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

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

Teen courts teach lessons to young offenders about law, values.
September 1, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) For teenagers across the country, the term "jury of your peers" has taken on an important meaning. Teen courts...

Practicing law with 'virtually' no overhead.
September 1, 2005... Byline: Jane Pribeck (This article originally ran in Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) Lawyer Gary M. Young is "in awe" of anyone who goes straight from law school into his or her own solo...

8th Circuit rules state law pesticide claims not preempted by federal law.
September 1, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Federal pesticide law and regulations do not preempt state law tort claims brought by a man allegedly...

End of tax breaks, changes in corporate status looming.
September 1, 2005... Byline: Rob Larimer (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication.) Dec. 31 is the deadline for expiring tax breaks and changes for corporate status. One...

Commentary: Most often, spyware's a symptom of idle surfing.
September 1, 2005... Byline: Rick Edvalson (This article originally ran in the Idaho Business Review, Boise, ID, another Dolan Media publication.) The latest round of viruses and worms that took down the Web sites of CNN and others, notwithstanding the...

Jackson County jury does not award punitive damages to men who claimed they were falsely imprisoned.
September 1, 2005... Byline: Charles Emerick A Jackson County jury didn't award punitive damages to two men who claimed they were falsely imprisoned following an incident at Kansas City International Airport exactly two months after Sept. 11, 2001. ...

MO Dept. of Transportation reopens Paseo Bridge; Kansas City commuters celebrate.
September 2, 2005... Byline: Charles Emerick As a native of the Northland, Jody Summers has used the Paseo Bridge all of her life. So when the Missouri Department of Transportation announced earlier this week that the bridge was reopening more than two...

Several national reports indicate July construction up from same time in 2004.
September 2, 2005... Byline: Alison Ryan (This article originally ran in the Daily Journal of Commerce, Portland, OR, another Dolan Media publication.) Construction activity in July predicts a positive outlook for near-term residential and non-residential...

St. Louis-based HOK ranked No. 1 architect-engineer by Engineering News-Record.
September 2, 2005... Byline: St. Louis Daily Record Staff (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) In a year when design firms generated $24.15 billion in revenues outside their home...

Commentary: OSHA meets the Fourth Amendment.
September 2, 2005... Byline: John Finerty (This article originally ran in the Wisconsin Law Journal, Milwaukee, WI, another Dolan Media publication.) Published decisions from the United States Courts of Appeal in civil OSHA cases are relatively infrequent....

Commentary: The excellent work force - the power of training.
September 2, 2005... Byline: Wayne Belanger (This article originally ran in The Daily Reporter, Milwaukee, WI, another Dolan Media publication.) The book "Good to Great" by Jim Collins, the co-author of "Built to Last," examines the results of a five-year...

Failure to forward modification results in new trial.
September 3, 2005... Byline: Denise G. Callahan A junked jury instruction reversed a judgment in a medical malpractice case, giving the deceased woman's husband a new trial. In William Woodward v. Research Medical Center, Elsie Woodward, 79, entered the...

Active alumnus, appeals court Judge Crahan passes away.
September 3, 2005... Byline: Erin Suess Missouri Court of Appeals, Eastern District, Judge Lawrence G. Crahan died Aug. 29, at St. Luke's Hospital from complications after heart surgery. The St. Louis native was 55 years old. "It's really hard to put into...

Trial consultants' role challenged as their influence expands.
September 3, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). In the decade since the O.J. Simpson trial brought trial consultants to national prominence, their role has continued to...

Commentary: Good (and free) technology options.
September 3, 2005... Byline: Bruce L. Dorner (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). I get a fair number of positive comments about my columns dealing with free stuff that will enhance your technology prowess....

Inaccurate record-keeping leads to reduced child support award.
September 5, 2005... Byline: Denise G. Callahan Lesson to be learned in child support disputes: keep records and don't file anything unless you're sure it's accurate. It may sound like a no-brainer, but one mother whose husband has stiffed her for years...

MO Homeowner's Bill of Rights now in effect.
September 5, 2005... Byline: Leah G. Rothschild Missouri homeowners now have new legal rights to service as promised when they list their homes for sale. Supporters of a law that went into effect Sunday, Aug. 28, say it protects homeowners and enhances...

