Daily Record (Kansas City, MO) articles from October 2008

Daily Record (Kansas City, MO) archives from October 2008

Missouri Court of Appeals Western District sides with Kansas City in contract dispute.
October 1, 2008... Byline: Charles Emerick A panel of appellate judges affirmed the dismissal of a lawsuit challenging last year's employment contract to Kansas City's City Manager Wayne Cauthen. The Missouri Court of Appeals Western District agreed with a...

Large Missouri voter turnout expected.
October 1, 2008... Byline: Donna Walter Expecting an 80 percent voter turnout for the November election, Missouri officials say they've been working long hours to ensure that the election runs smoothly. The hotly contested presidential race between...

Missouri Supreme Court orders quick trial for St. Louis man.
October 1, 2008... Byline: Kelly Wiese The Missouri Supreme Court has ordered the St. Louis Circuit Court to give a man his trial within 30 days, or show a reason why he should not be released. The court on Tuesday ordered the lower court to proceed quickly...

U.S. Sen. Ted Stevens's prosecutors ask federal judge not to dismiss charges.
October 1, 2008... Byline: Bloomberg News Prosecutors denied hiding evidence in U.S. Sen. Ted Stevens's criminal trial and asked the judge to reject the senator's request to dismiss the charges or grant a mistrial. Prosecutors, in court papers filed Tuesday...

Independence law firm representing popcorn consumers suing for injuries.
October 2, 2008... Byline: Charles Emerick A disease once thought to have only sickened workers at popcorn factories is now becoming the subject of lawsuits filed by consumers of the buttery snack. Bronchiolitis obliterans, or popcorn lung, is being claimed...

Cyberbullying lawsuit filed in St. Louis County.
October 2, 2008... Byline: Angela Riley Another case of cyberbullying has arisen out of St. Louis. A St. Louis father alleges in a petition filed in St. Louis County Circuit Court that someone used a Facebook account to harass his daughter who struggles with...

St. Louis Rams sued by EEOC.
October 2, 2008... Byline: Donna Walter When the St. Louis Rams fired a long-time employee with a seizure disorder, it violated the Americans with Disabilities Act's prohibition of disability discrimination, the Equal Employment Opportunity Commission said...

St. Charles judge fined for role in alleged bribe.
October 2, 2008... Byline: Allison Retka A former assistant prosecutor investigated for an alleged bribe involving an autographed baseball has been reprimanded by the Missouri Supreme Court and ordered to pay a $750 fine. A state disciplinary panel found...

Alleged conflict of interest spawns filing of lawsuit in St. Louis County Circuit Court.
October 3, 2008... Byline: Angela Riley A former director with St. John's Mercy Health System is suing the Lowenbaum Partnership for failing to provide adequate legal counsel when the law firm represented both the employee and employer in a sexual harassment...

Man wants Mo. Supreme Court to overturn his conviction over out-of-court statements.
October 3, 2008... Byline: Kelly Wiese Supreme Court judges reacted with skepticism to a man's argument that his conviction for child molestation should be tossed because the child's out-of-court statements were allowed. The man argued that a 2004 U.S....

Federal Findings: Sanctions sought for lawyer's trial behavior.
October 3, 2008... Byline: Charles Emerick The attorneys for a man who recently won a $16 million jury verdict are now seeking sanctions against a defense attorney for his actions at trial. James Ensz, of Ensz & Jester, is accused of committing dozens of...

U.S. Attorney's Office in Missouri indicts three for loan fraud.
October 3, 2008... Byline: Donna Walter The U.S. Attorney's Office indicted three people for mortgage fraud, including a father and son, involving the multimillion dollar sales of 12 local properties. U.S. Attorney Catherine Hanaway made the announcement...

Missouri teachers reflect on Hazelwood decision which allowed administrators to censor school papers.
October 6, 2008... Byline: Angela Riley It's not every day that a U.S. Supreme Court decision arising out of your own backyard has resounding implications 20 years later. Today marks the start of the new Supreme Court session, and this year is the 20th...

Kansas City Courthouse Roundup: October 6, 2008.
October 6, 2008... Byline: Charles Emerick A woman who claimed she was regularly sexually harassed by employees of the Kansas City Wizards soccer team dismissed her lawsuit last week. Kathryn Carver filed the suit three months ago against the team's...

