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

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

U.S. Treasury Secretary to speak at American Bar Assn. tax section meeting.
May 2, 2005... Byline: KC Daily Record Staff U. S. Treasury Secretary John W. Snow will address the nation's tax lawyers when he speaks at the American Bar Association Section of Taxation May Meeting on Friday, May 20, in Washington, D.C. More than 2,000...

St. Louis woman settles breach of contract case against disbarred attorney.
May 2, 2005... Byline: Amanda C. Tinnin A St. Louis woman has settled her case against a disbarred attorney who she claimed breached his contract after he handled her estate sale. The former attorney said it was cases just like this that made him give up...

1789 federal pirate law revived by Paraguay family's tragedy.
May 2, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) More than 200 years ago, the United States of America passed the Alien Tort Claims Act as a way to protect...

Minneapolis-based Dolan Media acquires print, electronic Arizona News Service.
May 2, 2005... Byline: KC Daily Record Staff Dolan Media Company has acquired Arizona News Service, a multimedia electronic and print publisher specializing in coverage of Arizona state government. The sellers were Ned and Diana Creighton, who are...

Commentary: KCMBA Bar Leadership Academy meets the Missouri Bar Lotus Project.
May 2, 2005... Byline: Erika Wirken One of the things that I often stress in my articles is involvement in the community and bar association activities. Through the Kansas City Metropolitan Bar Association Bar Leadership Academy I have had the...

Commentary: Newspapers are still relevant.
May 2, 2005... Byline: Mark Cheshire (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) The top editor at the world's top newspaper swung by Baltimore this week to discuss whether or not the press...

Western District Court of Appeals rules use of credit card implies acceptance of agreement.
May 3, 2005... Byline: Denise G. Callahan The Western District Court of Appeals issued an edict in a breach of contract claim that has one attorney sort of scratching his head. In the case Citibank v. Jennifer S. Wilson the appellate court dismissed...

7th U.S. Circuit Court of Appeals rules terminated employee is allowed to pursue bias claims.
May 3, 2005... Byline: Emily Umbright A terminated employee should have the opportunity to present his race and age discriminations claims before a jury, the 7th U.S. Circuit Court of Appeals has held. In a reversal to an Illinois district court, the...

President of American Bar Assn. urges politicians to refrain from intimidating judges.
May 3, 2005... Byline: KC Daily Record Staff American Bar Association President Robert J. Grey Jr. denounced as "politically motivated" attacks against judges stemming from recent high profile cases, saying that they highlight the lack of civility in...

Commentary: Monthly productivity reports will help with firm management.
May 3, 2005... Byline: Jim Wirken We are still talking about tips in the area of "billing." Billing is the fourth area of the five areas that make up every business in the world. The other four areas are as follows: "Clients" or "Customers";...

Commentary: Getting criminal jury verdicts right through confrontation.
May 3, 2005... Byline: Byron L. Warnken Kirk Bloodsworth sat on death row for the rape and murder of a 9-year-old. In 1993, he became the nation's first death row inmate exonerated by DNA - the same DNA that enabled the prosecutor to convict the real...

MO Court of Appeals sanctions local rules allowing cash bonds to pay fees and costs.
May 4, 2005... Byline: Denise G. Callahan It seems the law in Missouri now is certain. Criminal cash bonds can be used to pay court costs and fees, not just assure the defendant shows up for his day in court. Two attorneys decided to challenge what...

FCC's take on fax regulations may harm real estate industry.
May 4, 2005... Byline: Richard Slawsky Hook a fax machine to your telephone line and it will only be a matter of time before you win a free Caribbean cruise. If not a cruise, then maybe your prize is a trip to Disney World for $99 per day. How about...

Did officer's comment to defendant constitute interrogation?
May 4, 2005... Byline: Lawyers Weekly USA Staff (This article orignally ran in Lawyers Weekly USA, another Dolan Media publication). Does an officer's comment to a defendant about talking to the police after he invoked his right to counsel constitute...

Commentary: The Jury is In.
May 4, 2005... Byline: Christine Ann Hughes Ross T. Roberts Inns of Court provides young attorneys an opportunity to practice their trial practice skills in front of an active judge and in the presence of a jury. The Kansas City Legal Secretaries...

COA rules residency restrictions for sex offenders are constitutional.
May 5, 2005... Byline: Emily Umbright Residency restrictions placed upon convicted sex offenders are constitutional, a divided panel on the 8th U.S. Circuit Court of Appeals said last week in reaching a consensus with a number of courts who have reviewed...