Making the transition from 'Mistmaker' to Rainmaker.
September 5, 2005... Byline: Amy Johnson Conner (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). Some people don't need a personal trainer to get in shape or a counselor from Weight Watchers to help them shed those...

Commentary: New studies: Suits by injured patients are not cause of insurance rate hikes.
September 5, 2005... Byline: Linda Miller Atkinson and Ken Suggs There has been lots of talk recently about the issue of medical malpractice verdicts and settlements, in which a jury or judge provides compensation to victims injured by a negligent doctor,...

Commentary: Correct grip is crucial to consistency in golf.
September 5, 2005... Byline: Joe Rahnis (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). If you are struggling with consistency in your ball striking and fighting a nasty hook or a slice, you may not have...

Commentary: What is an investor to do in September 2005?
September 6, 2005... Byline: David Clogg (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). It has been a little more than three years since I started writing this column. My first article appeared in August...

Commentary: Labor falls victim to old ghosts.
September 6, 2005... Byline: Martin Cantor (This article originally appeared in Long Island Business News, Long Island, NY, another Dolan Media publication). The turmoil in the U.S. organized labor movement unveiled at the recent AFL-CIO meeting in Detroit...

Court of Appeals finds no expectation of privacy in back seat of patrol car.
September 6, 2005... Byline: Denise G. Callahan The Western District Court of Appeals upheld the trial court's suppression of most statements and tipped off the defense attorney on ways to get the admitted statements tossed. Here's what happened in this...

3rd Circuit rules criminal restitution order not dischargeable.
September 6, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). A state criminal restitution order is not dischargeable in bankruptcy, the 3rd Circuit has ruled. The debtor, a...

Jury finds doctor not at fault for aorta puncture.
September 6, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication). A St. Louis County jury found a St. Louis doctor and hospital not at fault for the death of...

Education is the key to sustainable construction in residential market.
September 6, 2005... Byline: Charlie Devereux (This article originally appeared in the Vancouver Business Journal, a sister publication). When it comes to talking about sustainable construction in the residential home market, mortgage specialist and...

8th Circuit affirms drug conviction, but draws dissent.
September 7, 2005... Byline: Emily Umbright (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Guilty as charged, said the 8th U.S. Circuit Court of Appeals in affirming a three-count drug-dealing...

MO Dept. of Economic Development hopes to better sell the state to employers.
September 7, 2005... Byline: Mike Trask Republican Gov. Matt Blunt's administration wants Missouri officials to do a better job of selling itself to the business community. To accomplish that goal, the state's Department of Economic Development announced a...

Experts say pension plans are making a comeback.
September 7, 2005... Byline: Eric Berkman (This article was originally published in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Conventional wisdom says the traditional pension plan went the way of the dodo bird and the woolly mammoth...

Commentary: Many hands make a light load.
September 7, 2005... Byline: Christine Ann Hughes The events of the past week have been horrific. We have seen images of devastation and loss resulting from Hurricane Katrina. Hundreds of thousands of our fellow Americans have lost everything they possessed,...

Western District Court of Appeals adopts repudiation exception in pension accrual cases.
September 8, 2005... Byline: Denise G. Callahan Public employees have reason to rejoice since the Western District Court of Appeals adopted the federal court's "repudiation exemption" for pension accrual cases. This is the second go around at the appellate...

Early fact finding helps get dismissed case before Southern District Court of Appeals.
September 8, 2005... Byline: Geri L. Dreiling (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) It is well-settled in Missouri that to sue the Highway and Transportation Commission, a plaintiff's...

University given responsibility for enticing film production to Missouri.
September 8, 2005... Byline: Mike Trask (This article originally ran in the St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) When the feature film "The Game of Their Lives" debuted a few months ago, it garnered a fair amount of...

Jackson County jury determines stalled truck was out of traffic flow.
September 8, 2005... Byline: Charles Emerick A couple who struck a stalled truck while traveling on I-435 failed to convince a Jackson County jury that vehicle was blocking the road at the time of the accident. Brad and Sonya Wegener alleged Gregory...

Trade secrets revealed to government remain secrets.
September 9, 2005... Byline: Denise G. Callahan It may have been a trade secret case the Western District Court of Appeals decided, but the guts of this case really can't be gleaned from the dictum in the decision. In American Family Mutual Insurance Co....

