout. To do this, he brought together 70 lawyers, counselors, psychologists and employment specialists...

U.S. Supreme Court justices rule on peremptory challenges.
June 23, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). A party bringing a Batson challenge does not have to prove that it is more likely than not that the...

Supreme Court justices rule on religious rights of inmates.
June 23, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). The Religious Land Use and Institutionalized Persons Act's requirement that prisoners' exercise of their...

Younger lawyers put work-life balance high on priority list.
June 23, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). R. Christopher Gilreath, 33, is a lawyer, just like his father, Sidney W. Gilreath, 68. Well, not...

Commentary: Video and computer evidence: Animation v. Recreation.
June 23, 2005... Byline: R. Denise Henning and Stephen R. Bough The world of demonstrative evidence is an ever-changing field. With the up springing of new technology, no longer are litigators restricted to charts, graphs, and models. The introduction of...

Missouri Supreme Court finds state's local use taxes do not violate the U.S. Commerce Clause.
June 24, 2005... Byline: Donna Walter Missouri's local use tax laws do not violate the Commerce Clause of the U.S. Constitution, the Missouri Supreme Court said Tuesday. The court came to this conclusion by examining the purpose of the law and how the...

8th Circuit Court of Appeals upholds employer's right to make demands of injured workers.
June 24, 2005... Byline: Erin Suess Unwilling to tamper with the Missouri Workers' Compensation Law, the 8th U.S. Circuit Court of Appeals on Tuesday held permissible an employer's right to make its injured union employees use their paid-leave benefits...

9th Circuit says airport screening didn't violate Fourth Amendment.
June 24, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). It was not an infringement of an airline passenger's Fourth Amendment rights for him to be subjected to...

Kansas Supreme Court says sex offender's wife didn't have duty to warn abused minor.
June 24, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). The wife of a sex offender didn't have a duty to warn a minor who was abused by her husband in their...

Commentary: Time for a midyear financial checkup.
June 24, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). You did what you were supposed to do financially at the start of the year. You established or reviewed your...