Daily Record (Kansas City, MO) articles from November 2004

Daily Record (Kansas City, MO) archives from November 2004

Supporters rally to defense of MO Supreme Court Judge Richard B. Teitelman.
November 1, 2004... Byline: Donna Walter The efforts of some conservative groups to oust Judge Richard B. Teitelman from the Missouri Supreme Court has drawn responses from The Missouri Bar and lawyers from around the state about the threat to Missouri's...

MO appellate court rules no enforceable agreement was made in contract dispute.
November 1, 2004... Byline: Donna Walter There was no enforceable agreement in a case where both the offer and counteroffer were rejected, said a Missouri appeals court as it reversed a trial court's decision granting a homeowner's motion to enforce a...

Panel named for Missouri Court of Appeals vacancy.
November 1, 2004... Byline: Staff Writer Ronnie L. White, chief justice of the Supreme Court of Missouri and chair of the Appellate Judicial Commission, announced on Thursday that the commission has submitted to Gov. Bob Holden its panel of nominees to fill a...

Commentary: Who's in Control?
November 1, 2004... Byline: Chris Wirken No matter what kind of law you practice, if you plan on giving advice about an ongoing situation you must have control and knowledge of "the facts." Beyond basic information, "the facts" include the conduct and...

Commentary: Raising the Bar - Mock juries are serious business.
November 1, 2004... Byline: Paul Mark Sandler One goal of every advocate in arguing a case should be to learn the decision-making process used by the judge or jury. Gauging the judge is relatively easy. You can read prior opinions, observe the judge in court,...

MO Court of Appeals finds juror failed to reveal pending lawsuit.
November 2, 2004... Byline: Stephanie Mitchum Murphy When a juror did not disclose a pending lawsuit against her during voir dire, the circuit court should have granted a new trial, the Missouri Court of Appeals for the Western District ruled. In Kathy...

Forfeiture of minivan can be challenged in court.
November 2, 2004... Byline: Emily Umbright A mother who traded her minivan to the government after pleading guilty to fraudulent possession of a controlled substance will have a chance to challenge the constitutionality of her forfeiture, a divided panel of...

Felony defendant allowed court reporter.
November 2, 2004... Byline: Erin Suess Further clarifying the rights of the accused in Missouri, a divided panel of the state Supreme Court held that a man accused of a class C felony may pay out of pocket for a certified court reporter to record the...

Commentary: Get it in writing: Using non-verbal communication.
November 2, 2004... Byline: Jim Wirken We are continuing to talk about the various rules we have in our office for helping us to "get the work done." There are five areas that make up every part of every business in the world, and "getting the work done" is...

Commentary: Remembering the presidents of recent history.
November 2, 2004... Byline: Donald Croysdale Successful leaders and managers know that achieving long-term goals works better than putting out fires. In a few days, we have a chance to decide on a person whose leadership and decision-making may impact...

Changes allow alien to appeal deportation order.
November 3, 2004... Byline: Erin Suess In recent years, the immigration laws have changed substantially, and many immigrants are unsure of where they stand under the more stringent changes. Such was the case for an illegal alien who gets another chance to...

St. Louis Council of Construction Consumers learn about Leadership in Energy and Environ. Design.
November 3, 2004... Byline: Mike Nixon The best way to learn is to see an example first hand. That is why teachers take students on field trips. Demonstrating that they are not too old to learn, members of the St. Louis Council of Construction Consumers...

Missouri Atty. General announces settlement with drug maker Organon USA.
November 3, 2004... Byline: Staff Writer Missourians who bought the anti-depressant drug Remeron could soon receive refunds under a nationwide settlement announced Monday by Attorney General Jay Nixon. Nixon and attorneys general from across the nation filed...

Husch & Eppenberger announces staffing changes to St. Louis office.
November 3, 2004... Byline: Staff Writer Husch & Eppenberger has added Thomas J. Keating and Melanie M. Roewe as associates to the firm's intellectual property and technology practice group and land use development and financing practice group, respectively....

