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

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

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June 1, 2008... Byline: dave buchanan test

K.C. attorney John C. Dods dies.
June 3, 2008... Byline: Aaron Bailey Prominent Kansas City attorney John C. Dods III, a 2004 Legal Leader of the Year, died Monday. He practiced at Shook, Hardy & Bacon for nearly 50 years, specializing in business and commercial litigation. Dods, who...

Missouri attorneys urged to deal with juror biases upfront.
June 3, 2008... Byline: Donna Walter When you're an interstate trucking attorney, you will see your share of high-dollar wrongful death cases. If a case goes to trial, then jury selection becomes crucial to success, and plaintiffs' lawyers would be wise...

Defendant asks St. Louis Circuit Court to vacate long-delayed $1.5 million judgment.
June 3, 2008... Byline: Kelly Wiese A man who found out a $1.5 million judgment had been entered against him and his business years after the case was heard wants the court to throw it out and start over. Russell Vitt asked the St. Louis Circuit Court to...

Wrongful death lawsuit filed in Jackson County over fatal car wash shooting.
June 4, 2008... Byline: Charles Emerick A nighttime stakeout gone awry at a Kansas City car wash three years ago has the owner now facing a wrongful death lawsuit in Jackson County. James Skivers was fatally wounded at the Boulevard Car Wash in June 2005....

Kansas City legal 'giant' John C. Dods III dies.
June 4, 2008... Byline: Aaron Bailey After a half century of working in the Kansas City legal arena, prominent attorney John C. Dods III died Monday. He was 74. Dods had practiced at Shook, Hardy & Bacon since 1958, specializing in business and...

Smoking ban in Kansas City delayed.
June 5, 2008... Byline: Charles Emerick The voter-approved smoking ban in Kansas City is on hold until a Jackson County judge hears more evidence on claims that it is unconstitutional. Judge John O'Malley on Wednesday granted a temporary restraining order...

Missouri prisons see fewer repeat customers.
June 5, 2008... Byline: Kelly Wiese The Missouri Department of Corrections has implemented a more holistic approach to dealing with inmates preparing to return to society, and officials say the numbers prove it's working. The department in 2002 became the...

Heart of America Stand-Down Event in Kansas City: Lawyers, judges prepare to aid homeless veterans.
June 5, 2008... Byline: Aaron Bailey Local attorney Art Fillmore is still amazed when he sees the faces of homeless veterans after they get free legal assistance to help them jump-start rebuilding their lives. The Heart of America Stand-Down Event...

Missouri mover alleges retaliation.
June 6, 2008... Byline: Donna Walter The St. Louis County Sheriff's Office is diverting business from a moving company in retaliation for the owner's help uncovering a bribery scandal that led to the conviction of four deputies, a federal lawsuit alleges....

Jackson County group supports Jeff Harris for attorney general.
June 6, 2008... Byline: Charles Emerick A Jackson County political reform group is putting its support behind Jeff Harris in the race for Missouri's highest ranking attorney. Members of the Committee for County Progress, a Democratic organization, voted...

Suit expected over delays in citizenship.
June 6, 2008... Byline: Kelly Wiese About three-dozen Muslim immigrants plan to file suit today in federal court alleging the U.S. government has illegally delayed their applications to become citizens. Similar lawsuits have been popping up around the...

Kansas City Legal Briefs: June 6, 2008.
June 6, 2008... Byline: Aaron Bailey Novastar fraud lawsuit meets early demise Despite an amended complaint of more than 100 pages, a class action securities fraud lawsuit against Novastar Financial has been dismissed for failing to meet pleading...

Commentary: Make the best of an unfavorable trend.
June 6, 2008... Byline: Christine Ann Hughes Last month, a Kansas City law firm laid off over a hundred employees nationwide. It appeared that support staff received the brunt, with one local paper reporting 41 secretaries were included in the layoff and...

Continuing legal education crunch time descends.
June 9, 2008... Byline: Aaron Bailey OK, so everyone waits until the last minute -- even lawyers. As the deadline looms for attorneys to meet their continuing legal education requirements, seminars around the city are filling up. It's no secret that CLE...

Collision results in $5 million settlement in Missouri.
June 9, 2008... Byline: Donna Walter A national transportation company agreed to pay $5 million to settle a wrongful death lawsuit. Matt Engen, driving a 2007 Volvo tractor-trailer for W.W. Transport on U.S. Highway 36 in Macon County, failed to notice...

