Daily Record (Kansas City, MO) articles from September 2006

Daily Record (Kansas City, MO) archives from September 2006

8th Circuit rules lawyers that lended money to judge may be named.
September 1, 2006... Byline: Bridget Heos Is having your named released as a lawyer who loaned money to a judge scandalous? Perhaps, practically speaking, it is. But it doesn't fall under the "scandalous" and "defamatory" exceptions that keep bankruptcy...

Kansas City Council moves to reverse conflict in traffic court.
September 1, 2006... Byline: Charles Emerick The Kansas City Council is stepping into the traffic ticket conflict by calling for more independence for the prosecutors at the Municipal Court. Council member Deb Hermann said Thursday morning she and other...

New Jersey Supreme Court rules hypnotically refreshed testimony not admissible.
September 1, 2006... Byline: Lawyers USA Staff The hypnotically refreshed testimony of a witness in a criminal trial is generally inadmissible, the New Jersey Supreme Court has ruled. A woman who was sexually assaulted in her home provided a written...

One year later, 'Rory' decision still under attack.
September 2, 2006... Byline: Molly F. Dilbeck Declaring Rory v. Continental Insurance Co. a "complete break from solid, longstanding law," the Michigan Court of Appeals has made one thing clear: The landmark decision may be a break, but it sure can't catch...

1st Circuit allows architects' copyright suit vs.competitor.
September 2, 2006... Byline: David Frank A group of architectural designers should be allowed to sue a competitor for violating federal copyright laws by taking advantage of portions of their protected work, the 1st U.S. Circuit Court of Appeals has ruled. ...

Unwavering legal advice about waivers.
September 2, 2006... Byline: April Rockstead Barker When it comes to releases, clients may just want the forms - but they also need some instructions. Attorneys need to do more than provide their clients the documents when "deploying" exculpatory...

Virginia court rules driver can be convicted of leaving a scene even if not legally responsible.
September 2, 2006... Byline: Alan Cooper A driver can be convicted of felony leaving the scene of an accident even if he was not legally responsible for causing the crash and remained at the scene and rendered assistance after the wreck, the Virginia Court of...

Suit filed in Baltimore City Circuit Court says hospital missed cancer diagnosis.
September 2, 2006... Byline: Daniel Ostrovsky Doctors at Baltimore's Franklin Square Hospital Center failed to order follow-up tests and tell a 45-year-old woman about troubling results of two chest X-rays completed a year and a half before she was finally...

Michigan Supreme Court narrows field of 'proximate cause' choices.
September 3, 2006... Byline: Molly F. Dilbeck The Michigan Supreme Court's decision to overrule its opinion in Hagerman v. Gencorp Automotive turned on the definiteness of one article - "the." Faced with the question of whether a work-related injury was...

Failure to signal didn't justify traffic stop, justices find.
September 3, 2006... Byline: Ertel Berry Because a Charlotte, N.C., driver's failure to give a turn signal didn't affect other cars or pedestrians, there was no probable cause to pull him over, the state Supreme Court has held. The traffic stop by a city...

How to ... choose an architect.
September 3, 2006... Byline: Bernadette Starzee Choosing a licensed architect can be a challenging endeavor, especially since many companies who need to hire one have little experience in this area to help guide them through the selection process. Because...

Jackson County judge sets one trial for accused serial killer.
September 4, 2006... Byline: Charles Emerick A Jackson County judge ordered last week that accused serial killer Lorenzo Gilyard would face just one trial. Judge John R. O'Malley sustained the defense's motion to join the offenses and ruled that the court...

Lawyer faces lawsuit for borrowing boat for rescues.
September 4, 2006... Byline: Richard A. Webster In the days following Hurricane Katrina, uptown New Orleans resident Mark Morice rescued more than 200 stranded people using a boat left behind by a neighbor. "My husband is alive today because of Mark,"...

