Daily Record (Kansas City, MO) articles from November 2007

Daily Record (Kansas City, MO) archives from November 2007

Ex-Missouri Supreme Court judge Warren Welliver dies at 87.(Obituary)
November 1, 2007... Byline: Allison Retka Warren Welliver, a former Missouri Supreme Court judge from Columbia, died Monday, the high court announced on Wednesday. He was 87. An appointee of Democratic Gov. Joe Teasdale, Welliver served on the court for 10...

Former Missouri assistant AG claims discrimination.
November 1, 2007... Byline: Kelly Wiese EEOC unable to prove, disprove any violation An attorney who once worked for the state's social services agency claims Attorney General Jay Nixon's office discriminated against her in not offering a job because she...

Kansas City Legal Briefs: November 1, 2007.
November 1, 2007... Byline: The Daily Record Application period open for last Western District vacancy The Appellate Judicial Commission is now accepting applications for the final vacancy on the Missouri Court of Appeals' Western District. The commission...

Commentary: Who has been looking in your backyard?
November 1, 2007... Byline: Christine Ann Hughes How much privacy do we have as Americans? You might be surprised. If you have a landline telephone that is not unlisted and call me, I can within seconds be looking at a picture of your backyard that is so close...

Missouri Supreme Court rejects Allstate's plea.
November 1, 2007... Byline: Charles Emerick Insurer must pay $25,000 daily fine The tab for Allstate Insurance Co. in defending a bad-faith case continues to swell larger by the day. On Tuesday, the Missouri Supreme Court denied Allstate's writ that...

Support laws change for college kids.
November 2, 2007... Byline: Kelly Wiese Some noncustodial parents think it should go further Missouri lawmakers this year slightly lowered the age to which noncustodial parents must pay for their children's college education, but the political compromise...

Kansas City man's suit filed against God didn't have a prayer.
November 2, 2007... Byline: Charles Emerick An unemployed Kansas City man is ready to drag God into court and make him pay. Greg Rollins demanded $1 trillion in a federal lawsuit filed this week against his creator, who allegedly was negligent in designing...

Student facing charges fights suspension.
November 2, 2007... Byline: Allison Retka Sophomore was accused of forcible sodomy of 2 girls The Wentzville School District made its final arguments Wednesday defending in federal court its disciplinary actions against a 10th grade student accused of...

Shughart Thomson & Kilroy adds to business group, hires six associates at KC office.
November 2, 2007... Byline: The Daily Record Shughart Thomson & Kilroy announced that it has hired two laterals to join its business group, as well as six associates. Andrew J. Ennis and Jack D. McInnes V will practice in business litigation. Ennis, who got...

Bush defends Mukasey's waterboarding answer.
November 2, 2007... Byline: Roger Runningen and James Rowley, Bloomberg President George W. Bush defended Michael Mukasey's refusal to declare so-called waterboarding illegal, saying the attorney general nominee has no direct knowledge of interrogation...

Public defenders likely to refuse cases in 2008.
November 5, 2007... Byline: Kelly Wiese Private attorneys could be asked to lighten the load The state Public Defenders Commission has given the green light for offices to refuse cases when the workload is too high, but leaders say public defenders likely...

Former nurse faces civil suit for alleged patient assault at North Kansas City hospital.
November 5, 2007... Byline: Charles Emerick A former nurse already in prison for child pornography charges is facing accusations in civil court that he drugged and sexually assaulted at least one patient while on the job, though the allegations have never...

Kansas City Legal Briefs: November 5, 2007.
November 5, 2007... Byline: Charles Emerick Civil rights lawyer Arthur Benson II has a federal lawsuit ready to go following the outcome of tomorrow's vote regarding the school district boundary between Kansas City and Independence. If voters in Independence...

Volunteer Attorney Project celebrates 25 years.
November 5, 2007... Byline: The (Kansas City) Daily Record

Civil rights activist loses appeal in job-loss case.
November 5, 2007... Byline: Donna Walter Civil rights activist Percy Green II has lost another round in his employment suit against the city of St. Louis. The 8th U.S. Circuit Court of Appeals on Friday upheld a jury's decision last year that Green was not a...