Kansas City Courthouse Roundup: June 9, 2008.
June 9, 2008... Byline: Charles Emerick The attorney that Mayor Mark Funkhouser's wife allegedly referred to as that Hispanic chick was also the subject of another -- albeit much smaller -- mayoral debacle last year. The alleged remark by Gloria Squitiro...

Commentary: Obama has a chance, if the country lets him.
June 9, 2008... Byline: Craig Napier I am excited and scared. While I try not to make this a column about politics, with Sen. Barack Obama securing the Democratic nomination to be President of the United State of America last week, politics has been...

Commentary: Standing up for traditional marriage.
June 10, 2008... Byline: Matt Blunt Missourians made their voices heard in 2004 by defining marriage as between one man and one woman in our state's constitution. I believe, as do the majority of Missourians, that marriage is between one man and one woman...

Lawyer's scuffle at Kansas court lands in K.C.
June 10, 2008... Byline: Aaron Bailey A local attorney faces up to eight years in prison for allegedly refusing to comply with security procedures at the federal courthouse in Kansas City, Kan. In the case now being heard in Kansas City, Mo., Carlos Dupree...

A pair of shoes-with matching suit: Former employee sues Stein Mart in Jackson County Circuit Court.
June 10, 2008... Byline: Charles Emerick Susan Bell is about to close a significant chapter in a lengthy dispute than began over a pair of $35 shoes. About five years ago, Bell was detained, interrogated and fired for allegedly stealing the shoes from her...

U.S. Senate to vote on judicial nominations today.
June 10, 2008... Byline: Donna Walter The U.S. Senate is expected to vote today on the nominations of Missouri Judges Stephen N. Limbaugh Jr. and David Gregory Greg Kays to the federal bench. President George W. Bush nominated Limbaugh to fill a vacancy on...

U.S. Senate approves Limbaugh, Kays for federal courts in Missouri.
June 11, 2008... Byline: Donna Walter When newly appointed federal judge Stephen N. Limbaugh Jr. joins the bench, his father will have to leave the court for good. A federal law prohibits relatives from serving on the same court. Neither of us were aware...

Missouri Supreme Court sets precedent for inverse takings.
June 11, 2008... Byline: Aaron Bailey The state's high court has opened the door for damage recovery from an undue delay between a blight designation and condemnation. The Missouri Supreme Court on Tuesday reversed a summary judgment in favor of Gladstone...

Student's sentence for bomb comment reversed by Missouri Court of Appeals Western District.
June 11, 2008... Byline: Charles Emerick An appellate panel on Tuesday determined there was not enough evidence to prosecute a Nodaway County teenager who made a remark about blowing up his school. The unanimous ruling from the Missouri Court of Appeals...

Cities can be sued over police actions, rules Missouri Supreme Court.
June 11, 2008... Byline: Kelly Wiese While individual police officers are immune from being sued for their conduct during a police chase, their government employer can still be held liable, the Missouri Supreme Court ruled Tuesday. The Supreme Court...

Hunters can't blame landowners, Missouri Supreme Court says.
June 11, 2008... Byline: Allison Retka When Missouri landowners give people free access to their land, they are immune to any suits filed over injuries or deaths on the property, the state Supreme Court decided Tuesday. For Hermann farmers Carlton and...

Limbaugh nod sets Missouri Supreme Court up for a vacancy.
June 12, 2008... Byline: Donna Walter Despite new rules designed to open up the selection process, groups critical of Missouri's nonpartisan court plan are gearing up for a fight over who will succeed Judge Stephen N. Limbaugh Jr. on the state Supreme...

Missouri Supreme Court: Class decertified in quarry suit.
June 12, 2008... Byline: Angela Riley Homeowners who live near the Fred Weber quarry in O'Fallon do not qualify as a class in a lawsuit against the quarry, the Missouri Supreme Court ruled Tuesday. In a unanimous ruling, the Missouri Supreme Court reversed...

Pit bull bite suit nets $7.55 million award in Jackson County Circuit Court.
June 12, 2008... Byline: Aaron Bailey A Jackson County judge awarded $7.25 million to a man who was viciously mauled by several pit bulls in 2006, finding the owners of the rental property where the dogs were kept were liable. Associate Circuit Judge...

Howard verdict stands; Kansas City likely to appeal.
June 12, 2008... Byline: Charles Emerick A trial court judge on Wednesday upheld a verdict for Melissa Howard on her claims of race discrimination during the municipal court judicial selection process. Judge Gerald McBeth denied post-trial requests,...

Panel announced for vacant Clay County judgeship.
June 12, 2008... Byline: The (Kansas City) Daily Record A panel of three nominees was selected on Wednesday to fill the position being vacated by retiring Clay County Circuit Judge Michael Maloney. The 7th Circuit Judicial Commission nominated Shane...