Commentary: There's much to be thankful for in life.
November 3, 2004... Byline: Christine Ann Hughes For several months my left shoulder had been bothering me. I self-diagnosed myself as having either a frozen shoulder or an impingement. Since I was already a veteran of surgery to my right shoulder, I...

MO Court of Appeals finds maintenance awarded effective from date of dissolution decree.
November 4, 2004... Byline: Stephanie Mitchum Murphy Maintenance should be awarded effective from the date of the original dissolution decree, the Missouri Court of Appeals for the Western District ruled in a reversed in part, affirmed in part decision. ...

Workers' comp award reversed over lack of jurisdiction.
November 4, 2004... Byline: Donna Walter The state of Missouri does not have jurisdiction to award workers' compensation benefits to a Festus woman who injured her wrist while delivering caskets in Tacoma, Wash., because her employment contract with an...

Deed of release dispute sent to Missouri Supreme Court.
November 4, 2004... Byline: Emily Umbright A case that touches on the constitutionality of two statutes governing the timing and penalties of deeds of release will head to the Missouri Supreme Court, the Missouri Court of Appeals, Eastern District, said on...

Commentary: Spymail may have uses, despite its shady origins.
November 4, 2004... Byline: Rick Edvalson Mike Belshe hates spymail. And you probably do, too - unless you need to send some. As far as I know, spymail technology originated several years ago with spammers who began embedding an invisible bit of html code...

MO Court of Appeals says mother must continue child support payments.
November 5, 2004... Byline: Emily Umbright A mother's attempt to cut off her daughter's child support when her ex-husband died was thwarted by the Missouri Court of Appeals, Southern District, last week, which held she must continue to make payments while her...

All nonpartisan court plan judges retained in Missouri election.
November 5, 2004... Byline: Donna Walter In Tuesday's election, voters across Missouri retained every judge that had been appointed to the bench under the nonpartisan court plan, including Missouri Supreme Court Judge Richard B. Teitelman, who had faced...

Home builders forecast 2005 business.
November 5, 2004... Byline: Mike Nixon Residential construction activity in 2005 is expected to ease but remain strong, said members of the National Association of Home Builders during a Construction Forecast Conference last week. According to NAHB leaders...

Computer users advised to install new XP Service Pack 2 with caution.
November 5, 2004... Byline: Doug Washington According to Ina Fried with CNET News.com, computer users should be careful with Microsoft Windows new update, XP Service Pack 2. "Although Microsoft has recommended consumers turn on Windows' Automatic Update...

How to find the expert that is right for your case.
November 5, 2004... Byline: Jane Pribeck The other side produces 500,000 documents in Japanese. Translation costs alone will be millions. Do you give all the documents to your expert to muddle through them at a cost of several hundred dollars per hour? Sure,...

Court of Appeals affirms workers' compensation award.
November 8, 2004... Byline: Stephanie Mitchum Murphy Missouri law does not require a plaintiff to find which specific chemical caused an occupational disease, the Missouri Court of Appeals for the Western District ruled in a workers' compensation appeal. ...

MO Court of Appeals reinstates sanctions against Medicaid provider.
November 8, 2004... Byline: Emily Umbright An untimely turning in of timekeeping records proved to be a $56,207 mistake for a Butler County Medicaid provider, the Missouri Court of Appeals, Southern District, said as it reversed a circuit court's partial...

BBB of Eastern Missouri weeds out silent local landscaper.
November 8, 2004... Byline: Mike Nixon The Better Business Bureau of Eastern Missouri and Southern Illinois has pruned a landscape construction company from its membership. Dream Scapes contractor, Jeremy Rikard, who lists an unconfirmed address in O'Fallon,...