Judge assails Exxon victory in $3.5 billion case.
November 5, 2007... Byline: Laurence Viele Davidson and Joel Rosenblatt The Alabama Supreme Court threw out a $3.5 billion punitive damages verdict against Exxon Mobil Corp. over the objections of the chief justice, who said the ruling encourages fraud. In an...

Commentary: What's the secret to success? Not being stuffy.
November 5, 2007... Byline: Craig Napier My dad has always owned his owned businesses. When I was growing up, he had an auto parts store and machine shop, and I witnessed his business model first hand. Basically, it was: if you are fair with people, offer...

Law prof takes aim at 'silly' patents at University of Missouri-Kansas City School of Law seminar.
November 6, 2007... Byline: Charles Emerick Far too many bad patents are being issued, a leading advocate of patent reform told a group of local attorneys and law students on Friday. Mark Lemley, a professor at Stanford Law School, presented his case during a...

Federal jury acquits former Jackson County executive Katheryn Shields, husband.
November 8, 2007... Byline: Charles Emerick After more than 20 hours of deliberations, a federal jury on Wednesday cleared a former county executive of Jackson County and her husband of mortgage fraud. Katheryn Shields, a former finalist for U.S. Attorney,...

Wyrsch lauded for his commitment to justice, law.
November 9, 2007... Byline: Charles Emerick

Judge in Terry Schiavo case advocates independence.
November 12, 2007... Byline: Charles Emerick Few judges get a case that thrusts them into the national spotlight like the one Judge George W. Greer received seven years ago. Greer, a judge in Clearwater, Fla., presided over the guardianship case of Terry...

Kansas City Courthouse Roundup: November 12, 2007.
November 12, 2007... Byline: Charles Emerick If a judge is being sworn in, talk of the Missouri Nonpartisan Court Plan is likely to be included. Such was the case last week at the oath of office ceremony for newest appellate Judge James Welsh. Welsh, appointed...

Napier: An unproductive trip back to the law library.
November 12, 2007... Byline: Craig Napier

Suit filed over death of Kansas City man in police custody.
November 13, 2007... Byline: Charles Emerick Excessive force used by an Independence police officer caused the death of a young Kansas City man two years ago, his parents claimed in a federal lawsuit. Patricia Williams and Michael Davis, the parents of Michael...

Missouri court plan reform sought for '08 ballot.
November 13, 2007... Byline: Kelly Wiese A proposal to lessen the Missouri Bar's influence over the selection of judges and require Senate confirmation of nominees is being circulated among leaders in Missouri's legal and political circles. St. Louis attorney...

St. Louis attorney to be jailed away from former clients in federal prison.
November 13, 2007... Byline: Allison Retka St. Louis attorney Frank Febbri is less likely to spend his 18-month federal prison with former clients, thanks to a recent ruling by a federal judge in East St. Louis. U.S. District Judge William D. Stiehl granted...

State agency says it can't represent St. Peters man because of Missouri law.
November 13, 2007... Byline: Allison Retka The State Public Defender System shrugged off the claims of a St. Peters man who sued the agency for refusing to represent him against a misdemeanor. Because the charges Brian Hodak faced were municipal offenses,...

Muslim woman says she was fired by St. Charles firm over head scarf.
November 14, 2007... Byline: Donna Walter A Muslim woman says she was fired for refusing to remove her head scarf while working, but her former employer, St. Charles-based Client Services Inc., says Mariam Soultan refused the company's efforts to accommodate...

Missouri Court of Appeals' Western District rules lawyer to get new murder trial.
November 14, 2007... Byline: Charles Emerick Western District upholds finding that state withheld useful evidence The Missouri Court of Appeals' Western District determined Tuesday that evidence not disclosed by prosecutors during a former Kansas City...

Fewer apply for judgeships in Missouri.
November 14, 2007... Byline: Charles Emerick Only 14 lawyers have applied to fill the Jackson County Circuit Court's newest vacancy, created by the retirement of Judge J.D. Williamson in October. The deadline to apply passed Tuesday afternoon. It's the second...

Missouri Attorney General Jay Nixon appoints outside experts in e-mail flap.
November 16, 2007... Byline: Kelly Wiese After months of controversy over e-mail policy in the Blunt administration, Attorney General Jay Nixon said Thursday he has appointed outside experts to investigate allegations that the governor's office has mishandled...