CEO of St. Louis-based Engineered Support Systems sentenced for backdating stock options.
October 6, 2008... Byline: Donna Walter Michael Shanahan Sr. was sentenced to three years of probation and ordered to pay $7.8 million in restitution for backdating stock options at Engineered Support Systems. He was also ordered to pay a $40,000 fine....

Commentary: Going easy on Sarah Palin? Say it ain't so Joe.
October 6, 2008... Byline: Craig Napier Like many of us Americans I tuned in last Thursday night to watch the debate between vice presidential candidates Sarah Palin and Joe Biden. I have been watching more of the talking-head-24-hours-a-day news lately...

Kansas City Lawyers in the News: October 6, 2008.
October 6, 2008... Byline: The Daily Record Staff Shook's Cotton picked to chair e-discovery committee Chris Cotton, a partner in the Kansas City office of Shook, Hardy & Bacon, was selected to chair the Defense Research Institute's Electronic Discovery...

Missouri Gov. Matt Blunt to interview court candidates.
October 7, 2008... Byline: The (Kansas City) Daily Record Staff Gov. Matt Blunt plans to interview the three candidates for the Missouri Supreme Court today as his 60-day window to make his selection wanes. An important part of this extensive review...

Attorney sentenced for defrauding North Kansas City bank.
October 7, 2008... Byline: The (Kansas City) Daily Record Staff A lawyer who pleaded guilty to defrauding a North Kansas City bank will spend more than four years in prison. Dawn Renee Harpster, 38, of Kidder, received a sentence of four years and two months...

Law restricting sex offenders' movements on Halloween challenged in U.S. District Court in St. Louis.
October 7, 2008... Byline: Donna Walter The American Civil Liberties Union wants a federal court to declare unconstitutional a new Missouri law requiring registered sex offenders to avoid all Halloween-related contact with children. In addition to avoiding...

Barber's family to settle in U.S. District Court with hairspray makers.
October 7, 2008... Byline: Charles Emerick A federal lawsuit claiming a barber's death was the result of a chemical found in hair products has nearly settled, according to court records. Loren Bates, of Raytown, had cut hair for about 50 years when he died...

Lethal injection challenge may rest on definitions: Rule or policy?
October 8, 2008... Byline: Donna Walter Lawyers representing death-row inmate John C. Middleton and 16 others sentenced to death asked the Missouri Supreme Court on Tuesday to require the state Department of Corrections to submit its lethal injection policy...

Missouri Court of Appeals Western District reinstates K.C. officer's suspension.
October 8, 2008... Byline: Charles Emerick The question of whether a Kansas City police officer improperly touched a detained man while collecting a urine sample left a panel of appellate judges strongly divided. Missouri Court of Appeals Western District...

Lawyer wins $100K in fees for campaign finance lawsuit in Missouri Court of Appeals Western District.
October 8, 2008... Byline: Scott Lauck More than 14 months after the Missouri Supreme Court ruled on the state's campaign finance laws, Chuck Hatfield is a step closer to getting paid for the case. The Missouri Court of Appeals Western District ruled Tuesday...

8th Circuit OKs $20.7M award over stock repurchase.
October 8, 2008... Byline: Donna Walter A federal appeals court affirmed a $20.7 million arbitration award in favor of a former Enterprise Rent-A-Car executive. The dispute arose after the Crawford Group, Enterprise's parent company, announced its intention...

Missouri Court of Appeals Western District reinstates judgment against Allstate.
October 8, 2008... Byline: Charles Emerick The Missouri Court of Appeals Western District ordered a trial court judge to reinstate a $100,000 default judgment against Allstate Insurance Co. The court on Tuesday ruled Patricia Mathers was entitled to the...

Woman sues St. Louis, Southwest Airlines for failing to use AED on father.
October 8, 2008... Byline: Angela Riley No law required St. Louis to install automatic external defibrillators throughout Lambert-St. Louis International Airport. But once it did, does the law make the city liable if the AEDs aren't used or aren't used...

16th Circuit mourns 'great loss' of Judge Kelly Moorhouse.
October 9, 2008... Byline: Charles Emerick Judge Kelly Moorhouse, a member of the Jackson County Circuit bench for more than eight years, died Tuesday night following a private fight with cancer. She was 49. Judge Ann Mesle was Moorhouse's suitemate on the...