Study explains telecommunications deregulation.
May 5, 2005... Byline: Janice Francis-Smith (This article originally ran in The Journal Record, Oklahoma City, OK, another Dolan Media publication). "Deregulation does not simply mean no regulation," according to a study published by the National...

Commentary: E-mail communications and disclaimers for attorneys.
May 5, 2005... Byline: Sara Rittman An attorney should consult with a client before communicating with the client by unencrypted e-mail. It is not necessary to obtain express consent but it is necessary to consult with the client about the risks of...

Jury finds slip and fall not caused by grocer's negligence.
May 5, 2005... Byline: Charles Emerick A slip and fall claim against a Lee's Summit grocer didn't stand up in a Jackson County courtroom. The plaintiff in Gary Price v. Valle Vista claimed a 12-inch diameter area of the store's floor was covered with...

Hospital fall leads to $400,000 verdict.
May 5, 2005... Byline: Charles Emerick The wife of a Research Medical Center patient who died as a result of a fall received roughly half of what she demanded when the jury found in her favor. In Loretta Barnes v. John Moore, M.D., Barnes sued after...

It's not just the economy, stupid: Employment trends, legislation main factors affecting legal hiring.
May 5, 2005... Byline: Anthony F. Shop The market for lawyers seems to be looking up. But to say it is on account of the economy may be too simple an explanation. According to local law firms and employment agencies, other factors have contributed...

Law firms must use caution when marketing their talents.
May 6, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication). The legal community has changed its attitude towards self promotion, and while advertising is more...

Background checks on job applicants not focusing on low-level staff.
May 6, 2005... Byline: Rob Larimer (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Employees' skeletons in the closet may be easier to spot these days, but some employers are...

Smaller companies at risk for theft by fraud.
May 6, 2005... Byline: Jeremy Harrell (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publication). Sometimes the biggest financial danger to a company comes from within. While companies like Enron and...

Commentary: An appellate court insider's tips on oral arguments.
May 6, 2005... Byline: Amany Ragab Hacking As a law clerk, I have had the opportunity to watch numerous oral arguments and witnessed many faux paus made by both newer and more seasoned lawyers. Similarly, in private practice, I have seen attorneys engage...

Commentary: Want your PC to last? Keep it clean!
May 6, 2005... Byline: Doug Washington The word today in business is "do more with less!" That usually means making your equipment, including your PC last longer. Cleaning your PC may not be the most interesting or challenging way to pass the time, but...

Kansas City Attorneys in the News: May 6, 2005.
May 6, 2005... Byline: KC Daily Record Staff Erlene Krigel of Krigel & Krigel, Byron Beck of Stinson Morrison Hecker and the law firm of Monsees Miller Mayer Presley & Amick were recipients of the 2005 Robert C. Welch Volunteer Attorney Project Award...

Jackson County begins second phase of courthouse upgrades.
May 9, 2005... Byline: KC Daily Record Staff The second phase of a major historic preservation project will give the Jackson County Courthouse a new look. Crews began last week cutting down trees around the courthouse in preparation for a number of...

Many small business owners digging deep to insure employees.
May 9, 2005... Byline: Marylou Doehrman (This article first appeared in the Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication.) Jay Palace's health insurance premiums account for nearly a fifth of his total...

Commentary: Trading Cards.
May 9, 2005... Byline: Chris Wirken I collected baseball cards as a kid and now that those days have passed, I find myself collecting business cards. Although they really aren't valued like a Mark McGwire rookie card, the right business card may be...

Commentary: Legal ADvice - Recovery of profits attributable to copyright infringement.
May 9, 2005... Byline: Jim Astrachan (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) A prevailing copyright plaintiff has the right to obtain its damages and the defendant's profits "that are...

District court finds Internet Website does not establish personal jurisdiction over defendant.
May 9, 2005... Byline: Helen Nguyen (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication.) Because of the Internet, courts are being confronted with the issue of whether they have personal jurisdiction over...

Kansas City legal program brings attorneys/judges into classroom to help avoid credit dilemmas.
May 10, 2005... Byline: Anthony F. Shop With bankruptcy rates on the rise, the Kansas City legal community has decided to raise the bar. A new program brings local attorneys and judges into the classroom to help students avoid preventable credit...

