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

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

Helmets to Hardhats prepared to help returning Missouri soldiers.
October 1, 2005... Byline: Erin Suess (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) As many of the men and women in the armed forces return from their time in Iraq and Afghanistan, they are...

Building groups around the country pitch in to rebuild.
October 1, 2005... Byline: Brian Johnson (This article originally ran in Finance and Commerce, Minneapolis, MN, another Dolan Media publication.) Construction contractors who help with search recovery, cleanup and other disaster-related efforts would be...

U.S. Supreme Court faces many controversial cases.
October 1, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) With a new justice in the line-up for the first time in 11 years, the U.S. Supreme Court will begin its new...

Commentary: America's forgotten deserve much better than this.
October 1, 2005... Byline: Candace Doyle (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publication.) A picture may be worth a thousand words to most, but not to me. Words are what matter, what stir my soul....

Ortho Evra birth control patch concerns gather steam.
October 3, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) So far, there is only a smattering of lawsuits alleging that Ortho-McNeil Pharmaceutical failed to adequately...

Viewing housing's impact from the other side.
October 3, 2005... Byline: Brandice J. O'Brien (This article originally ran in The Journal Record, Oklahoma City, OK., another Dolan Media publication).Housing is traditionally the result of booming business. Now, entertain the idea of building houses...

New term, more hot button issues for the Supreme Court to address.
October 3, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Coming off a term that resulted in a significant amount of public criticism, the U.S. Supreme Court will decide...

Commentary: Educated Investor-No asset class rises without corrections.
October 3, 2005... Byline: David Clogg (This article originally appeared in The Daily Record, Baltimore, MD, another Dolan Media publication).Since everyone else is talking about it, I guess I may as well offer my thoughts on the pending real estate bubble....

Commentary: Why I love an oil crisis.
October 3, 2005... Byline: Roger Friskey It's not that I'm delighted when I see people paying more than $60 each time they fill up their SUVS. I drive a vintage Buick Riviera with truly pitiful gas mileage, so high prices at the pump squeeze me just as...

MO Court of Appeals Western District denies nephew chance to administer estate.
October 4, 2005... Byline: Denise G. Callahan A man who financially exploited his elderly aunt during the last few years of her life was rejected as the conservator of her estate, the Missouri Court of Appeals Western District ruled. In the Matter of...

Former K.C. municipal judge sentenced to 28 months in prison.
October 4, 2005... Byline: KC Daily Record Staff A former Kansas City Municipal Court judge was sentenced last week to more than two years in jail for a fraud scheme that involved soliciting money from attorneys. U.S. District Judge Howard F. Sachs...

School law not exactly elementary.
October 4, 2005... Byline: Amanda C. Tinnin Not so long ago, many school districts were mostly concerned with the three Rs: reading, 'riting and 'rithmetic. Today, many learning institutions are finding they have to be aware of 2 more letters: a fourth R for...

Commentary: Keep track of your cash flow on a daily basis.
October 4, 2005... Byline: Jim Wirken We are continuing to talk about the fourth area that makes up the five areas of every business in the world which is "billing." You will remember the other four areas are: "Clients" or "customers"; "Administration";...

Federal appeals judge, prosecutor debate expiring provisions of USA Patriot Act.
October 5, 2005... Byline: Emily Umbright (This article originally ran in St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) What started as a discussion between a federal appellate judge and a federal prosecutor on expiring...

Young Lawyers' Section of the MO. Bar gives back to K.C.
October 5, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Kansas City area women's shelters received last week thousands of dollars in clothing,...

More law firms designating their own in-house general counsel.
October 5, 2005... Byline: Jane Pribeck (This article originally ran in Minnesota Lawyer, Minneapolis, MN, another Dolan Media publication.) George and Ira Gershwin wrote a familiar song about the comfort of having "someone to watch over me." Though...

Commentary: Kicking it up a notch: Adding zip to your PowerPoint presentations.
October 5, 2005... Byline: Christine Ann Hughes I have been truly amazed how easy and simple it is for a novice, such as myself, to be able to prepare professional-quality PowerPoint presentations. I recently visited my local CompUSA store and purchased a...

Nonresidential starts fuel big month for builders.
October 5, 2005... Byline: Daily Journal of Commerce staff (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) A 6 percent jump in new nonresidential construction starts during August was the big...