A mission to perform: Unsolved Civil Rights Crime Act was quest of K.C. activist.
October 9, 2008... Byline: Scott Lauck Emmett Till's violent death more than half a century ago continues to reverberate in the law. On Tuesday, President George W. Bush signed the Emmett Till Unsolved Civil Rights Crime Act, which provides money for...

U.S. Supreme Court lets stand ruling allowing inmate abortions.
October 9, 2008... Byline: Kelly Wiese The U.S. Supreme Court has refused to consider the state of Missouri's appeal over its policy to deny transportation for inmates seeking an abortion. The state changed its policy in fall of 2005 and began refusing to...

8th U.S. Circuit Court of Appeals upholds $21 million verdict.
October 9, 2008... Byline: Donna Walter The 8th U.S. Circuit Court of Appeals affirmed a $21 million verdict against a St. Louis-based carbon-fiber manufacturer in a breach-of-contract lawsuit. A federal jury in St. Louis awarded Structural Polymer Group and...

Missouri gubernatorial candidates split on litigation, business climate.
October 10, 2008... Byline: Scott Lauck Missouri gubernatorial candidates Kenny Hulshof and Jay Nixon squared off Thursday over climate change. Not the kind that melts ice caps, but the type that helps or hurts businesses, depending on whom you ask. Hulshof,...

Southwest Airlines sued for detaining St. Louis woman.
October 10, 2008... Byline: Donna Walter A St. Louis woman says she was hospitalized and sedated against her will after Southwest Airlines officials told Las Vegas police the woman was suicidal when she only having a panic attack. The woman, Joung Hwa Levy,...

Suit filed in St. Louis County claims doctor on probation performed unnecessary surgery.
October 10, 2008... Byline: Angela Riley A second lawsuit has been filed against a doctor with a history of drug and alcohol abuse. In the lawsuit against Dr. Michael Impey, Des Peres Hospital and Des Peres Medical Specialists, plaintiffs George and Deborah...

Missouri Supreme Court case might clarify liability for 'integrated' systems.
October 10, 2008... Byline: Angela Riley The Missouri Supreme Court may make it easier for plaintiffs to sue parent corporations for conduct of their subsidiaries. Three cases, all involving the same issues, were heard before the court Tuesday concerning the...

Kansas City U.S. Attorney Wood creates position to fight corporate fraud.
October 10, 2008... Byline: Daily Record Staff Report Kansas City U.S. Attorney John Wood on Thursday announced the creation of a position to help his office fight corporate fraud and other white-collar crimes. Executive Assistant U.S. Attorney Dan Nelson...

'Derivative citizenship' claim in Branson turns into international incident.
October 13, 2008... Byline: Scott Lauck Proving a Samoan government official has the right to possess a U.S. passport is apparently one part legal maneuvering, one part genealogy. The Overland Park-based immigration firm of Sharma-Crawford Attorneys at Law...

Confidential settlement reached in crash near Six Flags in Missouri.
October 13, 2008... Byline: Angela Riley The remainder of the five family members killed by a dump truck driver in a fiery crash near Six Flags has reached a confidential settlement with the driver's employers. On July 29, 2005, Angela Huckaba, 30, was...

Kansas City Courthouse Roundup: October 13, 2008.
October 13, 2008... Byline: Charles Emerick A metro-area car dealer wants a possible class action lawsuit against it arbitrated. Attorneys for Lee's Summit Honda filed a notice with the Missouri Court of Appeals Western District last week. The dealership...

Commentary: In this economy, lobbying might be the ticket.
October 13, 2008... Byline: Craig Napier Somewhere in the past few weeks, the talking heads and political types in this country have started saying the R word. Recession. So, now I can expect to get a bag of nuts on the back porch from the Walter Cunninghams...

St. Louis County Circuit Court's Case.net, like court staff, takes holiday.
October 14, 2008... Byline: Angela Riley While the state and federal courts were scheduled off for Columbus Day, Case.net decided to take the day off too. The Web site was down on Monday due to a technical error. The Information Technology Department at St....

