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

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

Internet blocking prompts concern about what's not seen.
October 1, 2004... Byline: Mike Nixon Many parents use electronic blockers to protect their children from danger on the information highway. The Internet has quickly become a common part of everyday life. But responsible parents realize that along with the...

Commentary: Pay attention to your e-mail etiquette.
October 1, 2004... Byline: Doug Washington As we are reminded every day by our overflowing inboxes, a great deal of business-related communication happens through email. Although email is often thought of as somewhat informal, it is important to keep a...

Commentary: Technology traps can wreck your relocation.
October 1, 2004... Byline: Ross Kodner Law firms relocating to new space, or remodeling existing facilities face a number of technology challenges. The challenges are magnified in the case of remodeled space, rather than new space, and especially so in older...

MO Court of Appeals rules default judgments were erroneously set aside.
October 1, 2004... Byline: Emily Umbright The Missouri Court of Appeals, Eastern District, reinstated on Tuesday the default judgment awards of a man who took action against his auto repairers, determining neither defendant failed to specify facts that would...

Community Reinvestment Act revision prompts reactions.
October 1, 2004... Byline: Mike Nixon Since 1977, the Community Reinvestment Act has encouraged depository institutions to offer special credit packages among lower and moderate-income lenders in an effort to spark mortgage lending and development of both...

Applicants sought for vacancy on MO Court of Appeals, Eastern District.
October 1, 2004... Byline: Staff Writer The Appellate Judicial Commission now is accepting applications for the position of judge of the Missouri Court of Appeals, Eastern District, to fill the vacancy due to Judge Mary Rhodes Russell's appointment to the...

Attorneys receive $3M in damages for 9 yr.-old.
October 4, 2004... Byline: Stephanie Mitchum Murphy When Gary Robb and Anita Porte Robb of Robb & Robb LLC took on a wrongful death case involving a steel plate which fell off a scrap hauler and went through the windshield car and killed its driver, their...

Judicial circuits, legislators honored at annual meeting.
October 4, 2004... Byline: Staff Writer Supreme Court of Missouri Chief Justice Ronnie L. White on Thursday recognized three judicial circuits for efficiently managing and processing cases during fiscal 2003. The Daniel J. O'Toole awards were presented...

ABA to hold symposium on jury system.
October 4, 2004... Byline: Staff Writer Should jurors be allowed to take notes during a trial? Should they be able to ask a witness questions the lawyers didn't ask? Should a jury pool be drawn just from the voting roles, or should jurisdictions be more...

Commentary: Lawyers must learn and take advantage of today's technology.
October 4, 2004... Byline: Chris Wirken Rumor has it that the legal profession is among the most antiquated when it comes to using technology. This may be the case if your firm is managed by people that were born before the remote control and Atari, or who...

Commentary: Raising the Bar - Does your argument make sense?
October 4, 2004... Byline: Paul Mark Sandler There are a host of elements that contribute to winning arguments, but there is no more important test of your case than that imposed by logical reasoning. Second-guessing your logic as you prepare for trial is...

ABA releases guide for individuals facing divorce.
October 5, 2004... Byline: Staff Writer The ABA Section of Family Law has published a guide for individuals who are going through a divorce. Surviving Your Divorce and Beyond includes helpful articles on understanding the divorce process, divorce money...

Commentary: Finding the right software to get the work done.
October 5, 2004... Byline: Jim Wirken This week we are going to continue to talk about "getting the work done," as one of the five things that makes up every businesses in the world. The other four things are: "clients or customers," "administration,"...

Missouri Bar panel explores Sarbanes-Oxley Act.
October 5, 2004... Byline: Donna Walter Harvey Goldschmid, a commissioner on the Securities and Exchange Commission, painted an optimistic picture of the Sarbanes-Oxley Act and how it has helped restore investor confidence in corporate America. Goldschmid...