Illinois appellate court rules lawsuit can proceed to arbitration despite prohibition on class.
May 10, 2005... Byline: Emily Umbright (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Yet another class of plaintiffs challenging a cell phone company's early termination fee will go to...

CB Richard Ellis launches national branding campaign.
May 10, 2005... Byline: Dawn Wotapka Hardesty (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication.) Thanks to those prominent signs fronting its vast real estate portfolio, many people know...

Commentary: The many benefits of knowing how much you work.
May 10, 2005... Byline: Jim Wirken The fourth area of the five areas that make up every business in the world is "billing." The other four areas are as follows: "Clients" or "customers"; "Administration"; "Getting the work done"; and "Collecting." ...

Commentary: It's a Gimme - Add to your arsenal for par-five shots.
May 10, 2005... Byline: Joe Rahnis (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) How would you like to add another fairway wood to your bag, without having to count an extra club? Better yet, how...

Research shows that calling damages experts has huge impact on decreasing verdict.
May 11, 2005... Byline: Bill Ibelle (This article first appeared in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Many defense lawyers fear that by calling their own damages experts at trial, they appear to be conceding liability....

Rising nursing home violence spurs lawsuit increase.
May 11, 2005... Byline: Nora Lockwood Tooher (This article first appeared in Lawyers Weekly USA, Boston, MA, another Dolan Media publication. ) The Evansville, Ind. nursing home official told Barbara Becker that her mother-in-law had fallen and...

U.S. Supreme Court to review whether Social Security payments can offset student loans.
May 11, 2005... Byline: Lawyers Weekly USA Staff Can the government offset a portion of a debtor's Social Security benefits against his outstanding student loans? The U.S. Supreme Court has agreed to answer this question. The court will review a...

Heroic firefighters among Kansas City employees chosen for annual awards.
May 11, 2005... Byline: KC Daily Record Staff Stephen Johnson and the group of firefighters that rescued wounded MAST paramedic Mary Seymour in February 2004 were among a group of city employees honored Thursday at the 12th Annual Public Employees...

Commentary: Planning Ahead - Measure the value of your nest egg.
May 11, 2005... Byline: Dena Frenkel (This article first appeared in The Daily Record, Baltimore, MD, another Dolan Media publication.) You may have a specific vision of your retirement - traveling the world, downsizing to a beachfront cottage or...

Hundreds attend LAWMO's Justice for All Luncheon to hear advocate, author Sister Helen Prejean.
May 12, 2005... Byline: Charles Emerick During a span of nearly four hours, Sister Helen Prejean autographed books, posed for dozens of pictures and spoke before a crowd of hundreds. It was her sixth speaking engagement in nine days. And after one...

Eastern District COA rejects Lemon Law in favor of UCC in warranty case.
May 12, 2005... Byline: Erin Suess A car dealer won't be able to turn a lemon into lemonade using the Missouri Lemon Law, as the Missouri Court of Appeals, Eastern District, rejected the Lemon Law in favor of the Uniform Commercial Code in a dispute over...

Wall Street firm hit with $29 million discrimination award.
May 12, 2005... Byline: Natalie White (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). A federal jury recently awarded $29 million in damages - more than two-thirds in punitives - in a gender...

Commentary: Finance - Linking security with philanthropy.
May 12, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Americans love to give, whether driven by the desire to support worthwhile causes, to share good fortune or by...

Western District Court of Appeals rules failure to include trust authorization not malpractice.
May 13, 2005... Byline: Denise G. Callahan After one of the most protracted probate proceedings present, the Western District decided the now deceased attorney in charge of the estate wasn't negligent. In the case styled Donald J. Thiel, et al v....

2005 Realtor Technology Efficiency Survey finds Internet essential to real estate transactions.
May 13, 2005... Byline: Kennedy Smith (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) A new survey by the National Association of Realtors has identified key areas where Realtors believe...

U.S. House passes Bachus-Hooley FDIC reform bill.
May 13, 2005... Byline: Kennedy Smith (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) The U.S. House of Representatives overwhelmingly passed H.R. 1185, the Bachus-Hooley Federal Deposit...

Commentary: How to select an expert - three issues to consider.
May 13, 2005... Byline: John Sims (This article originally ran in the Virginia Lawyers Weekly, Richmond, VA, another Dolan Media publication.) When selecting an expert as part of your case development process, the main thing you should consider, the...