Water tower dispute settles between Greenwood and Jackson County.
October 14, 2008... Byline: Charles Emerick A federal lawsuit claiming Greenwood city officials tried to disrupt a Jackson County water district's operations is on the verge of settling. Jackson County Public Water Supply District No. 12 and two of its...

8th Circuit rules previous fine doesn't lengthen prison term.
October 14, 2008... Byline: Donna Walter The U.S. Sentencing Guidelines do not allow federal judges to add points for a defendant's criminal history when, in the prior crime, the defendant only had to pay a fine, a federal appeals court said. On Friday, the...

Man stuck with dumps in Kansas City while economy slumps.
October 15, 2008... Byline: Charles Emerick Jason Aytes thought he was making an investment when he purchased 21 Kansas City homes in 2004. Instead, Aytes claimed in a lawsuit filed in Jackson County on Friday, he soon ended up broke and bankrupt -- the...

Missouri Court of Appeals Eastern District finds official's suit against trash facility frivolous.
October 15, 2008... Byline: Angela Riley Decision doesn't address claims that county counselor violated Sunshine Law A decision from the Missouri Court of Appeals Eastern District has moved forward the construction of a controversial Fred Weber Inc. trash...

Missouri Supreme Court says PSC exceeded mandate.
October 15, 2008... Byline: Donna Walter Empire Electric customers may now challenge '07 rates A Missouri Supreme Court decision paves the way for consumers in southwestern Missouri to challenge electricity rates collected during 2007. The Public Service...

Governor Matt Blunt taps Zel Fischer for Missouri Supreme Court.
October 16, 2008... Byline: Kelly Wiese With little fanfare, Gov. Matt Blunt has tapped Associate Circuit Judge Zel Fischer for the Missouri Supreme Court. Blunt's office made the announcement with a news release Wednesday afternoon, amid a slew of releases...

Settlement in Cole County Circuit Court to give media Missouri governor's old e-mails.
October 16, 2008... Byline: Donna Walter Missouri Gov. Matt Blunt has agreed to turn over old e-mails at no cost to three news organizations that requested them. The Associated Press, Kansas City Star and St. Louis Post-Dispatch intervened in a lawsuit filed...

Kansas City man's lawsuit challenges light rail on procedural grounds.
October 16, 2008... Byline: Charles Emerick A Kansas City man is seeking judicial review of the enactment that put the light rail initiative on the Nov. 4 ballot. In an effort to stop the vote, Patrick Tuohey sued the city and the Kansas City Board of...

Big donations flow into race for Missouri attorney general.
October 16, 2008... Byline: Scott Lauck In the waning weeks of the race for Missouri attorney general, Republican Michael Gibbons and Democrat Chris Koster both showed liberal use of the state's new laws allowing contributions of unlimited size. In his...

Commentary: Fear Not...about money in the bank.
October 16, 2008... Byline: Christine Hughes I have a friend who works in the banking industry. He told me that his particular bank had a run and that, without some intervention, they would not have been able to open their doors on the following Monday. Some...

Polsinelli, Shughart approve merger, creating fourth largest firm in Missouri.
October 17, 2008... Byline: Heather Cole A merger of two Kansas City firms that will create Polsinelli Shughart is set for January. Polsinelli Shalton Flanigan Suelthaus and Shughart Thomson & Kilroy announced late Thursday that they were planning to merge....

One injured in Clayton high-rise blast.
October 17, 2008... Byline: Heather Cole and Angela Riley A bomb exploded Thursday morning in a Clayton parking garage under an office building that houses several law firms. Steve Murphy, a partner at law firm Devereux Murphy, a tenant of the Plaza in...

KC woman sues McCain-Palin over threats made by crowds.
October 17, 2008... Byline: Charles Emerick Are John McCain and Sarah Palin inciting their supporters to a point that could lead to an assassination attempt on Barack Obama? They are, according to one Kansas City woman, who sued the Republican presidential...

Groups raise tens of thousands for court plan in Springfield.
October 17, 2008... Byline: Kelly Wiese Groups formed to support an effort to add southwest Missouri's Greene County to the areas that use the Nonpartisan Court Plan to select its judges have raised tens of thousands of dollars toward the effort. Greene...