ABA Section of Environment, Energy, and Resources readies for conference.
September 9, 2005... Byline: KC Daily Record Staff Up-to-the-minute information on leading environmental issues, including the future of environmental law under a new Supreme Court, the impact of Congress' controversial new energy bill, and the growing debate...

Commentary: Tired of bad news? Here's 'Happy Talk'.
September 9, 2005... Byline: Mike Boyd (This article originally ran in Colorado Springs Business Journal, Colorado Springs, Colorado, another Dolan Media publication). Vectra Bank's corporate economist Jeff Thredgold has released his semi-annual update of...

Commentary: ESOPs offer biz owners wealth, transition plan.
September 9, 2005... Byline: Ben Proctor (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). Since many of you who read The Daily Record are business owners, this month's column is geared toward you. As a...

Commentary: Likely economic consequences from Hurricane Katrina broaden, deepen.
September 9, 2005... Byline: Peter Morici (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). The national economic consequences of Hurricane Katrina will be much broader and deeper than initially estimated by...

Hours-of-service rules for long-haul trucks reinstated.
September 10, 2005... Byline: Nora Lockwood Tooher (This article originally ran in Lawyers Weekly USA, another Dolan Media publication). The Bush administration has reinstated rules extending the allowable driving hours for commercial, long-haul truckers,...

The anatomy of gas prices.
September 10, 2005... Byline: Ken Schachter (This article originally ran in Long Island Business News, Long Island, NY, another Dolan Media publication). Look in the rearview mirror. The year is 1959. The Texaco man fills your tank, checks your oil and...

Federal study criticizes Department of Energy over small business goals.
September 10, 2005... Byline: St. Louis Daily Record Staff Small businesses haven't been getting their fair share of subcontracts from contractors working with the federal Department of Energy, according to a study by the U.S. Government Accountability Office....

Commentary: The reach of the chief justice.
September 10, 2005... Byline: Paul Sandler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication). With the passing of Chief Justice William H. Rehnquist, Washington is poised for confirmation hearings on not one...

Commentary: Web helps to mobilize hurricane relief.
September 10, 2005... Byline: Larry Fiorino Popular Web sites, such as Google and Amazon, have modified their home pages to help site visitors contribute to Hurricane Katrina relief efforts. Amazon is using its secure credit card processing systems to...

Kansas City did not show material violated dumping ordinance.
September 12, 2005... Byline: Denise G. Callahan A Kansas City homeowner said his neighbors were on a witch hunt and that race played a role when they accused him of forming a landfill in his backyard, a violation of a city ordinance. In City of Kansas City...

Land surveys integral part of the property sales process.
September 12, 2005... Byline: Leah G. Rothschild Accurate land surveys are an integral part of the property sales process, and land surveyors and real estate agents in the St. Louis metropolitan area say skimping on a land survey is not in the best interest of...

Women entrepreneurs still face long-standing challenges.
September 12, 2005... Byline: Mike Trask Times have changed - to a degree. Women-owned businesses are becoming more commonplace, accounting for more than one-third of all privately held firms in the St. Louis metropolitan area. "We're seeing an increase in...

Legal job fair attracts students from across nation to Kansas City.
September 13, 2005... Byline: Charles Emerick A concept three years in the making became a reality Saturday afternoon at the Westin Crown Center. The first Heartland Diversity Legal Job Fair, an idea dreamed up by Shook, Hardy & Bacon's Tina Harris during a...

Graduate student takes on unauthorized Web site posting.
September 13, 2005... Byline: Emily Umbright The recording industry may have taken down Kazaa on behalf of artists, but who will protect students from having their term papers posted on Web sites without their permission? Graduate student Blue Macellari...

American Bar Assn. examines foster care system.
September 13, 2005... Byline: Jane Pribeck Would you be proud of your parenting skills if your child received inadequate health care, was held back in school before third grade, consistently performed below grade level, eventually dropped out and then was...

Commentary: The recap: Looking back on your work process.
September 13, 2005... Byline: Jim Wirken We are still talking about the fourth of the five areas that make up every business in the world. That area is "billing." The other four areas are: "Clients" or "customers"; "Administration"; "Getting the work done";...