Light-rail lawsuit has unusual take on Missouri voting laws.
November 16, 2007... Byline: Scott Lauck As a young man, Michael J. Gunter regarded voting as pointless, assuming his vote didn't count. His mother disagreed and eventually persuaded him to cast his ballot. Now an attorney in Kansas City, Gunter and his mother...

Kansas City lawyer is a Big Brother -- and teen's lifelong friend.
November 19, 2007... Byline: Bridget Heos Larry remembers when he first became a little brother. One October day, he was on a bus with a bunch of other kids headed to see the Chiefs -- a team he didn't even like due to their record. Soon after, he was headed...

Missouri State Rep. Jason Grill joins Holtsclaw & Kendall.
November 19, 2007... Byline: The Daily Record Staff Attorney and state Rep. Jason Grill, D-Parkville, recently joined the law firm of Holtsclaw & Kendall as an associate attorney. Grill had previously practiced law with his father, Brad Grill, at the Grill Law...

Commentary: Thanksgiving vacation means (gasp!) time off.
November 19, 2007... Byline: Craig Napier My birthday was a week ago and the government had a short week on my behalf -- or was it Veteran's day? I always forget. Now, I'm running up against a trip to Ohio for Thanksgiving with my family to see all the aunts,...

Title companies exit mortgage lawsuit.
November 19, 2007... Byline: Heather Cole They're finding different results in different courts, though Title companies are finding their way out of lawsuits that accuse them of helping California-based Ameriquest Mortgage Co. with predatory lending. On...

Look at facts, condemnation attorney urges homeowners.
November 19, 2007... Byline: Allison Retka St. Louis attorney Gary Feder was facing a tough crowd Friday when he tried to explain the upside of eminent domain to homeowners who have been ousted in the name of redevelopment. The situation needs to be looked at...

Kansas City Courthouse Roundup: November 19, 2007.
November 19, 2007... Byline: Charles Emerick Attorneys for a Kansas City doctor want a $1 million verdict reversed for a juror's nondisclosure. A woman who sat on a jury that handed down the June award to a now-deceased woman failed to make known past civil...

State judge named to U.S District Court, Western District of Mo.
November 20, 2007... Byline: Charles Emerick Gregory Kays faces slow-moving confirmation process in Senate One Lebanon, Mo., judge is in line to replace another at the federal court in Kansas City. President George W. Bush last week nominated Judge Gregory...

U.S. District Court in Mo. considers whether to advance suit over illegal worker measure.
November 20, 2007... Byline: Allison Retka Plaintiffs in the Valley Park immigration dispute fought Monday to keep their case alive, arguing against the city's motion to dismiss their lawsuit. Lawyers for Jacqueline Gray, a business owner in Valley Park, told...

Kansas City Legal Briefs Brief: November 20, 2007.
November 20, 2007... Byline: Scott Lauck and Kelly Weise KC man sentenced for Baywatch fraud A Kansas City man was sentenced in federal court Monday for a fraud scheme in which he tried to sell foreign rights to the television program Baywatch. David...

Mo. Court of Appeals' Western District upholds $25M verdict.
November 21, 2007... Byline: Scott Lauck The largest plaintiff's verdict in Missouri for 2005 will stand, following a decision by the Missouri Court of Appeals' Western District. The court on Tuesday upheld a $25 million jury verdict in favor of a girl who...

Missouri governor's chief of staff leaves amid e-mail controversy.
November 21, 2007... Byline: Allison Retka and Kelly Wiese Gov. Matt Blunt announced Tuesday the departure of his chief of staff Ed Martin, an attorney from St. Louis. Martin will be replaced by Patricia E. Vincent, the director of revenue in the governor's...

Missouri Supreme Court upholds rape conviction despite venue question.
November 21, 2007... Byline: Kelly Wiese The Missouri Supreme Court upheld a man's rape conviction Tuesday, finding that the state is not required to prove where the crime occurred beyond a reasonable doubt. The court, in a unanimous opinion written by Judge...