Hunt for Clayton bomber continues.
October 20, 2008... Byline: Angela Riley, Heather Cole and Donna Walter A shadowy individual wearing a trench coat and carrying balloons walked into a Clayton garage and placed a gift basket bomb next to Armstrong Teasdale senior counsel John Gillis' car the...

Missouri voters concerned about future of national judiciary.
October 20, 2008... Byline: Allison Retka Even with the floundering economy heavy on the minds of voters, a recent poll by the Federalist Society indicates Missourians are still concerned about the future of the national judiciary. In a survey of 500 likely...

Kansas City Courthouse Roundup: October 20, 2008.
October 20, 2008... Byline: Charles Emerick A Kansas City company wants a former NBA All-Star to cough up the money he owes. Latrell Sprewell, whose career was largely overshadowed by an incident in which he choked his coach during a practice, still owes...

Commentary: An economic and communications breakdown.
October 20, 2008... Byline: Craig Napier Last week was another weird one, filled with a desire to shut off the ol' thinker and run on auto pilot. Baby-momma drama early in the week, drama that seems to be working out after some calming words for my client and...

Specialty that barely existed 30 years ago is on display this week in Kansas City.
October 21, 2008... Byline: David Knopf Kansas City attorney Craig Reaves didn't set out to practice elder law, a specialty that didn't even have a name in 1980. It was by accident that Reaves, now president of the National Academy of Elder Law Attorneys...

Companies appeal a Jackson County jury's $99M verdict.
October 21, 2008... Byline: Charles Emerick The largest verdict returned by a Jackson County jury in the past four years is facing an appellate challenge. Three mortgage companies are fighting a $99 million verdict from January for their alleged role in a...

U.S. Supreme Court refuses appeal from death-row inmate.
October 21, 2008... Byline: Donna Walter The U.S. Supreme Court on Monday refused to take up the latest appeal by death-row inmate Dennis Skillicorn. I don't think he's in any immediate danger of being executed because of the lethal-injection case before the...

Cole County Circuit Judge Richard Callahan clears casino measure for ballot.
October 21, 2008... Byline: The (Kansas City) Daily Record Staff A judge has cleared the way for Missouri voters to decide whether to eliminate loss limits at Missouri casinos. Cole County Circuit Judge Richard Callahan on Monday rejected the claims of two...

Bombing in Clayton places focus on emergency planning.
October 22, 2008... Byline: Angela Riley In an instant, everyone's day changed. After the explosion in the parking garage of 190 Carondelet in Clayton last Thursday, all floors of the 16-story building had to be evacuated. Many employees in a hurry to get out...

Former U.S. Sen. John Danforth from Missouri targets ACORN, voter fraud.
October 22, 2008... Byline: Charles Emerick Election Day fraud, including its potential in Missouri, could lead to a national nightmare if it's not addressed, said one of the state's well-known political figures. During a press conference in Independence on...

Supreme Court Building in Jefferson City celebrates centennial year.
October 22, 2008... Byline: Angela Riley The celebration of the end of the Supreme Court Building's centennial year will kick off with a ribbon-cutting ceremony at 11:30 a.m. Thursday in the lobby as a rededication in honor of the historic building. Beth...

T-Mobile continues lawsuit against Missouri municipalities.
October 23, 2008... Byline: Angela Riley T-Mobile soldiers on in a fight against local taxes being levied against wireless providers by Missouri cities despite other wireless providers reaching settlement agreements with the municipalities. Last week,...

$11,000 in rewards offered for tips in Clayton bombing.
October 23, 2008... Byline: Angela Riley Two rewards totaling $11,000 are being offered in hopes of finding the person or persons responsible for the bombing that injured Armstrong Teasdale senior counsel John Gillis in Clayton last week. An anonymous donor...

Federal court rejects challenge to rebuilding of Taum Sauk hydroelectric plant in Missouri.
October 24, 2008... Byline: Donna Walter A federal appeals court on Thursday halted a challenge by environmental groups to AmerenUE's rebuilding of the Taum Sauk hydroelectric plant. A breach in the plant's upper reservoir flooded Johnson's Shut-Ins State...

Republican vice presidential nominee Sarah Palin to be deposed in St. Louis.
October 24, 2008... Byline: Angela Riley Republican vice presidential nominee Sarah Palin is expected to give her deposition in St. Louis today in a probe of allegations that she improperly fired Alaska's public safety director, according to wire services....