Board of Governors seeks more comment on advertising.
October 5, 2004... Byline: Donna Walter Lawyer advertising, and the rules that govern it, can be a contentious issue, and it certainly was so at The Missouri Bar Board of Governor's meeting on Wednesday. Other issues taken up by the board include rules...

Commentary: Planning Ahead - Life insurance for at-home parents.
October 5, 2004... Byline: Dena Frenkel If you belong to one of the 19.6 million American families with children where both parents are working, buying life insurance for both breadwinners is an obvious "must." However, if you are one of the 5.3 million...

Commentary: National Boss Day is October 16.
October 6, 2004... Byline: Christine Ann Hughes National Boss Day is October 16th! Have you ever wondered how National Boss Day came to be? In 1958, Patricia Bays Haroski, an employee at that time of State Farm Insurance Company in Deerfield, Illinois,...

Woman prevails on appeal from injury at toy store.
October 6, 2004... Byline: Stephanie Mitchum Murphy A trial court did not err in awarding a woman $300,000 in damages after a stroller fell from a shelf in a Toys "R" Us store and injured her, the Missouri Court of Appeals for the Western District Ruled,...

Women lawyers brainstorm on attaining leadership roles.
October 6, 2004... Byline: Donna Walter Women lawyers from St. Louis, Kansas City and outstate Missouri brainstormed Friday morning about ways to get more women in positions of influence both in The Missouri Bar and in state government. The breakfast...

Gavel passed to end MoBar meeting.
October 6, 2004... Byline: Donna Walter The Missouri Bar Annual Meeting, held last week at the Renaissance Grand Hotel in downtown St. Louis, ended Friday night with an awards banquet and the passing of the gavel from St. Louis attorney William Corrigan Jr....

Legal plans becoming regular employee benefit.
October 7, 2004... Byline: Richard Slawsky For most people, a trip to see an attorney ranks right there with a trip to the dentist. According to an American Bar Association survey, the average person needs legal advice between four and six times per...

Judgment fails to meet definition of suppression.
October 7, 2004... Byline: Erin Suess In the war against methamphetamine, the Missouri Court of Appeal, Eastern District, made another distinction in how to preserve evidence in court by denying the state's plea for an interlocutory appeal following the...

Inmate's 8th Amendment claim halted by 8th Circuit.
October 7, 2004... Byline: Emily Umbright A sick inmate's 8th Amendment violation claim failed on Friday because he fell short of showing his doctor acted with deliberate indifference when treating his Hepatitis C virus, the 8th U.S. Circuit Court of Appeals...

Commentary: For diversification and income, seek real estate trusts.
October 8, 2004... Byline: Gary Williams For many investors, real estate investing starts and ends with the purchase of a home. Yet by investing in only one real estate property, you are overlooking the rewards of investing in a multitude of other...

Search warrant included container found in cabinet.
October 8, 2004... Byline: Stephanie Mitchum Murphy Even though officers only had a warrant to search for methamphetamine and related materials, an officer did not exceed the scope of a search warrant when he opened a container containing marijuana, the...

Unequal contributions to joint tenancy negate equal distribution, rules MO Court of Appeals.
October 8, 2004... Byline: Erin Suess Estate planning nearly cost a family its property when a company tried to collect on a man's debt by taking his one-half interest in the property. Luckily, the man never contributed a cent toward the land, leaving the...

PMI carriers warn about piggyback loan risks.
October 8, 2004... Byline: Mike Nixon Many homeowners who have secured historically low interest rates on original purchases or refinancing during the past couple of years continue to look for ways to save money. And many lenders are happy to help them in an...

Commentary: Fan interest level links political races to sports competition.
October 8, 2004... Byline: Mike Nixon There is a reason politics is often compared to sports. But it has more to do with observers in the stands and sideline coaches than players on the field. It is a tradition to compare candidates to boxers taking jabs...