MO Court of Appeals, Eastern District, overturns decision involving contract dispute.
October 6, 2005... Byline: Erin Suess In a showdown between seemingly conflicting statutes governing venue, the newest, most specific law will always trump the more general of two, explained the Missouri Court of Appeals, Eastern District, which overturned a...

Missouri economy grows to highest level in six months.
October 6, 2005... Byline: St. Louis Daily Record Staff Missouri's economy grew in September to its highest level in six months, according to a national index that measures key economic indicators. The Purchasing Manager Index for Missouri was 59.8, up from...

U.S. District Court rejects dismissing Amway Corporation case.
October 6, 2005... Byline: John DeMoor Plaintiffs in an anti-trust case against Amway Corporation won an early battle when a federal judge refused to dismiss the case and force it into arbitration. U.S. District Court Judge Richard Dorr's decision on...

9th Circuit rules police can't search home pursuant to terms of defendant's pretrial release.
October 6, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Police violated the Fourth Amendment when they searched the home of a drug defendant without probable cause,...

Commentary: Explore options to prepay a funeral.
October 6, 2005... Byline: Gary Williams (This article was originally publishes in The Daily Record, Baltimore, MD, another Dolan Media publication.) Preplanning your own funeral, while difficult for most of us, can help ease the emotional and financial...

Insufficient evidence of extrinsic fraud leads to reversal in W. District Court of Appeals.
October 7, 2005... Byline: Denise G. Callahan In the best interest of a child, the state of Missouri defended a mother who fooled a man into thinking he had fathered a son. In State of Missouri ex rel. Misty Lowry v. Richard Carter, the Department of...

Hurricanes should not affect funding for Missouri highway projects.
October 7, 2005... Byline: Mike Trask (This article originally ran in St. Charles County Business Record, St. Louis, MO, another Dolan Media publication.) Despite news reports and complaints about the level of so-called pork in the highway bill recently...

American Bar Assn. meeting to cover DNA evidence, witness intimidation.
October 7, 2005... Byline: KC Daily Record Staff DNA evidence is proving to be monumental in criminal case after criminal case, leading to the conviction of some - and the freeing of others, sometimes after they have spent years in jail. And what can be...

Controversy hasn't stopped Habitat for Humanity International founder Millard Fuller.
October 7, 2005... Byline: Bill Clements (This article originally ran in Finance and Commerce, Minneapolis, MN, another Dolan Media publication.) Whatever the exact reasons behind Millard Fuller's exit from Habitat for Humanity International, no one can...

Commentary: FEMA could learn from engineers.
October 7, 2005... Byline: Randy Crump (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publicaiton.) I am an engineer and proud of it. While I am not a Professional Engineer, I was honored a few years ago to join...

Breast cancer resources are available year-round in Kansas City.
October 8, 2005... Byline: Becky Brown Editor's note: This is the first in a series of Saturday stories for October that highlight Breast Cancer Awareness Month. October is Breast Cancer Awareness Month. Fountains are flowing pink and retail outlets are...

Task force study says eminent domain process in Missouri could be fairer.
October 8, 2005... Byline: Mike Trask A task force appointed by Gov. Matt Blunt earlier this year believes some abuse of eminent domain has occurred in Missouri and that the process can be made fairer to property owners. The task force this week released...

Changes in federal patent law loom: Legislation may generate rush of applications.
October 8, 2005... Byline: Lora Volkert (This article originally ran in Idaho Business Review, Boise, Idaho, another Dolan Media publication). Proposed changes to intellectual property law may provoke a race to the patent office, according to one Boise,...

Commentary: Heads up: Taking time outs in depositions.
October 8, 2005... Byline: Paul Sandler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) In the midst of a deposition, opposing counsel's questions are causing your client to unravel. Growing increasingly...

Commentary: Retaliation: An employee's second try under Title VII.
October 8, 2005... Byline: John Finerty (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication).Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of a number of protected...

MO Court of Appeals Western District reversal puts power plant in jeopardy.
October 10, 2005... Byline: Denise G. Callahan A new $140 million natural gas fired peaking facility in Cass County is in danger of being destroyed after a recent ruling by the Missouri Court of Appeals Western District. In StopAquila.org v. City of...

Judicial Conference approves new Federal Rules of Civil Procedure.
October 10, 2005... Byline: Correy E. Stephenson Proposed changes to the Federal Rules of Civil Procedure moved one step closer to passage last month when the Judicial Conference approved controversial new Rule 32.1, which would allow lawyers in all circuits...