Charles E. Polk Jr. sentenced to maximum because he was a lawyer.
September 4, 2006... Byline: Geri L. Dreiling A federal judge gave former St. Louis lawyer Charles E Polk Jr. 46 months in prison at a criminal sentencing hearing Thursday in the U.S. District Court Eastern District of Missouri. Polk was also ordered to pay...

Commentary: This business keeps me busy.
September 4, 2006... Byline: Craig Napier Ten phone calls to return. A judgment to write. A motion to answer. You've got a trial coming up in a week, deposition tomorrow, and your kitchen has been completely gutted, so your house is in shambles....

Kansas City Southern Railway trial set to begin this week.
September 5, 2006... Byline: Charles Emerick Jury selection is set to begin Wednesday in a case alleging negligence against Kansas City Southern Railway for an accident in Louisiana that killed one and severely injured four others. Vacques Prud'homme, the...

Former Baltimore police officers become lawyers and launch their own practice.
September 5, 2006... Byline: Daniel Ostrovsky (This article was originally published in The Daily Record, Baltimore, another Dolan Media publication.) When three people filed two $2 million lawsuits this summer alleging they were subjected to unnecessary force...

2nd Circuit upholds ruling on New York judicial selection.
September 5, 2006... Byline: Kevin M. Momot (This article was originally published in The Daily Record, Rochester, NY, another Dolan Media publication.) Last week, the U.S. Court of Appeals for the 2nd Circuit unanimously upheld a ruling from the Eastern...

Commentary: Let go of past; embrace your efforts.
September 5, 2006... Byline: Jim Wirken One of my favorite quotes is from my wife, who I constantly tell people is one of the smartest people I know. The two of us have raised six children, and she is still raising me. She always tells the children and me, "Do...

Missouri families claim hog farms have caused "substantial damage" to their quality of life.
September 6, 2006... Byline: Charles Emerick A lawsuit brought by a dozen northwest Missouri families is scheduled to go to trial this week. The families claim that hog confinements owned and operated by ContiGroup Cos., Premium Standard Farms and PSF...

Definition of 'employer' debated in case before St. Louis County Circuit Court.
September 6, 2006... Byline: Allison Retka (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) A disabled dishwasher is suing the Renaissance St. Louis Hotel Airport for firing him and failing to...

1st Circuit rules company not required to allow employee to work remotely.
September 6, 2006... Byline: Eric Berkman (This article was originally published in Rhode Island Lawyers Weekly, Providence, R.I., another Dolan Media publication.) A manufacturer did not violate the Americans with Disabilities Act by refusing to allow an...

St. Louis Circuit judge rules school board cannot impose restrictions on board candidates.
September 6, 2006... Byline: Emily Umbright (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) William Purdy can keep his seat as vice president of the St. Louis Board of Education because the board...

2006 KC Legal Leaders announced.
September 7, 2006... Byline: Allison Sebolt Steve Gorny is running a marathon every month in 2006 to raise money for The Leukemia and Lymphoma Society. The late Hon. Cordell D. Meeks Jr. was chairman of the national board of directors of the American Lung...

St. Louis attorney ordered to pay more than $1.1M.
September 7, 2006... Byline: Donna Walter A federal judge has ordered a St. Louis attorney to pay more than $1.1 million to resolve charges of fraud and breach of contract. Senior District Judge Stephen N. Limbaugh also ordered the attorney, Gerald M....

Taunton District Court gets a whiff of pizza.
September 7, 2006... Byline: Massachusetts Lawyers Weekly staff While there are technically no limitations on what kind of evidence a lawyer can submit to a jury, a recent trial in Massachusetts' Taunton District Court shows that not every request will be...

Commentary: We're all responsible.
September 7, 2006... Byline: Christine Ann Hughes When you hear the word "professionalism" what picture comes to your mind? Do you see a tall distinguished-looking middle-age man impeccably groomed wearing a tailored suit with a white shirt and tie? There are...