Guatemalan family given second shot at asylum by 8th Circuit Court of Appeals.
October 11, 2004... Byline: Erin Suess A handful of violent acts against a woman and her family could amount to political persecution, found the 8th U.S. Circuit Court of Appeals on Thursday. The panel noted inconsistencies in the family's testimonies,...

State and federal highway funding on stop and go path.
October 11, 2004... Byline: Mike Nixon State and federal highway funding offered mixed messages as September ended. With a fifth extension in a year, federal highway plans put the brakes on new road funding obligations by Congress, while at the same time cash...

Western District Missouri Court of Appeals to convene at Vernon County.
October 11, 2004... Byline: Staff Writer The Missouri Court of Appeals, Western District will convene Court in Nevada, Missouri on Thursday, October 28, 2004, Chief Judge Edwin H. Smith announced today. A three judge panel, consisting of Harold L....

Commentary: Learning from those you teach.
October 11, 2004... Byline: Dana McFarland One night a week I teach legal classes to upcoming paralegals at a local four-year university. At this institution you can receive a degree in the paralegal field. We cover a variety of topics, including but not...

Commentary: Raising the Bar - So what's a prenuptial agreement?
October 11, 2004... Byline: Paul Mark Sandler People making the matrimonial leap with prenuptial agreements in hand usually do so with the hope of avoiding legal disputes should the union prove star-crossed. That's a humble hope, dwarfed by others harbored in...

Commentary: Who determines workers' comp rates?
October 11, 2004... Byline: Mike Moroney Back in the early 1990s, there was a crisis in the workers' compensation insurance market. Rates were rising quickly, and fewer and fewer carriers were interested in writing workers' compensation insurance in our...

Court did not err in allowing jury verdict instructor.
October 12, 2004... Byline: Stephanie Mitchum Murphy A jury verdict instructor was not erroneous in a medical malpractice case because the plaintiff accurately presented the issues to be decided by the jury, the Missouri Court of Appeals for the Western...

Supreme Court celebrates firsts during Bar enrollment ceremonies.
October 12, 2004... Byline: Staff Writer For the first time in the Supreme Court of Missouri's history, a husband and wife - and an Asian-American - sat as special judges with the Court. Judge George W. Draper III, chief judge of the Court of Appeals, Eastern...

Commentary: It's a Gimme - Putters are not just for greens anymore.
October 12, 2004... Byline: Joe Rahnis Watch any professional golf tournament lately and you'll see a lot more pros using their putter from off the green, sometimes way off the green. From the Masters to the British Open and even at last weekend's...

Health care costs, politics subject of conference.
October 12, 2004... Byline: Amy Amour The cost of employer-sponsored health premiums rose 11.2 percent in 2004, and since 2000 health premiums have risen 59 percent, while workers wages have increased only 12 percent, according to the 2004 Annual Employer...

Commentary: Establishing a work flow process in your firm.
October 12, 2004... Byline: Jim Wirken We are continuing to talk about "getting the work done" as one of the five things that make up every business in the world. As you know, the other four are as follows: "clients or customers," "administration,"...

Commentary: Testing for illness in a baby's genes.
October 13, 2004... Byline: Dr. Robert Coplan A federal health task force created by Congress has been meeting in Washington in order to formulate recommendations for the possible expansion of the routine genetic testing of the approximately 4 million babies...

Court of Appeals rules search and seizure in drug case unlawful.
October 13, 2004... Byline: Stephanie Mitchum Murphy When an officer interrogated a driver and a passenger of a car about details unrelated to a traffic violation, he violated their Fourth Amendment rights, even though he did find drugs in their car as a...

Legal Services of Eastern MO honors supporters at awards lunch.
October 13, 2004... Byline: Donna Walter Legal Services of Eastern Missouri held its annual awards ceremony on Friday to show the organization's appreciation for the attorneys, legislators and businesspeople who have worked for justice for indigent Missouri...