Commentary: Jumping to conclusions is problematic, especially in court.
November 8, 2004... Byline: Dana McFarland Last Friday I attended the Missouri Association of Criminal Defense Lawyers fall conference at the Embassy Suites Hotel on the Plaza. The speakers were all very informing and educational. One speaker, Dr. Sherrie...

Commentary: Raising the Bar - Mock trials should be taken seriously as teaching tool.
November 8, 2004... Byline: Paul Mark Sandler Mock trials can be fun, but you should tackle them with nearly the same vigor as you do the real thing. For the exercise to be worthwhile, you have to play the part, so to speak: address the jury and witnesses as...

8th Circuit allows amended claim of exemption.
November 9, 2004... Byline: Erin Suess An unexpected windfall in the form of a tax refund cannot be held against a woman who filed for bankruptcy, held a unanimous panel of the U.S. 8th Circuit Court of Appeals on Monday. The debtor, Melissa Lynn Ardrey,...

Legal salaries expected to rise 3.4%.
November 9, 2004... Byline: Emily Umbright Good news for legal professionals around the country: You might get that raise. A recent report released by legal staffing firm Robert Half Legal showed the national average of legal salaries is expected to...

National Notary Assn. offers tips to beat fraud.
November 9, 2004... Byline: Staff Writer In response to a fivefold increase in mortgage fraud over the past three years, the Federal Bureau of Investigation has asked the National Notary Association to inform all FBI mortgage fraud investigators on the role...

Commentary: Tips for producing error-free correspondence.
November 9, 2004... Byline: Jim Wirken This week we are going to continue to talk about the various rules we have in our office for helping us "get the work done." As you know, there are five areas that make up every part of every business in the world, and...

Commentary: Legal ADvice - Tiger Woods sues artist for trademark infringement for selling painting.
November 9, 2004... Byline: Jim Astrachan Aggressive courtroom play landed Tiger Woods and his licensing arm ETW in the rough when they sued the sports artist, Rick Rush. Rush, they claimed, had violated the golfer's right of publicity and infringed his...

U of Missouri at Kansas City honors law school alumni.
November 10, 2004... Byline: Stephanie Mitchum Murphy The University of Missouri at Kansas City School of Law Alumni Association honored four attorneys Thursday night at its annual meeting at Figlio Tower on the Plaza. The Association awarded Nancy Levit...

Lawyers in the legislature initiative made an impact in Missouri.
November 10, 2004... Byline: Donna Walter Lawyers held their own in the Missouri General Assembly during Tuesday's election, losing just one seat in the entire body. "I think our initiative clearly had an impact, a favorable impact, on lawyers running for...

Employment discrimination suits exaggerated.
November 10, 2004... Byline: Staff Writer Media accounts of million-dollar awards in employment discrimination lawsuits have created an exaggerated perception of how often and how much plaintiffs win, according to a recently published American Bar Foundation...

Commentary: Finance - Control irrational investing errors.
November 10, 2004... Byline: Gary Williams As an investor, the odds are that you are your own worst enemy. In recent years an increasing number of researchers, particularly in the field of psychology, have come to believe that investors undermine their...

Award of attorney's fees not supported by record.
November 11, 2004... Byline: Erin Suess Tensions between a trial court judge and the plaintiff's attorneys led to an award of attorney's fees that the 8th U.S. Circuit Court of Appeals could not uphold, finding the record lacked a basis to support such an...

Prevailing wage should not include illegal aliens, apprentices.
November 11, 2004... Byline: Emily Umbright Hours worked by illegal aliens and apprentices should not be included in the calculations of asbestos worker prevailing wages, the Missouri Court of Appeals, Eastern District, ruled on Tuesday. In affirmation of...

Real estate organizations agree to information exchange.
November 11, 2004... Byline: Mike Nixon The National Association of Realtors and the Open Standards Consortium for Real Estate have agreed to establish data standards for the exchange of information about commercial real estate properties for sale or lease...