Missouri judiciary, employees assist in hurricane relief.
October 10, 2005... Byline: Missouri Lawyers Weekly Staff In the wake of devastating hurricane damage on the Gulf Coast, employees of the Supreme Court of Missouri and its administrative arm, the Office of State Courts Administrator, raised $3,300 for the...

Commentary: The 'inevitable registration or refusal' approach to copyrights.
October 10, 2005... Byline: Jim Astrachan (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication).No one who knows will dispute that registration of a work is not a prerequisite to copyright. Folks just seem to know...

Commentary: Get specific when landing chip shots.
October 10, 2005... Byline: Joe Rahnis (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Throughout the course of the round, most golfers are going to miss almost as many greens as they will hit with their...

MO Court of Appeals, Western District , rules timing of voluntary dismissal made it valid.
October 11, 2005... Byline: Joy Simmons The Missouri Court of Appeals for the Western District ruled a trial court lost jurisdiction to grant partial summary judgment following the filing of voluntary dismissal under Rule 67.02. At issue in the case was...

Missouri Supreme Court approves lawyer advertising rule changes.
October 11, 2005... Byline: Charles Emerick A new set of ethical guidelines recently approved by the state's highest court will soon change the way lawyers advertise in Missouri. Effective Jan. 1, the rules, which were adopted by the Missouri Supreme...

Defibrillator suits are on the rise.
October 11, 2005... Byline: Reni Gertner (This article originally was published in Lawyers Weekly USA, another Dolan Media publication). A new wave of defibrillator litigation is starting to attack businesses that have the devices but don't use them - or...

Commentary: A daily look at your trust accounts and receipts.
October 11, 2005... Byline: Jim Wirken We are continuing to talk about the fourth area that makes up the five areas of every business in the world which is "billing." You will remember the other four areas are: "Clients" or "customers"; "Administration";...

Video conferencing gains ground in legal community.
October 12, 2005... Byline: Amanda C. Tinnin (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Video conferencing is nothing new to the business world. Two or more people, hundreds of miles apart,...

Rae Jean McCall new president of Conference of Metropolitan Bar Associations.
October 12, 2005... Byline: Charles Emerick Rae Jean McCall was recently elected president of the Conference of Metropolitan Bar Associations. McCall, executive director of the Kansas City Metropolitan Bar Association, was picked during the association's...

MO's Mount Pleasant Winery awarded 2005 Governor's Cup for its 2003 Norton wine.
October 12, 2005... Byline: Kathleen T. Brady St. Charles County has bragging rights for producing the best wine in the state. Mount Pleasant Winery, located in Augusta, has been awarded the 2005 Governor's Cup for its 2003 Norton wine. The award was...

Commentary: Put your computer to sleep - humanely.
October 12, 2005... Byline: Rick Edvalson (This article originally ran in the Idaho Business Review, Boise, ID, another Dolan Media publication.) The Department of Energy recently urged all Americans to "change a light and change the world." According to...

Can state be reimbursed for entire Medicaid settlement?
October 12, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Is a state agency seeking reimbursement of Medicaid benefits paid to an accident victim entitled to...

Gard named to lead Dolan Media's Missouri operations, Tedesco promoted to head Missouri Public Notice Network.(Public Notice)
October 13, 2005... Byline: KC Daily Record Staff Veteran law journalist and publishing executive S. Richard Gard, Jr. has been named president and publisher of Dolan Media Company's newly consolidated Missouri publishing operations, including Missouri...

Companies resorting to outside background checks on applicants.
October 13, 2005... Byline: Claude Solnik (This story was originally published in the Long Island Business News, Long Island, NY, another Dolan Media publication.) On paper, he was the ideal candidate. His resume identified him as a sharp accounting...

Divorce lawyers promote model parenting plan.
October 13, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) When parents with children divorce, their relationship is rarely over. Until the children are old...

Commentary: Bankruptcy Noire - Life after October 17.
October 13, 2005... Byline: Gary D. Bollinger (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) I. Stan Spade, Debt Relief Agent It was October 17, 2005 and a chill wind was blowing off Lake...

KC's Downtown Council unveils new plan for baseball stadium.
October 14, 2005... Byline: Charles Emerick A group for the continued revitalization of downtown Kansas City revealed its plans earlier this week for a new baseball stadium. The Downtown Council and its chairman Jon Copaken presented a plan for moving the...