Federal judge to hear dispute over Missouri's sex offender restrictions.
October 27, 2008... Byline: Donna Walter The ACLU and Missouri law enforcement will face off today in federal court over the civil rights group's attempt to prevent the state from enforcing a law that bans registered sex offenders from all Halloween-related...

K.C. light rail advocates include law firms on route.
October 27, 2008... Byline: Scott Lauck When voters go the polls next week, a number of Kansas City law firms are hoping their vote for light rail is a yes. Some of the city's largest law firms have contributed a sizeable chunk of money to the campaign in...

Missouri attorneys seek better end-of-life options.
October 27, 2008... Byline: David Knopf It won't be all turkey and sweet potatoes when Reginald Turnbull's family gathers for Thanksgiving. Turnbull, a Jefferson City elder law attorney and incoming chair of the Missouri End of Life Coalition, has been known...

Commentary: Sometimes, talking to a criminal client is like talking to a 3-year-old.
October 27, 2008... Byline: Craig Napier In the please don't take your job home with you file, I have been trying to administer reasonable, results-oriented, age-appropriate discipline for the benefit of my almost 3-year-old son. I say his benefit, but I...

Jackson County Drug Court marks 15th year.
October 28, 2008... Byline: Charles Emerick As 25 graduates of the Jackson County Drug Court complete their goals this month, the program celebrates a pair of milestones that once seemed unattainable. During a ceremony on Monday, the drug court -- the first...

Halloween law in Missouri partially enjoined.
October 28, 2008... Byline: Donna Walter Sex offenders still can be required to post signs, turn off outdoor lights A federal judge on Monday granted the ACLU a preliminary injunction against enforcement of a law that prohibits registered sex offenders...

Employee claims anti-Semitic environment at Hallmark, files suit in in Jackson County Circuit Court.
October 28, 2008... Byline: Scott Lauck A former designer for Hallmark Cards has sued the Kansas City-based greeting card company, claiming he was fired in retaliation for complaining about religious and gender discrimination. According to the petition filed...

St. Louis Federalist Society Event: Obama, McCain would approach judicial selections differently.
October 28, 2008... Byline: Angela Riley With the presidential election only a week away, the St. Louis Federalist Society hosted an event that examined each candidate's potential influence on the federal judiciary. The topic was discussed because so little...

Missouri Supreme Court rules DNA on toilet paper enough to support murder conviction.
October 29, 2008... Byline: Angela Riley Appeals court is not a 'super-jury,' Judge Wolff says The Missouri Supreme Court determined Tuesday that the Court of Appeals Southern District failed to follow the correct standard of review when it reversed and...

Missouri Court of Appeals Western District rules pregnancy discrimination prohibited.
October 29, 2008... Byline: Donna Walter Western District says caselaw goes back 24 years Despite lacking any express ban, the Missouri Human Rights Act prohibits pregnancy-based discrimination -- and it has for at least 24 years, a state appeals court...

Mo. Court of Appeals Western District rules part of 2005 workers' comp change applies retroactively.
October 29, 2008... Byline: Charles Emerick The Missouri Court of Appeals Western District on Tuesday determined an administrative law judge can order a vocational examination as part of the discovery process in workers' compensation cases. In doing so, the...

Medicaid cutback challenged in Missouri Supreme Court.
October 29, 2008... Byline: Kelly Wiese Members of the state Supreme Court expressed skepticism toward the state's explanation for why a woman was tossed off a state program for those with disabilities. Andrea Bechtel, who has physical and mental...

Enforceability of arbitration clauses pondered by Missouri Supreme Court judges.
October 30, 2008... Byline: Allison Retka In one of the first cases to examine the enforceability of arbitration clauses, judges on the Missouri Supreme Court did not seem swayed by the arguments of a nursing home that includes the agreements in its admission...

Kansas City's smoking ban survives in Jackson County Circuit Court; appeal in the works.
October 30, 2008... Byline: Charles Emerick A lawsuit challenging Kansas City's smoking ban is in an unusual position following a judge's ruling that upheld the voter-approved ordinance. Jackson County Circuit Judge John O'Malley last week overruled a...