Commentary: Can everyone become independently wealthy?
November 11, 2004... Byline: David Clogg Ever heard this one before? "If I can't be wealthy, at least let my friends be poor." I guess that is just another way of saying misery loves company, and I might add, a selfish statement at best. But perhaps the...

Change of judge issue sent to Missouri Supreme Court.
November 12, 2004... Byline: Donna Walter The Missouri Supreme Court will weigh the concept of "one judge for one family" against a parent's right to a change of judge in termination of parental rights cases in an appeal transferred Tuesday by the Missouri...

MO Court of Appeals gives divorcee benefit of statute amended in 2001.
November 12, 2004... Byline: Erin Suess The clock has not yet stopped ticking for a woman seeking money from her ex-husband, as the Missouri Court of Appeals, Eastern District, gave her the benefit of an amended statute. The woman, Ann Fleming, and her...

Western District Court of Appeals to convene in Fulton, Missouri.
November 12, 2004... Byline: Staff Writer The Missouri Court of Appeals, Western District will convene court at William Woods University in Fulton, Missouri on Tuesday, November 16, Chief Judge Edwin H. Smith announced. A three-judge panel consisting of...

Contractors experiencing nationwide work force shortage, says construction industry study.
November 12, 2004... Byline: Amy Amour Seventy-five percent of the nation's contractors are experiencing work force shortages in the mechanical contracting and construction fields, according to a Construction Industry Institute study. The U.S. Department...

Credit tricks exposed as season shifts consumer attention.
November 12, 2004... Byline: Mike Nixon The shock of being on the downside of a World Series sweep has only begun to ease for most Cardinals fans. Another general election has left its mark on both voter opinion and historic record. And people just wanting to...

Appeals court blocks unsupervised visitation.
November 15, 2004... Byline: Erin Suess A felon child molester received a setback in his bid to change his child custody with his ex-wife, as the Missouri Court of Appeals, Eastern District, overturned a lower court's decision to alter the custody and...

Vehicles driven in Missouri must be legally registered somewhere.
November 15, 2004... Byline: Emily Umbright Nonresidents of Missouri must register and pay sales tax on vehicles bought in this state, unless it is legally - and timely - registered in another state, the Missouri Supreme Court clarified on Tuesday.The director...

Auctions offer alternative in real estate market.
November 15, 2004... Byline: Mike Nixon Buyers and sellers of real estate have both been introduced to a wealth of alternative packages in recent years when it comes to conducting business with each other. From financing products to marketing methods those...

Federal and state laws should enforce equal access to vote.
November 15, 2004... Byline: Tony Miller Whether or not you were pleased with the results of the election cycle, you are probably glad it is over. This is the first presidential election that I was able to vote as a licensed attorney; therefore, I was...

Commentary: Don't forget the non-expert witnesses.
November 15, 2004... Byline: Paul Mark Sandler In the midst of trial you take quiet pleasure in realizing that opposing counsel has not designated an expert to express an opinion about the value of the unimproved real estate at issue in the case sub judice. As...

Traffic study company found liable for accident.
November 16, 2004... Byline: Stephanie Mitchum Murphy Citing a Kansas Supreme Court case, the Missouri Court of Appeals for the Western District found the company that prepared a traffic impact study was liable to the descendants of a woman killed in a car...

Commentary: Courts cautioned about exemplary damages.
November 16, 2004... Byline: Marshall Tanick Punitive damages are awarded only infrequently. While they often provide a specter hanging over defendants, they are rarely granted to plaintiffs. On the rare occasions when exemplary damages are granted, they...

Commentary: How to ensure an accurate opinion letter.
November 16, 2004... Byline: Jim Wirken We are continuing to talk about the various rules that we have in our office for helping us "get the work done." There are five areas that make up every part of every business in the world, and "getting the work done"...

Commentary: Finance - Make your joint retirement work.
November 16, 2004... Byline: Gary Williams It's bound to happen at some point for working couples. One spouse gets the itch to retire or is forced to retire because of poor health or job loss. Since couples typically like to retire together, tough questions...