Commentary: Turn your employees into entrepreneurs.
September 13, 2005... Byline: Satish B. Parekh Businesses recognize that having a trained work force is a key to sustained profitability. Progressive companies routinely allocate a significant amount of time and money for that purpose, and there are a number of...

Injured railroad conductor wins $17M in FELA case.
September 14, 2005... Byline: Anne C. Vitale (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) A railroad conductor who was injured in a falling accident has won $17 million in his St. Louis City FELA...

Missouri's unemployment rate falls below national average at 4.6 percent.
September 14, 2005... Byline: St. Charles Business Record Staff (This article originally ran in the St. Charles County Business Record, St. Louis, MO, another Dolan Media publication.) Missouri's seasonally adjusted unemployment rate in August dropped a...

Changes to ADA are on the horizon.
September 14, 2005... Byline: Correy E. Stephenson (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Fifteen years after Congress passed the Americans with Disabilities Act, the first major revisions to the...

Golfer hit by lightning can't sue golf course, rules Kansas Court of Appeals.
September 14, 2005... Byline: Lawyers Weekly USA Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) A golf course cannot be held liable for not warning golfers of an imminent storm and for failing to...

Commentary: Letter to the Editor: American Trucking Assn. supports FMCSA rules.
September 14, 2005... Byline: KC Daily Record Staff The U.S. trucking industry and our professional drivers work hard every day to safely deliver the goods Americans need and want. Contrary to statements issued in the Sept. 10 article "Hours-of-Service...

Western District COA affirms credit card judgment, remands case for frivolous appeal.
September 15, 2005... Byline: Denise G. Callahan Not only did the Western District Court of Appeals completely uphold a trial court's decision in a credit card default case, but it also threw the book at the appellant for filing a frivolous appeal. Capital...

Web site prepares America for national civics lesson.
September 15, 2005... Byline: KC Daily Record Staff A new Web site will help Americans rediscover a resilient document that has guided our nation through crises ranging from the Civil War to the current recovery from Hurricane Katrina - the U.S. Constitution....

Meeting the challenge of time-limited jury selection.
September 15, 2005... Byline: Eric Berkman (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) In a trial-lawyer Utopia, no attorneys would ever have to deliver an opening statement in front of a jury they don't...

Commentary: Guard against data disaster - Back up!
September 15, 2005... Byline: Rick Edvalson (This article originally ran in the Idaho Business Review, Boise, Idaho, another Dolan Media publication.)The destruction caused by Hurricane Katrina reinforces the need for effective backups as part of a...

Western District finds evidence of drunk driving was valid.
September 16, 2005... Byline: Denise G. Callahan While there was ample evidence for a trial judge to uphold the revocation of an accused drunk driver's license, the Western District said the defendant didn't really get his day in court so it drove the case back...

St. Louis lawyer escapes from Hurricane Katrina.
September 16, 2005... Byline: Anne C. Vitale (This article originaly ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) Tim Scheer, a criminal defense attorney in south St. Louis County, spent four harrowing days in New Orleans...

Study identifies leadership styles for top lawyers.
September 16, 2005... Byline: NY Daily Record Staff (This article originally ran in The Daily Record, Rochester, NY, another Dolan Media publication.) A new study by Hay Group, a global organizational and human resources consulting firm, shows that...

Commentary: Storm will clear new political paths.
September 16, 2005... Byline: John Kiernan (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication.) The tragedy of Sept. 11 has had an enormous impact on the lives of countless people. The families of...

Commentary: Commercial general liability insurance: The subcontractor coverage exclusion.
September 16, 2005... Byline: William A. Oden III (This article originally ran in North Carolina Lawyers Weekly, Raleigh, NC, another Dolan Media publication.) Contractors - Think your insurance will protect you from your subcontractors' mistakes? Think...

Why women should drive car-buying decisions.
September 17, 2005... Byline: Natlalie Canavor (This article originally ran in the Long Island Business News, Long Island, NY, another Dolan Media publication.) If you've bought a new car lately, you may have had an old-fashioned deflating experience that...

Commentary: Lowe's comes out on short end of survey.
September 17, 2005... Byline: Mike Boyd (This article originally ran in Colorado Springs Business Journal, Colorado Springs, CO, another Dolan Media publication.) When it comes to shopping for home improvement supplies, Home Depot beats Lowe's in a...