Commentary: Welcome to Grouchland.
May 13, 2005... Byline: David Kight My daughter's favorite movie is a Sesame Street movie titled "Elmo in Grouchland." When Elmo arrives in Grouchland to search for his lost blanket, he is serenaded by grouches singing "Welcome to Grouchland." That song...

For boutique law firms, expertise and efficiency beget success.
May 16, 2005... Byline: Anthony F. Shop Most law school graduates don't expect to put their degrees to work just anyplace. And some might be reluctant to join a firm with the curious label "boutique." But finding an unmet need in the legal community...

MO Court of Appeals rules sheriffs may question concealed-gun applicants.
May 16, 2005... Byline: Donna Walter The Missouri Constitution's provision that the right to bear arms "shall not be questioned" in no way precludes a county sheriff from questioning applicants for concealed-gun permits about their past, the Missouri...

American Bar Assn. urges Congress to reject mandatory minimums in House gang bill.
May 16, 2005... Byline: KC Daily Record Staff The American Bar Association has called on Congress to reject the mandatory minimum sentences included in H.R. 1279, the "Gang Deterrence and Community Protection Act of 2005." In a letter to members of the...

Commentary: Web Sightings - Pharming scams try to out-swindle phishing.
May 16, 2005... Byline: Larry Fiorino (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Lately, "phishing" scams on the Web seem to be getting a good amount of attention from the Internet community and...

Commentary: Educated Investor - Play like Earl: Don't fight the odds.
May 16, 2005... Byline: David Clogg (This article originally appeared in The Daily Record, Baltimore, MD, another Dolan Media publication.) Thus far in 2005, the stock market has had little to be excited about. Oh sure, if you own energy and utility...

Illinois appellate court rules lawsuit can proceed to arbitration despite prohibition on class.
May 17, 2005... Byline: Emily Umbright (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) The 7th U.S. Circuit Court of Appeals ordered 14 airplanes leased by United Airlines repossessed,...

IRS cracking down on shady tax shelters.
May 17, 2005... Byline: Amanda C. Tinnin More than $6 billion has been protected by tax shelters and the Internal Revenue Service is coming after it. "They told us they were going to increase the focus and that has in fact occurred," said attorney...

Manufacturing coalition leader warns economic bubble primed to burst.
May 17, 2005... Byline: Marylou Doehrman (This article originally ran in the Colorado Springs Business Journal, Colorado Springs, Colorado, another Dolan Media publication.) At a meeting of the Colorado Springs Manufacturing Task force, Jim Schollaert...

Commentary: How balance sheets can help you manage your firm.
May 17, 2005... Byline: Jim Wirken This week we are going to continue talking about the fourth area that makes up every business in the world, "billing." You will remember that the other four areas are: "Clients" or "customers"; "Administration";...

Commentary: Planning Ahead - Taking savings beyond coupons.
May 17, 2005... Byline: Dena Frenkel (This article originally ran in the Daily Record, Baltimore, Maryland, another Dolan Media publication). People who grew up in the Depression era typically know how to save money because, at one time, they had no...

Insurer headed back to court over claims file dispute.
May 19, 2005... Byline: Denise G. Callahan After three visits to the Missouri appellate court division, punitive damages are almost a guaranteed result in what started as a minor traffic accident case involving an extremely stubborn State Farm Mutual...

Judge Kenneth Romines to fill vacancy on Eastern District Court of Appeals.
May 19, 2005... Byline: St. Louis Daily Record Staff Gov. Matt Blunt on Monday appointed St. Louis County Circuit Judge Kenneth M. Romines to serve as a judge on the 14-member Missouri Court of Appeals, Eastern District. Romines, 62, was appointed...

'Systems thinking' can solve negative effects of offshoring.
May 19, 2005... Byline: Marylou Doehrman (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication). Bob Powell believes the negative effects of offshoring can be mitigated by "systems...

Commentary: Finance - Steps to boosting small biz profits.
May 19, 2005... Byline: Gary Williams (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). When most small business owners plan to increase their profitability, they think mainly of expanding sales and...

MO Court of Appeals, Eastern District asked to clarify ruling on dischargeability of student loan.
May 20, 2005... Byline: Erin Suess (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication. ) No guidance from a mother, a father, a son or the lower court left the Missouri Court of Appeals, Eastern...