Eastern District of Missouri lawsuit leads to review of lead standard.
June 13, 2008... Byline: Kelly Wiese Leslie and Jack Warden sued the Environmental Protection Agency four years ago to get the federal government to consider tougher standards for lead in the air. The fruits of that lawsuit were playing out in a modest...

Shareholder sues Anheuser-Busch over takeover offer.
June 13, 2008... Byline: Donna Walter Anheuser-Busch Cos. was sued Thursday by a shareholder who claims the directors are breaching their fiduciary duty by considering InBev's takeover offer. It's the second suit over the possible deal and a third one may...

Missouri Legal Briefs: June 13, 2008.
June 13, 2008... Byline: Aaron Bailey Apparently, when you're an Islamic expert hired by the U.S. Army to counsel military leaders on culture, saying you want to fight for Iran doesn't make a good first impression. A Virginia woman filed a defamation...

The nuclear option: Nuclear plant proposal may 'keep a lot of lawyers busy'.
June 16, 2008... Byline: Donna Walter Groups opposed to nuclear power are keeping a close eye on AmerenUE's preliminary plans to build a second nuclear power plant at Callaway County. The Missouri-based utility expects to file a combined construction and...

Missouri Supreme Court decision chides state board for protecting its own.
June 16, 2008... Byline: Scott Lauck The Missouri Supreme Court last week took a professional licensing board to task for putting the financial interests of those it licenses above the interests of the public. The case pitted a Kansas City-area engineer...

Kansas City Courthouse Roundup: June 16, 2008.
June 16, 2008... Byline: Charles Emerick After deliberating for a number of hours over two days, a Jackson County jury decided it was hung and unable to reach a verdict. Nonetheless, a woman was still able to secure a $250,000 settlement in her trip and...

Commentary: The law does not stop for childbirth.
June 16, 2008... Byline: Craig Napier My daughter arrived exactly one day early this week. A delicate flower at 10 pounds, 7 ounces, and 22 inches. A seemingly full head of dark hair and her mother's beautiful blue eyes. And during the marathon of labor, I...

Lawyer takes shot at filmmaking: Film will mark anniversary of Kansas City Union Station shootings.
June 17, 2008... Byline: Charles Emerick Terence O'Malley has an artistic side that one might not associate with an insurance defense litigator. By day, O'Malley works as an in-house lawyer for Forrest T. Jones & Co., a job he's held for three years. But...

Med mal case in St. Louis County Circuit Court challenges doc's privacy.
June 17, 2008... Byline: Kelly Wiese A state appeals court has been asked to decide just how far privacy reaches with medical information. A medical malpractice lawsuit is pending in St. Louis County Circuit Court, where a man alleges his doctor botched a...

Happy feet: Kansas City firm helps pair shoes with needy children.
June 17, 2008... Byline: Angela Riley The law firm Boggs, Avellino, Lach & Boggs first became associated with shoes a few years ago when Beth Boggs, the firm's managing partner and her husband, Darin, were out shopping. We were at Shoe Carnival in 2005,...

Missouri Court of Appeals Western District OKs $9.2 M bad faith verdict.
June 18, 2008... Byline: Charles Emerick A $9.2 million verdict against Shelter General Insurance Co. for bad faith will stand, an appellate court ruled on Tuesday. The Missouri Court of Appeals Western District rejected numerous arguments by the insurer,...

Missouri appellate court continues to shoot down retroactive sex-offender records.
June 18, 2008... Byline: Aaron Bailey An appellate court ruling Tuesday further establishes that law enforcement officials can't disseminate, or even retain, records and photos obtained in unlawful sex offender registrations. Tuesday's ruling piggybacks...

State line between Kansas and Missouri stalls subpoena.
June 19, 2008... Byline: Charles Emerick They're nowhere close to trial. But twice this week, attorneys for Smithfield Foods, the country's largest pork producer, and the northwest Missouri families suing the company over its alleged stench have appeared...

Lawyer gets fees for two appeals, rules Missouri Court of Appeals Eastern District.
June 19, 2008... Byline: Donna Walter Court-appointed lawyers working on appeals in parental termination cases have the right to get paid for the work they do at each stage of the appeal, according to an appeals court ruling this week. The decision means...

Unclaimed property available in millions in Missouri.
June 19, 2008... Byline: Angela Riley With food and gas prices rising, many are looking for ways to stretch their dollars or earn extra cash. But according to the State Treasurer's Office, one in 10 Missourians won't have to go far to find extra money....