Loan Repayment Assistance Program reaches lofty goal.
October 13, 2004... Byline: Staff Writer Raising money for worthy causes takes time. But with only a few weeks left in his term as president of The Missouri Bar, Bill Corrigan challenged the Board of Governors to help raise $100,000 for the bar's new Loan...

Minute entries no substitute for complete court files.
October 14, 2004... Byline: Donna Walter Court minutes that can be accessed by computer are no substitute for complete court files, said the Missouri Court of Appeals, Eastern District, as it reversed a St. Louis Circuit Court's decision to sentence a...

Online real estate resources prompted by interested consumers.
October 14, 2004... Byline: Mike Nixon Informed consumers are the best consumer, not only for themselves but often for those with whom they are conducting business. In the real estate industry, agents and brokers are learning it can be to their advantage to...

Law firm Lathrop & Gage adds three from Gallop, Johnson.
October 14, 2004... Byline: Staff Writer Continuing its two-year trend of pushing the envelope in size, the law firm of Lathrop & Gage L.C. announced Monday that it has added three former partners from the firm Gallop, Johnson & Neuman L.C. "In a market...

Commentary: Finance - Insurance plans for businesses.
October 14, 2004... Byline: Gary Williams By successfully launching your own business you proved that risk taking can pay off. But the risk associated with not having the appropriate insurance for your business is one you would be wise to avoid. An uninsured...

U.S. Supreme Court takes a look at juvenile death penalty issue.
October 15, 2004... Byline: Donna Walter The U.S. Supreme Court heard arguments Wednesday concerning whether the imposition of the death penalty on 16- and 17-year-olds constitutes cruel and unusual punishment. Last year, the Missouri Supreme Court held...

St. Louis City not responsible for flood at junior college, rules MO Supreme Court.
October 15, 2004... Byline: Emily Umbright The Missouri Supreme Court put an end on Tuesday to an ongoing dispute between the city of St. Louis and the Junior College District of St. Louis, flushing 500,000 gallons of old water and a nearly $8.26 million...

Mortgage Bankers Assn. testifies on fraud committed against lenders.
October 15, 2004... Byline: Mike Nixon Members of the Mortgage Bankers Association testified before the House Financial Services Subcommittee on Housing and Community Opportunity last week concerning an increase of problems and costs associated with fraud...

Public Citizen survey finds business more likely to file frivolous lawsuits resulting in sanctions.
October 15, 2004... Byline: Mike Nixon American businesses file four times more lawsuits, and are 69 percent more likely to be hit with sanctions for filing frivolous federal court cases, than individuals represented by trial attorneys. A new survey...

Court finds use of property was not adverse.
October 18, 2004... Byline: Stephanie Mitchum Murphy A circuit court's injunction barring one of the properties from building a fence down the property line was reversed by the Missouri Court of Appeals for the Western District because Missouri law requires...

U.S. Supreme Court term left many unanswered questions.
October 18, 2004... Byline: David Ziemer The most remarkable thing about the most recent U.S. Supreme Court term was how many unanswered questions were left open, according to USC Law School Professor Charles Whitebread, speaking at the Public Defender's...

Realtors increase use of technology.
October 18, 2004... Byline: Mike Nixon Real Estate Business Technologies announced last week that it has developed a transaction management system specifically designed for use in the real estate industry. In turn, The National Association of Realtors has...

ABA announces consumer protection fellowships.
October 18, 2004... Byline: Staff Writer In a pilot project established by the American Bar Association section of Antitrust Law, in cooperation with the National Association of Attorneys General, eight law students will be named as fellows for the summer of...

Commentary: New plan aims to help save on health care.
October 18, 2004... Byline: Stephen M. Thaler The Medicare Prescription Drug Improvement and Modernization Act of 2003 contains an addition to the Internal Revenue Code that allows for health savings accounts. A health savings account is a tax-exempt...