Global trade spurs worldwide suits.
May 20, 2005... Byline: Heather Fletcher (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication.) Call it the court of international appeal. The increasingly global nature of business has...

Lawyers sanctioned when client pays fee, not pension, rules 8th U.S. Circuit Court of Appeals.
May 20, 2005... Byline: Geri L. Dreiling (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Although lawyers expect to bill for their legal advice, they don't expect to be sanctioned when they...

Commentary: State, federal appellate cases split on age bias.
May 20, 2005... Byline: Marshall Tanick (This article originally ran in the Minnesota Lawyer, Minneapolis, MN, another Dolan Media publication.) The viability of the Social Security system is not the only legal concern confronting the aging baby...

MO Western District Court of Appeals finds lack of evidence for modification of custody.
May 23, 2005... Byline: Denise G. Callahan What's a judge to do when asked to modify a parenting time pact, due to a change of circumstances, when the parties haven't been following it in the first place? Well, the Western District Court of Appeals says...

Commentary: Now showing at your local court.
May 23, 2005... Byline: Steven V. Tringali If a picture is worth a thousand words, then "moving pictures" could well be worth millions. For many years, demonstrative evidence came in the form of charts/chalks, an occasional slide or overhead projector...

Survey shows amenities on wish-list for office space.
May 23, 2005... Byline: St. Louis Daily Record Staff Given the choice between more space or higher-quality features, new home buyers are overwhelmingly opting for the latter, according to the latest survey data from the National Association of Home...

Home builders urge Congress to enact OSHA reform.
May 23, 2005... Byline: St. Louis Daily Record Staff The nation's home builders called on Congress to reform the regulatory procedures of the Occupational Safety and Health Administration, noting that this would enhance worker safety and improve housing...

Commentary: Court lowers FCC's 'broadcast flag'.
May 23, 2005... Byline: Larry Fiorino A U.S. Court of Appeals in Washington ruled that the Federal Communications Commission did not act within its authority in 2003 when it required manufacturers of computer and video equipment to include copy protection...

Graduates of Kansas City drug court celebrate a clean new beginning.
May 24, 2005... Byline: Charles Emerick It was a day Angela Carroll never thought she would see. She and 14 others, including her husband, Tim, sat before a crowd of friends, family members, lawyers, judges, social workers and others Friday in a...

MO Supreme Court will rule on whistleblower case causation factor.
May 24, 2005... Byline: Donna Walter What should a whistleblower have to prove when suing an employer for wrongful discharge - that the whistleblowing was the exclusive factor or a contributing factor in the employer's firing decision? The Missouri...

National groups battle over tenant-in-common compensation.
May 24, 2005... Byline: Donna Walter Both the National Association of Realtors and the National Association of Securities Dealers are locked in a battle to win the graces of the U.S. Securities and Exchange Commission. The conflict between the two...

Commentary: Increasing your profits comes down to controlling overhead.
May 24, 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";...

Commentary: Don't let myths keep you from saving for college.
May 24, 2005... Byline: Dena Frenkel (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Paying for college education can be a daunting and challenging experience for many American families, especially...

Defendants not entitled to resentencing under 'Booker'.
May 25, 2005... Byline: Lawyers Weekly Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Two defendants were not entitled to resentencing where the judge's erroneous treatment of the sentencing...

8th U.S. Circuit Court reverses ruling in runaway barge accident case.
May 25, 2005... Byline: Emily Umbright The 8th U.S. Circuit Court of Appeals cleared up some remaining wreckage last week left from a group of lawsuits erupting out of the accidental de-mooring of the Admiral Casino struck by a runaway barge. While...

Lawyers leap into 'Blogosphere'.
May 25, 2005... Byline: Nora Loskwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Robert W. Doyle Jr., a partner in Shepherd Mullin's antitrust and trade regulation practice group in...

COA rules trial court did not follow law when making custody judgment.
May 25, 2005... Byline: Denise Callahan Inconsistent custody orders and scant evidence on what's best for the child prompted the Western District Court of Appeals to send a custody conflict back down. In Richard Scott Mahoney v. Vickie Chavee Mahoney...

Canada ruled proper forum for products liability suit by MO Court of Appeals.
May 26, 2005... Byline: Erin Suess A Canadian woman will have to stay home if she wants to sue a Barnhardt company, the Missouri Court of Appeals, Eastern District, said last week. The woman, Tamara Skewes, filed a products liability lawsuit against...