Experts disagree on whether green construction costs more.
October 14, 2005... Byline: Alison Ryan (This article was orginally published in the Daily Journal of Commerce, Portland, Ore., another Dolan Media publication). Even as the word LEED becomes synonymous with green building, discussion over whether it...

New Habitat for Humanity CEO receives baptism by hurricane.
October 14, 2005... Byline: Bill Clements (This article was originally published in Finance and Commerce, Minneapolis, Minn., another Dolan Media publication). Jonathan Reckford had his first three months as CEO of Habitat for Humanity International all...

Commentary: It's what you save that counts.
October 14, 2005... Byline: David Clogg (This article was originally published in The Daily Record, Baltimore, Md., another Dolan Media publication). Recently I was invited to speak to a group of highly paid individuals employed by a company in Columbia,...

Survey finds business world changes impact law firms.
October 15, 2005... Byline: Erin Suess (This article originally ran in the St. Charles County Business Journal, St. Louis, MO, another Dolan Media publication.) The business world is ever changing, be it through technological advances, government...

October 21st is National Mammography Day.
October 15, 2005... Byline: Becky Brown Editor's note: This continues a series of Saturday stories for October that highlight Breast Cancer Awareness Month. The third Friday in October is quickly approaching, and that can only mean one thing: National...

Retail Therapy Shopping Card provides shopping discounts while funding breast cancer programs.
October 15, 2005... Byline: Becky Brown Editor's note: This continues a series of Saturday stories for October that highlight Breast Cancer Awareness Month. Saving money has never been so easy - or so powerful. With Back in the Swing Retail Therapy,...

Commentary: How to structure your business sale transaction.
October 15, 2005... Byline: Chuck Morton (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) People often picture negotiations between buyer and seller in the sale of a business as intense, in-person...

Can growing quickly be a bad thing for a business?
October 15, 2005... Byline: James Monahan (This article originally ran in the St. Charles County Business Journal, St. Louis, MO, another Dolan Media publication.) Many businesses have failed because they couldn't grow fast enough. But can a business fail...

Court of Appeals, Western District finally finalizes protracted dissolution dispute.
October 17, 2005... Byline: Denise G. Callahan It seems when big money is involved, divorce disputes can drag on. The case Harry B. Cohen, M.D. v. Ann M. Cohen has spanned six years and prompted two appearances before the Western District Court of...

Report by business-lobbying group says MO businesses pay their fair share in state taxes.
October 17, 2005... Byline: Mike Trask Elected Democratic and Republican officials, both on a state and federal level, constantly argue about whether businesses in this country pay enough in taxes. Following the heels on that debate is a report by a...

Former Fortune 500 executive heads MO sales team.
October 17, 2005... Byline: St. Louis Daily Record Staff Kevin Stover, a former senior executive with Fortune 500 companies, has been named to the new sales management position within the Missouri Department of Economic Development's Business and Community...

Commentary: Educated Investor: Addicted consumer is the problem, not the real estate bubble.
October 17, 2005... Byline: David Clogg (This article originally ran in the Baltimore Record, Baltimore, MD., another Dolan Media publication). Seems like everyone is still talking about the coming housing bust and how it will affect our economy. As...

8th Circuit finds law school debt undermined woman's mental health.
October 18, 2005... Byline: Geri L. Dreiling Where a woman's law school debt undermined her already fragile mental health, it was an undue hardship to deny her a discharge of the student loans in bankruptcy, the U.S. Eighth Circuit Court of Appeals ruled in a...

Early signs good for holiday retail.
October 18, 2005... Byline: Kara Kridler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Halloween isn't even here yet and already retail industry watchers are predicting this year's holiday shopping...

The history behind the Medicare caps.
October 18, 2005... Byline: Marylou Doehrman (This article originally ran in the Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication.) Congress began debating the Medicare caps it imposed on rehabilitation services...

Commentary: Keep an eye on your operating expenses.
October 18, 2005... Byline: Jim Wirken We have almost completed talking about the fourth of five areas that make up every business in the world, which is "billing." You know the other four areas are: "Clients" or "customers"; "Administration"; "Getting the...

Online pharmacies are new vehicle for raising some old legal issues.
October 19, 2005... Byline: Amanda C. Tinnin (This article was originally published in Missouri Lawyers Weekly, another Dolan Media publication.) Discount prescription drugs fast! No doctor needed! It's not hard to find a statement like this. Check...