Commentary: Legal ADvice - How to judge yourself an infringer.
October 18, 2004... Byline: Jim Astrachan The creative on the other end of the line hung up the phone with just enough force to let me know she was miffed at my answer to her question. "Sorry," I thought to myself, "but that's why your boss pays my bills."...

8th Circuit finds no double jeopardy in meth case.
October 19, 2004... Byline: Emily Umbright Attempted methamphetamine manufacturing and possession of pseudoephedrine with reasonable cause to believe it would be used to make methamphetamine are two different crimes, the 8th U.S. Circuit Court of Appeals held...

Seizure case results in three opinions from 8th Circuit Court.
October 19, 2004... Byline: Donna Walter A Fourth Amendment seizure case resulted in three written opinions from a three-judge panel of the 8th U.S. Circuit Court of Appeals - one charging that the line of cases relied on by the appellate court are themselves...

Conversations about fraud may help protect seniors.
October 19, 2004... Byline: Staff Writer The nation's Better Business Bureaus encourage the families and friends of older Americans to initiate a dialog about common types of fraud that target senior citizens. "October is 'Protecting Older Americans from...

Caffeine withdrawal could be considered mental disorder.
October 19, 2004... Byline: Ezra Fieser It was a feeble attempt. I had trouble waking up. By midmorning I was still sluggish and by late afternoon a colossal headache had set in and I was nauseous. I was experiencing all those terrible side effects...

Commentary: Rules to help you get the work done.
October 19, 2004... Byline: Jim Wirken Last week I told you I would begin to talk about various rules we have in our firm with regard to helping "get the work done." As you know, "getting the work done" is one of the five areas that make up part of every...

Default judgment set aside despite failure to respond.
October 20, 2004... Byline: Erin Suess Failure to respond to a petition is not reason enough for a trial court to enter a default judgment against someone who has participated in the legal matter in all other respects, ruled the Missouri Court of Appeals,...

4th Circuit affirms pro rata liability for insurers in asbestos cases.
October 20, 2004... Byline: Barbara Grzincic Insurance companies that covered an asbestos-installing firm are not responsible for "all sums" payable by their bankrupt insured, the 4th U.S. Circuit Court of Appeals has held. Instead, each insurer must pay...

Realtors worry about possible state tax increase.
October 20, 2004... Byline: James Monahan Trade associations work to protect their members and their turf. To that end, the leadership of the St. Charles County Association of Realtors is keeping an eye on possible state legislative initiatives that could...

Commentary: Running a half marathon is similar to the practice of law.
October 20, 2004... Byline: Bob Barton This past Sunday I did something I had never done before: I ran a half marathon. The 13.1 mile race in Des Moines was definitely a challenge (but I'm sure not nearly as much as it was for the guy dressed as a Scottish...

Missouri Court of Appeals defines "customer" in equitable garnishment case.
October 21, 2004... Byline: Stephanie Mitchum Murphy Even though a 16 year-old driver's grandmother was paying for his truck, he was still considered the dealership's customer when he wrecked the truck before it was paid for and injured two people in another...

Illinois appellate court finds dismissal based on res judicata and waiver improper.
October 21, 2004... Byline: Emily Umbright Dismissing a petition for post-conviction relief based on res judicata and waiver is improper in the early, "gist" stage of an appeal, the Appellate Court of Illinois, Fifth District, ruled at the end of last month....

O'Fallon man finds new career opportunity in real estate franchise.
October 21, 2004... Byline: Mike Nixon Mark Griessel wanted to start his own business. As a manager with GMAC he knew how to deal with people and with the real estate market holding an influential place in the economy he recognized an appealing prospect for...

Commentary: Finding a place in life that has financial rewards.
October 21, 2004... Byline: David Clogg In Webster's New World Dictionary and Thesaurus, the editors list the following as types of investments: stocks, bonds, securities, property, real estate, mortgage, capital, mutual funds, hedge funds, debentures,...