MO Court of Appeals, Eastern District rules deed of release demand letter did not follow the law.
September 17, 2005... Byline: Emily Umbright (This article originally ran in St. Louis Daily Record, St. Louis, MO, another Dolan Media publication.) Although a trial court agreed with a Des Peres couple that their bank failed to provide them with a deed of...

Entertainment, sports subject of American Bar Association Forum in New York.
September 17, 2005... Byline: KC Daily Record Staff What legal issues-and headaches-are raised by the development, production and licensing of reality television programs? Does the Federal Communications Commission really know indecency and profanity when it...

California jury awards intoxicated driver millions over accident involving bus.
September 17, 2005... Byline: Natalie White (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) California jury recently awarded $6 million to a man whose pickup truck was hit by a speeding bus, despite the fact...

September is National Preparedness Month in Missouri.
September 17, 2005... Byline: St. Louis Daily Record Staff September is National Preparedness Month in Missouri. The State Emergency Management Agency urges businesses and families to prepare for a disaster before it occurs. Likewise, local emergency management...

What does the new bankruptcy law have to offer?
September 19, 2005... Byline: Reni Gertner (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.) Editor's note: This is part two of a two-part series about the new "Bankruptcy Abuse Prevention and Consumer...

Builders face higher material prices after Katrina.
September 19, 2005... Byline: Brain Johnson (This article originally ran in Finance and Commerce, Minneapolis, MN, another Dolan Media publication.) Last week's reopening of the port of New Orleans is good news for the building industry, but contractors are...

Study finds high mortgage rates four times as likely for African-Americans.
September 19, 2005... Byline: North Carolina Lawyers Weekly Staff (This article originally ran in North Carolina Lawyers Weekly, Raleigh, NC, another Dolan Media publication.) African-Americans who bought homes across America last year were four times as...

Commentary: To get to the bottom of issues, we must first listen.
September 19, 2005... Byline: Louise Phipps Senft (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) Mediation is frequently described as quality dialogue. Specifically, mediation from the transformative...

MO Court of Appeals rules doctor had no standing for antitrust suit.
September 20, 2005... Byline: Denise G. Callahan Half a win is better than none, but a cardiac surgeon isn't satisfied with just a renewed trial opportunity, he may go back to the appellate division to get reconsideration on his antitrust claims. In Steven...

Possible forged motions call for removal of sanctions, rules 7th U.S. Circuit Court of Appeals.
September 20, 2005... Byline: Emily Umbright The 7th U.S. Circuit Court of Appeals vacated a set of sanctions placed upon an attorney earlier this month, finding the lower court did not provide her notice of its intent to sanction. Stemming from a...

Survey reports on most effective management techniques implemented in major law firms.
September 20, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.)A recent Altman Weil Flash Survey of AmLaw 200 Law Firm Management Techniques reports that lateral...

Commentary: Why you should audit your work in process recaps.
September 20, 2005... Byline: Jim Wirken We have been talking about the fourth area that makes up the five areas of every business in the world, this fourth area is "billing." As you know, the other four areas are: "Clients" or "customers"; "Administration";...

Commentary: The 'sophisticated' investor defense: More frequently raised than proven.
September 20, 2005... Byline: James J. Eccleston (This article originally ran in the Minnesosta Lawyer, Minneapolis, MN, another Dolan Media publication.)It seems everyone is a sophisticated investor, at least in securities arbitrations where investors seek to...

W. District Court of Appeals rules court lacked authority to override terms of separation agreement.
September 21, 2005... Byline: Denise G. Callahan Just because a maintenance modification did not contain the same restrictions doesn't mean a judge can make moot a prior requirement that a parties' separation agreement can only be tweaked if both parties agree...

Several hot-button issues should spark debate at Missouri Bar annual meeting.
September 21, 2005... Byline: Charles Emerick From judicial impartiality to tort reform to corporate misconduct, a number of hot-button issues should spark debate among attendees at the Missouri Bar/Missouri Judicial Conference 2005 Annual Meeting. The...

Missouri Bar Conference focuses on promoting judicial impartiality.
September 21, 2005... Byline: Missouri Lawyers Weekly Staff (This article originally ran in Missouri Lawyers Weekly, St. Louis, MO, another Dolan Media publication.) The focus of this year's Missouri Bar Conference will center on promoting judiciary...