Keeping your clients happy will keep your practice afloat.
October 19, 2005... Byline: Michelle Lore (This article was orginally published in Minnesota Lawyer, Minneapolis, Minn., another Dolan Media publication.) Maintaining good relationships with clients is more than just good business, it's a necessity for a...

U.S. Dept. of Justice: National Association of Realtors hinders competition.
October 19, 2005... Byline: St. Louis Daily Record Staff The U.S. Department of Justice's Antitrust Division filed a lawsuit against the National Association of Realtors, challenging a policy that obstructs real estate brokers who use Internet-based tools to...

Commentary: I gots what I gots - at least for now.
October 19, 2005... Byline: Bob Barton Late last month, I spent five days biking the Katy Trail with eight friends. The Trail is a Missouri state park which came about when the old Missouri-Kansas-Texas Railroad (the "Katy") abandoned part of its line and...

Missouri family support division had right to request modification.
October 20, 2005... Byline: John DeMoor The state family support division had the right to intervene on behalf of a mother who requested a modification of a child support order under Section 454.400.2 even though the parents were not public assistance...

New sentencing tool aimed at assisting judiciary.
October 20, 2005... Byline: KC Daily Record Staff Missouri will launch a new pre-sentence investigation format Nov. 1 that will provide judges with information for making effective sentencing decisions. The Missouri Sentencing Advisory Commission (MOSAC)...

8th Circuit rules missing records were not prejudicial.
October 20, 2005... Byline: Emily Umbright A Missouri man did not receive ineffective assistance of counsel during his trial for the murder of his live-in girlfriend, said the 8th U.S. Circuit Court of Appeals on Monday. The decision in Paul Max...

Jackson County jury awards $37,000 for injury to hockey spectator.
October 20, 2005... Byline: Shannon French A Liberty woman struck in the head by a hockey puck was awarded $37,000 by a Jackson County jury. In Lori and Lyle Wilson v. City of Kansas City, Mo. et al, a jury gave a partial award to the plaintiffs. In...

Plaintiff turns down $200K, awarded $35,000.
October 20, 2005... Byline: Shannon French After turning down an offer of $200,000, a man injured in a car accident received only $35,000 from a Jackson County jury. Zane P. Wehner was rear ended by Justin G. Taylor's sport utility vehicle on Langsford...

Failure to wear hardhat leads to defense verdict.
October 20, 2005... Byline: Shannon French A construction worker injured on the job while not wearing his hardhat lost in his lawsuit seeking $90,000. While working on cementing streets in a new subdivision in Independence on March 27, 2000, R.L. Thomas...

Jackson County jury finds doctor not responsible for pudendal nerve injury.
October 20, 2005... Byline: Charles Emerick A local doctor was found not to be negligent by a Jackson County jury in a medical malpractice case. Stacy Ann Moretti claimed Alexander G.P. Capelli, M.D. botched her vaginal hysterectomy in September 2000 and...

Commentary: Are you a manager or a monkey keeper?
October 20, 2005... Byline: Satish B. Parekh This column is about delegation or getting superior results by perfecting the art of becoming lazy. This is particularly applicable to the senior executives and managers. Review your calendar for the past three...

Chapter 353 tax abatement rule 'clarified' by MO Court of Appeals.
October 21, 2005... Byline: Charles Emerick A recent ruling by the Missouri Court of Appeals Western District clears the air on which year the tax abatement process should begin in Kansas City, Mo. In BHA Group Holding Inc. v. Michael Pendergast, et al,...

Procedural questions remain 17 years after shooting incident.
October 21, 2005... Byline: Denise G. Callahan The murder and assault occurred almost 17 years ago, but defendant Mark Broom is still arguing procedural problems before the Western District Court of Appeals. Assistant Appellate Defender Ruth B. Sanders,...

Worker injured when head touched power line.
October 21, 2005... Byline: Missouri Lawyers Weekly Staff A man who was injured at work when he came into contact with a power line has settled his Jackson County personal injury case against the energy company. Patrick J. Lowery, 43, worked as a...

Commentary: Tax burden reveals importance of business to government.
October 21, 2005... Byline: Mike Nixon "The chief business of America is business." Calvin Coolidge probably never realized the degree to which his words in 1924 would become a common understanding 81 years later as not only federal but state and local...