Fabbri disbarred; Althoffer suspended by Missouri Supreme Court.
November 21, 2007... Byline: Allison Retka The Missouri Supreme Court has suspended the license of St. Louis public defender Eric Affholter and disbarred local criminal defense attorney Frank Fabbri. Each were sentenced on federal criminal charges last month....

Commentary: Falkenstien: Judicial review: Reining in executive and legislative power.
November 21, 2007... Byline: Kate Falkenstien America's understanding of the judicial branch is woefully lacking. While 68 percent of young adults can identify the vice president and 8 percent know the Speaker of the House, only 2 percent can name the chief...

Commentary: The importance of separation of powers.
November 21, 2007... Byline: Thomas Braslavsky The concept of separation of governmental powers, advocated vociferously by 18th century political philosopher Montesquieu and inscribed in the opening articles of the United States Constitution, is an essential...

Mo. Supreme Court rules prosecutors do not have to prove where a crime happened to win a conviction.
November 21, 2007... Byline: Daily Record (Kansas City) Staff The Missouri Supreme Court says prosecutors do not have to prove where a crime happened to win a conviction. The decision came in the case of a man who was convicted of raping his stepdaughter in St....

As year ends, lawyers in Missouri seek new options.
November 22, 2007... Byline: Charles Emerick Partners with one foot out the door will soon take that final step after firms across the state start doling out their year-end bonuses. Much like baseball's free agent market, many partners at Missouri firms will...

Missouri lawmaker seeks to rein in sex offender laws.
November 23, 2007... Byline: Kelly Wiese For years, Missouri lawmakers have added restrictions and increased penalties on sex offenders, but now a leader in those efforts wants to rein them in to keep from jeopardizing the progress he has seen already. Senate...

Volunteer provides 'critical element'.
November 23, 2007... Byline: John Perez, Special to the Daily Record For Virginia Gross, most of the important things begin and end with family. Thankfully for everyone she works with at Polsinelli Shalton Flanigan Suelthaus and the people she has helped, a...

Court budget in Jackson County faces cuts for next year.
November 26, 2007... Byline: Charles Emerick Achieving a balanced budget next year in Jackson County will result in "drastic cuts" for the courts, according to its presiding judge. Included in the budget announced Nov. 15 by County Executive Mike Sanders was...

Missouri eyes private investigators.
November 26, 2007... Byline: Kelly Wiese New law requires PIs to be licensed When F.M. Chris Rey moved back to St. Louis after a career elsewhere in the military and federal government, he set out to get licensed as a private investigator -- and was...

Kansas City Courthouse Roundup: November 26, 2007.
November 26, 2007... Byline: Charles Emerick Settlements usually save defendants money. But in one recent case, an 11th-hour deal landed a Kansas City plaintiff four times as much as a jury had been prepared to give. Seldon Turnbull, who was involved a 2006...

Commentary: Where do you learn to ask the right questions?
November 26, 2007... Byline: Craig Napier My office partner's son is first-year law student. A 1L. His friends and he have started going to our typical Friday happy hour at Mike's Tavern with some regularity. So, a few of us lawyers have gotten to know a few...

Civil trial set to begin for former St. Louis Blues hockey player.
November 27, 2007... Byline: Kelly Wiese The trial of former St. Louis Blues hockey player Rob Ramage began in St. Louis County Circuit Court on Monday, with much of the first day spent selecting a jury. Ramage is being sued by the family of another former...

Missouri Supreme Court says state agency must use attorneys.
November 27, 2007... Byline: Charles Emerick In a case that started out as a dispute over whether workers at a small Kansas City business were employees or contractors, the Missouri Supreme Court determined that a state agency was engaged in the unauthorized...

In lawsuit filed in St. Louis federal court, man claims he was fired over HIV status.
November 27, 2007... Byline: Donna Walter A former bank teller didn't just lose his job because he was HIV-positive, he claims in a new lawsuit -- he also lost much of his confidentiality. The plaintiff, identified only as K.M., worked for about a year and a...

St. Charles police detective sues city over demotion after election.
November 28, 2007... Byline: Donna Walter A St. Charles police detective claims in a lawsuit filed last week that he was demoted to afternoon shift supervisor because he supported the losing candidate in the city's April mayoral election. The reassignment...