Missouri Court of Appeals reverses decision on termination of child support case.
November 17, 2004... Byline: Stephanie Mitchum Murphy The emancipation of a 17-year-old began when she began active military duty, not when she failed to enroll in college five months later, the Missouri Court of Appeals for the Western District ruled in a...

Federal court of appeals gives illegal alien another chance to prove he deserves asylum.
November 17, 2004... Byline: Erin Suess The Board of Immigration Appeals' failure to make findings on an illegal alien's credibility puts his deportation in question, as the 8th U.S. Circuit Court of Appeals sends the case back for further determinations. ...

ABA approves civil discovery amendments.
November 17, 2004... Byline: Barbara L. Jones The American Bar Association has approved civil discovery standards that provide practice tools for litigators. The following excerpt of the Amendments to the Civil Discovery Standards concerns privilege and...

Commentary: Through the eyes of the law.
November 17, 2004... Byline: Bob Barton "The life of the law has not been logic; it has been experience. The felt necessities of the time, the prevalent moral and political theories, intuitions of public policy, avowed or unconscious, even the prejudices...

Missouri lacked jurisdiction in dispute over custody.
November 18, 2004... Byline: Emily Umbright Even though a father seeking custody of his son has a significant connection with the state of Missouri, determining child custody in this state would not be in the son's best interest, ruled the Missouri Court of...

ABA looks at lawyers' use of technology.
November 18, 2004... Byline: Barbara L. Jones The American Bar Association (ABA) Legal Technology Resource Center has released the results of its most recent survey on lawyers' use of technology. During the fall of 2003, the center mailed questionnaires to...

Passage of American Job Creations Act plugs holes in U.S. Tax Code.
November 18, 2004... Byline: Mike Nixon Passage of the American Jobs Creation Act (HR4530) last month carried with it nearly 200 provisions, many of which plug holes in the U.S. Tax Code with little notice by the general public. One such provision...

Missouri Court of Appeals finds wrongful death settlement was not marital property.
November 19, 2004... Byline: Donna Walter The marriage appeared to end amicably - with both sides agreeing marital conduct was not an issue and that the wife should have custody of the twins - but the exes still found themselves before an appellate panel...

Missouri Court of Appeals finds foreign relocation insufficient to decide custody suit.
November 19, 2004... Byline: Emily Umbright A father's relocation to Germany is not enough to determine that keeping his son in the states is in the son's best interest, the Missouri Court of Appeals, Southern District, held Monday. Although the appellate...

National Association of Realtors report show first-time buyers boost housing.
November 19, 2004... Byline: Mike Nixon In a home purchasing profile released last week by the National Association of Realtors confirmation was given to what many residential real estate professionals already suspected - first-time buyers have been driving...

Knowing when to resign could enhance greater progress.
November 19, 2004... Byline: Mike Nixon "My work here is finished," said a wide variety of figures from a seventh century monk facing his fate, to slaves singing songs of expectation while toiling in cotton fields, and even as a proclamation of success made by...

Employees will receive more choices in health and retirement benefits.
November 19, 2004... Byline: Donald Croysdale For many employees, November is renewal time for employee benefit options. More and more employers are providing their employees with choices. Which health plan and how do you want to share the costs? Some offer a...

Missouri Court of Appeals finds summary judgment in lease agreement not appropriate in lawsuit.
November 22, 2004... Byline: Erin Suess Questions and miscommunications surrounding a lease agreement that was partly written, partly typed and partly oral negate the trial court's summary judgment, ruled the Missouri Court of Appeals, Eastern District, on...

U.S. Court of Appeals upholds evidence found during search for narcotics.
November 22, 2004... Byline: Fred Petersen Where the defendant was convicted of possession of cocaine with intent to distribute and possession of ammunition by a career criminal, the U.S. Court of Appeals for the Second Circuit held his conviction should be...