KC attorney to receive Gerry Spence award.
October 22, 2004... Byline: Stephanie Mitchum Murphy Defense attorney Elle Sullivant is an "underdogger." And she will use every means possible to fight for those people whom some would consider "the bad guys." "Something happens when they hire me,"...

Golf cart designated a motor vehicle in driver's license suspension case.
October 22, 2004... Byline: Donna Walter The Missouri Court of Appeals, Eastern District, upheld a driver's license suspension in a case that turned on the definitions of motor vehicle and public highways. James S. Covert, the driver, and several children...

Lenders and lawyers respond to policy change.
October 22, 2004... Byline: Mike Nixon As of Oct. 31, 2004 Fannie Mae will no longer purchase mortgages that include mandatory arbitration clauses. This government sponsored agency has followed the lead of Freddie Mac, which stopped buying loans containing...

Commentary: Participatory voting comparable to investing for future use.
October 22, 2004... Byline: Mike Nixon Those little saucers next to cash registers in some restaurants have become a common cultural fixture. And patrons that readily identify themselves as common folks, who just work, pay taxes and frequent those eateries,...

Commentary: Construction and the American Dream.
October 22, 2004... Byline: Donald Croysdale Economist Bruce Bartlett wrote recently about the American Dream - whether people still believe in it, is it achievable and what it means. For most people, the American Dream means a good job and financial...

Two attorneys receive Lawyers Assn. of Kansas City Whittaker Award.
October 25, 2004... Byline: Stephanie Mitchum Murphy Two Kansas City attorneys were named this year's recipients of The Charles Evans Whittaker Award at a Lawyers Association of Kansas City luncheon at the Westin Crown Center last week. Heywood "Woody"...

U.S. Court rules copyright, fair use positions not clear in suit over test materials.
October 25, 2004... Byline: Erin Suess Questions still surround reference materials used to study for the Project Management Professional exam, making summary judgment inappropriate, ruled the 8th U.S. Circuit Court of Appeals, citing unclear copyright and...

Criminal law study advised for corporate clients.
October 25, 2004... Byline: Emily Umbright Federal practitioners walked out of the Millennium Hotel in St. Louis last Friday not only armed with knowledge gleaned from a judges' roundtable and seminars on electronic discovery and professional responsibility...

Commentary: 5 Tips to Heat up Your Legal Skills.
October 25, 2004... Byline: Erika Wirken While the weather is getting cooler, here are five ways for young lawyers to make their legal skills hot. 1. CLEs. Continuing Legal Education is required for all attorneys but the hours that you choose to attend...

Commentary: Screening clients is an important part of being attorney.
October 25, 2004... Byline: Pamela Pepper When I was in college, I did not study what one's parents might consider "practical" or "useful." I did not study economics, business, accounting, or marketing. I did not even study teaching, or early childhood...

Seed-breeding joint venture contract is enforceable.
October 26, 2004... Byline: Donna Walter An 8th Circuit decision interpreting a 1986 contract between two seed-breeding corporations is a lesson to anyone who would sign a contract believing some provisions to be unenforceable. The two parties to the...

8th Circuit upholds summary judgment for racial discrimination.
October 26, 2004... Byline: Erin Suess Claiming racial discrimination after every disciplinary action without corroborating evidence leaves one firefighter without a legal leg to stand on, ruled the 8th U.S. Circuit Court of Appeals. The firefighter,...

Executive Forum seminar focuses on workers' comp.
October 26, 2004... Byline: Amy Amour More than 30 small-business owners in St. Charles County attended an Executive Forum seminar, titled "Current Trends in Human Relations," Wednesday morning at the Economic Development Center of St. Charles County and...

Commentary: Returning phone calls is a must in office management.
October 26, 2004... Byline: Jim Wirken Last week I began to talk about one of the various rules we have in our firm for helping "get the work done." As you know, "getting the work done" is one of the five areas that make up part of every business in the...