Shlaes: 6th Circuit case returns to the gold standard.
June 19, 2008... Byline: Amity Shlaes American leaders tell themselves that citizens aren't interested in the nuances of the dollar's value. The yuan exchange rate? That is something Treasury Secretary Henry Paulson deals with at summits like the one this...

Political ad draws suit in race for governor.
June 20, 2008... Byline: Charles Emerick An independent political group headed by a Kansas City attorney is under fire for a television ad attacking gubernatorial candidate Sarah Steelman. A lawsuit filed in Independence on Wednesday alleged Americans for...

Missouri administrative judge says occupational diseases might not be in law.
June 20, 2008... Byline: Scott Lauck A Missouri administrative judge has cast doubt on a long-standing principle of workers' compensation law -- that occupational diseases are covered. John Hickey, one of the three members of the Labor and Industrial...

Missouri Legal Briefs: June 20, 2008.
June 20, 2008... Byline: Aaron Bailey Three men on Missouri's death row this week were allowed to join a federal lawsuit challenging the medical qualifications of their would-be executioners. Also this week, attorneys for the inmates renewed their request...

Missouri's public defender caseload reductions to begin.
June 23, 2008... Byline: Donna Walter The Missouri State Public Defender System is prepared to reduce caseloads at the end of summer. The defender offices in Ava and Cole County will be the first to cut caseloads, according to Peter Sterling, general...

Missouri Legal Briefs: June 23, 2008.
June 23, 2008... Byline: Charles Emerick Jackson County Circuit Judge John O'Malley said the power to nullify a public vote is like fine china -- it's something that should only be used occasionally. And Friday was not one of those days, the judge...

Immigration Law Project at Legal Services of Eastern Missouri: Helping immigrants find their way.
June 23, 2008... Byline: Angela Riley The staff of the Immigration Law Project at the Legal Services of Eastern Missouri would all agree that their work with immigrants is very satisfying. I've practiced law for a very long time, and I've found immigration...

Solicitations not offers of credit, 8th U.S. Circuit Court of Appeals decides.
June 23, 2008... Byline: Donna Walter A federal appeals court put an end to lawsuits claiming companies violate the Fair Credit Reporting Act by sending direct mail solicitations for loans. The 8th U.S. Circuit Court of Appeals affirmed the decisions of...

Commentary: Now I know what multitasking is.
June 23, 2008... Byline: Craig Napier It's a beautiful day in the neighborhood, a beautiful day in the neighborhood... All right, with the new baby at home and a multitude of balls in the air, I think I now know what multitasking entails. I thought I did...

Missouri law firm Husch Blackwell to add Chicago IP firm.
June 24, 2008... Byline: Heather Cole Husch Blackwell Sanders is planning to add a Chicago firm that would double its intellectual property practice group and bring revenue to about $300 million. A merger with Welsh & Katz is expected to be completed in...

Johnson County, Kansas, faces merit system change.
June 24, 2008... Byline: Scott Lauck Missouri isn't the only state facing challenges to its system of selecting judges by merit. Several retired Kansas judges and legal officials held a press conference Monday to decry a proposal to move Johnson County,...

Kansas City appeals $2.1 million award.
June 24, 2008... Byline: Charles Emerick Kansas City is turning to an appellate court to wipe clean a debt owed to a local attorney. And it's an appeal that is expected shake things up at a local court. In a notice filed last week, an attorney for Kansas...

8th Circuit wrong to change sentence, U.S. Supreme Court says.
June 24, 2008... Byline: Donna Walter The U.S. Supreme Court handed down a win for prosecutors and defense counsel alike Monday when it said a federal appeals court may not order a defendant's sentence increased without either an appeal or a cross appeal...

Correction.(Correction notice)
June 24, 2008... Byline: The (Kansas City) Daily Record In the June 23 issue, the article Helping immigrants find their way misstated the income level at which Legal Services of Eastern Missouri will offer representation. The threshold is 125 percent of the...

Doctor groups fail to overturn Missouri's midwifery law.
June 24, 2008... Byline: Angela Riley The Missouri Supreme Court ruled that physician associations have no standing to challenge the constitutional validity of a law allowing the practice of midwifery in Missouri. In a 5-2 decision, the Missouri Supreme...

Missouri Supreme Court grants inmate DNA test after 23 years behind bars.
June 25, 2008... Byline: Charles Emerick Huntley Ruff claims he's served more than two decades behind bars for a rape he didn't commit. But now with some help from Ellen Suni, dean of the University of Missouri-Kansas City School of Law, Ruff finally has a...