MI.-based Creating the Future Inc. stresses that it's time for employers to reach younger workers.
November 22, 2004... Byline: Fred Petersen As older workers retire, employers have to find new ways to appeal to younger workers, said Ed Barlow, president of Michigan-based Creating the Future Inc. "It is forecasted that because of an aging population, we...

Raising the Bar - Brush up your bankruptcy.
November 22, 2004... Byline: Paul Mark Sandler Prior to 1833, right here in America you could be thrown in jail if you failed to pay your debts. It would not matter who you were. Robert Morris, financier of the American Revolution and signer of the Declaration...

Missouri Court of Appeals says lower could have re-allocated tax returns.
November 23, 2004... Byline: Stephanie Mitchum Murphy A circuit court erred when it ruled it could not modify a couple's allocation of tax returns, the Missouri Court of Appeals for the Western district ruled in an affirmed in part, reversed in part decision....

Choice of commercial carrier leads to missed filing deadline.
November 23, 2004... Byline: Erin Suess Snail mail may be dying out in the face of newer technologies, but the lawyers of Missouri will continue to use the U.S. Post Office to file their notices of appeal in light of an opinion handed down by the Missouri...

U.S. appeals courts to charge $150 membership fee.
November 23, 2004... Byline: Donna Walter Beginning Jan. 1, a $150 national membership fee will be collected for attorneys admitted to practice in any circuit of the U.S. Court of Appeals. The fee was imposed under the direction of the Judicial Conference of...

Commentary: More rules to smooth the work flow process.
November 23, 2004... Byline: Jim Wirken We are still talking about the various rules that we have in our office to help us "get the work done." As you know, there are five areas that make up every part of every business in the world; the third area is...

Lawyers must report non-practicing lawyer misconduct.
November 23, 2004... Byline: Staff Writer Lawyers have an ethical obligation to report misconduct by other lawyers, if the misconduct raises a substantial question about the offending lawyer's honesty, trustworthiness or fitness to practice law. They must...

Commentary: Microsoft launches search engine to thwart Google.
November 23, 2004... Byline: Larry Fiorino Last week, Microsoft launched a test version of its newest search engine, located on the MSN.com Web site. With a combination of industry standard features and unique new elements, it is clear that Microsoft is aiming...

MO Court of Appeals says National Boy Scouts not responsible for child abuse.
November 24, 2004... Byline: Stephanie Mitchum Murphy In an affirmed opinion, the Missouri Court of Appeals for the Western District found Boy Scouts of America Inc. and its national officer were not liable to a former Boy Scout who was molested by a troop...

Federal court grants motion to vacate default judgment.
November 24, 2004... Byline: Helen Nguyen Even though a correctional officer failed to answer an inmate's complaint within the required time period, the U.S. District Court for the Western District of New York granted the officer's motion to vacate the default...

Realtors concerned about possible changes to tax codes.
November 24, 2004... Byline: Mike Nixon By now homeowners have received their holiday gift from respective revenue collectors informing them of how much they owe in real estate property tax by Dec. 31. And whether those taxpayers have already mailed in a check...

Commentary: The singles penalty - unmarrieds pay hidden prices.
November 24, 2004... Byline: Dena Shapiro Frenkel Even through marriage and fertility rates are at their lowest point in history, an estimated 85 percent of Americans will marry at least once in their lives. However, chances are, if you live to the age of 70,...

Doctors, lawyers claim victory in tort reform battle.
November 25, 2004... Byline: Correy E. Stephenson Election results in four states where lawyers and doctors battled over whether med-mal awards should be capped resulted in a virtual tie, with both sides claiming victory. Record amounts of money were spent...

Franchised businesses hold many advantages, disadvantages.
November 25, 2004... Byline: Marylou Doehrman Franchised businesses in the United States employed more than 9 million people in 2001 (the last figures available), according to the International Franchise Association Educational Foundation. In the same year, a...