Plaintiffs' attorney faults former St. Louis Blues player Rob Ramage for refusing to testify.
November 28, 2007... Byline: Allison Retka Already convicted of drunken driving in a Canadian court, former St. Louis Blues player Rob Ramage now faces the civil aftermath of a 2003 car wreck that killed his friend near Toronto. Ramage was not in the Clayton...

Law firm in Independence seeks to keep suit in arbitration.
November 28, 2007... Byline: Charles Emerick An Independence firm that has recorded significant victories in court is now fighting to keep a case against it from proceeding in one. Humphrey, Farrington & McClain is asking a state judge to compel arbitration in...

Kansas City Legal Briefs: November 28, 2007.
November 28, 2007... Byline: The (Kansas City) Daily Record Staff Judicial Commission sends panel for Southern District The Appellate Judicial Commission announced Tuesday that it had submitted a panel of nominees to fill a vacancy on the Missouri Court of...

Commentary: Is suing the best thing for an employee to do? Not always.
November 28, 2007... Byline: David Nacht I have been representing employees since January 1996, and my firm sees about 500 employees a year for consultations. Many attorneys who represent employees are only interested in finding the "big case" -- almost...

Oak Grove wrinkles nose at awards in sewage lawsuits.
November 29, 2007... Byline: Scott Lauck Lawsuits stemming from soggy and sewage-strewn basements in eastern Jackson County landed in the Missouri Supreme Court Tuesday morning. Two of the lawsuits originated from an open drainage ditch along Harding Road in...

U.S. Supreme Court refuses two Missouri cases.
November 29, 2007... Byline: Donna Walter Convicted killer John Winfield remains on death row after the U.S. Supreme Court announced this week that it wouldn't review his appeal. The court also said it wouldn't take up the case of a doctor who sued the Saint...

Kidder, Mo. attorney pleads guilty to bank fraud.
November 29, 2007... Byline: The (Kansas City) Daily Record Staff An attorney from Kidder, Mo., pleaded guilty in federal court Wednesday to defrauding a North Kansas City bank in a series of loans totaling almost $867,000. Dawn Renee Harpster, 38, pleaded...

AmerenUE to pay $180M for Taum Sauk collapse.
November 29, 2007... Byline: Allison Retka AmerenUE agreed to fork over to the state nearly $180 million for the costly aftermath of the Taum Sauk reservoir disaster two years ago. But what concerns the head of the Missouri Department of Natural resources is...

Hog heaven it's not: Nuisance lawsuit against Mo. pig farms hopes to build on last year's success.
November 30, 2007... Byline: Charles Emerick A multi-million dollar defeat more than a year ago for the some of the country's leading meat producers will not keep them from going to trial again in similar case getting underway today. ContiGroup Companies and...

Missouri Supreme Court considers reach of workers' compensation law.
November 30, 2007... Byline: Kelly Wiese Members of the state Supreme Court debated Thursday whether a state law limiting workers' compensation benefits allows injured employees to sue in court if they don't meet the tightened qualifications of the revamped...

Missouri Supreme Court considers suit following Farmington police chase.
November 30, 2007... Byline: Kelly Wiese Supreme Court judges questioned Wednesday how to reconcile liability protection for law enforcement officer with their violation of police department rules. They were hearing an appeal in a wrongful death lawsuit...

State and Region Briefs.
November 30, 2007... Byline: The (Kansas City) Daily Record Attorney pleads guilty to bank fraud An attorney from Kidder, Mo., pleaded guilty in federal court Wednesday to defrauding a North Kansas City bank in a series of loans totaling almost $867,000....

Marx Receives Award.
November 30, 2007... Byline: Daily Record Staff Richard A. Marx, a senior environmental engineer at Nixon Peabody LLP, recently received this year's Hugh E. Cummings Environmental Quality Award. Marx has worked within the law firm's environmental practice...

Damages weighed in St. Louis Blues player Rob Ramage's civil trial.
November 30, 2007... Byline: KC Daily Record Staff The lawyer for Rob Ramage admitted in court Thursday that the former St. Louis Blues player is responsible for the death of his friend and former hockey colleague Keith Magnuson. Ramage, 48, was at the wheel...