Funeral insurance providers in two Missouri lawsuits.
June 25, 2008... Byline: Aaron Bailey Two recent Missouri lawsuits are targeting sellers and handlers of pre-need funeral plans, claiming various businesses have defrauded funeral homes across the country. Last week, a Cape Girardeau law firm filed a class...

Missouri lawyers urged to target Plan foe in election bid.
June 25, 2008... Byline: Kelly Wiese A leader in a St. Louis law firm wants to keep Rep. Jim Lembke from reaching the Missouri Senate. Paul Passanante said he will send a letter this week to about 2,400 lawyers, announcing he has created a campaign...

St. Louis to use retired judges to speed action on cases.
June 25, 2008... Byline: Kelly Wiese St. Louis Circuit Court has made several changes this year to get older criminal cases moving more efficiently. Now the court is taking another step, turning to retired judges to help with the caseload. Presiding Judge...

Commentary: Elder law is a minefield of ethical dilemmas.
June 25, 2008... Byline: Kimberly E. O'Leary After eight years of elder law practice, I can say with great confidence that I encounter on a regular basis ethics questions that would have curled my hair in my previous jobs. In elder law, ethical dilemmas...

Death for child rape struck down by U.S. Supreme Court.
June 26, 2008... Byline: Kelly Wiese A closely divided U.S. Supreme Court struck down the death penalty for child rape Wednesday, striking a blow to Missouri and other states who had asked the court to let the law stand and allow a national debate on the...

Missouri Supreme Court decisions narrow credibility attacks.
June 26, 2008... Byline: Aaron Bailey If you're a criminal defense attorney, it just got a little harder to impeach an alleged victim. The Missouri Supreme Court this week narrowed the admissibility of prior false allegations from an alleged victim that...

Personal gun rights defined: Missouri leaders praise landmark Second Amendment decision.
June 27, 2008... Byline: Donna Walter Gov. Matt Blunt hailed the U.S. Supreme Court's ruling on individual gun rights during comments at a bill signing Thursday morning in Excelsior Springs. I think it's a very good decision that clarifies and confirms...

Missouri Supreme Court's Schoemehl ruling is fixed; Now what happens?
June 27, 2008... Byline: Scott Lauck It only took a year and a half and two legislative sessions to accomplish, but a controversial Missouri Supreme Court ruling is now history. Gov. Matt Blunt on Thursday signed a bill that abrogates the court's ruling in...

Kansas City Legal Briefs: June 27, 2008.
June 27, 2008... Byline: Aaron Bailey June has been a month of legal ups and downs for the Kansas City-based subprime mortgage loan handler, NovaStar Financial. This week, a stockholder filed a derivative suit against NovaStar and several of its executives...

July 30 execution date set by Missouri Supreme Court.
June 30, 2008... Byline: Kelly Wiese John Middleton could soon become the first person in nearly three years to be executed in Missouri. The Missouri Supreme Court set an execution date of July 30 for Middleton. He was convicted of two counts of...

Flooding delays hundreds of foreclosures in Missouri.
June 30, 2008... Byline: Angela Riley The flooding of northeast Missouri and parts of St. Charles County has had a surprising effect on foreclosures: they've decreased. Since the flooding, FEMA has begun declaring parts of Missouri disaster areas. Missouri...

Kansas City Courthouse Roundup: June 30, 2008.
June 30, 2008... Byline: Charles Emerick A Kansas City hospital must pay $1.9 million for breaching a contract with an investment healthcare company. U.S. Neurosurgical received the award for nearly four years of missed reimbursements from Research Medical...

Missouri's Appellate Judicial Commission to meet Aug. 21 on Limbaugh successor.
June 30, 2008... Byline: The Daily Record Staff The state's Appellate Judicial Commission is seeking candidates to replace Missouri Supreme Court Judge Stephen N. Limbaugh Jr., following his appointment to the federal bench. Limbaugh, a 16-year member of...

Former Lathrop & Gage CEO back in the saddle at Kansas City boutique litigation firm.
June 30, 2008... Byline: Aaron Bailey Tom Stewart, the long-time CEO of Lathrop & Gage who departed the firm under sudden circumstances last year, is re-entering the Kansas City legal scene. Stewart will join the boutique litigation firm Baker Sterchi...

Commentary: Ruling may be wrong, but the system works.
June 30, 2008... Byline: Craig Napier All right, so I was clearly wrong about the Second Amendment. I guess I shouldn't say wrong. I mean it could have gone either way. I should just say I was at odds with Justice Kennedy's opinion on the matter, and his...