Kansas City Council returns to plea bargains.
September 8, 2006... Byline: Charles Emerick The Kansas City Council adopted a resolution Thursday afternoon ordering the city attorney to once again accept defective-equipment plea bargains. Despite Mayor Kay Barnes' arguments to reject, the council...

Heartland job fair to bring students from 60 schools into Kansas City.
September 8, 2006... Byline: Charles Emerick Organizers of this weekend's Heartland Diversity Legal Job Fair anticipate building on the success from last year's award-winning inaugural event. The second annual job fair, which was created by the Kan- sas...

Study shows minority women in legal profession face 'double whammy'.
September 8, 2006... Byline: Charles Emerick Mischa Buford Epps reached her 12th year as an attorney at Shook, Hardy & Bacon on Wednesday. A dozen years with one firm may not be much cause for celebration. But what makes Epps' anniversary unique is she is...

Second Circuit rules phone records of 'NY Times' reporters not privileged.
September 8, 2006... Byline: Helen Nguyen Telephone records belonging to two New York Times reporters who obtained confidential information about the federal government's plan to search the offices of two organizations suspected of supporting terrorist...

St. Louis County jury awards secretary $850K in sexual harassment trial.
September 8, 2006... Byline: Allison Retka On the eve of a long Labor Day weekend, a jury stayed in St. Louis County Circuit Court until 8 p.m. Sept. 1 to return an $850,000 verdict to a woman in her sexual harassment case against St. Louis Community College....

Shareholder goes after former friend as suit against gallery heads to court.
September 8, 2006... Byline: Allison Retka Against a backdrop of country club visits, mink coats and astrology, a disgruntled shareholder is suing a Ballwin art gallery and its owner for alleged financial mismanagement. Deborah Harris claims former "close...

Bryan Cave firm appoints new chief financial officer.
September 8, 2006... Byline: KC Daily Record Staff Bryan Cave has promoted Michael D. Stolte to chief financial officer of the international firm's St. Louis office. Stolte previously worked for 10 years as the firm's accounting projects and tax manager....

Commentary: As salaries swell, law firms should consider impact.
September 8, 2006... Byline: Mike Hoeflich As the summer finally winds down and fall comes to Kansas City, it brings with it not only football, the Plaza Art Fair and fresh apple cider but also another recruiting season for starting associates. While hiring...

Homeless man sentenced to four years for robbery.
September 8, 2006... Byline: Daily Record Staff A homeless man was sentenced in federal court Thursday for robbing US Bank in Kansas City. Dennis Watson, 52, who is homeless, was sentenced by U.S. District Judge Ortrie D. Smith to four years and two months...

Independence man sentenced to 12 years for robbing bank.
September 8, 2006... Byline: Daily Record Staff An Independence man was sentenced in federal court Thursday for robbing the Bank of America in Raytown. John L. Heavner, 50, was sentenced by U.S. District Judge Ortrie D. Smith to 12 years and seven months...

Jury convicts gang leader of three murders.
September 8, 2006... Byline: Daily Record Staff The former leader of the 51st Street Crips was convicted by a federal jury Thursday of three murders, a drug trafficking conspiracy that included additional shootings and narcotics violations. Steve L....

Woman charged for shooting neighbor, dog during walk.
September 8, 2006... Byline: Daily Record Staff A 50-year-old Kansas City woman was charged this week with first-degree assault and armed criminal action for shooting her neighbor and his dog. According to court records, Rita J. Purnell is accused of...

K.C. woman pleads guilty to health-care fraud.
September 8, 2006... Byline: Daily Record Staff A Kansas City woman pleaded guilty in federal court to participating in a conspiracy to defraud Health Midwest's employee health-care plan administrator of more than $120,000. Bynika Ann Wells, 26, pleaded...

East Coast judge takes new seat.
September 9, 2006... Byline: David Frank "You may sit down. You may sit down now, or I'll get a court officer to make you sit down!" Those were the now-infamous instructions former Superior Court Judge Maria I. Lopez barked at Suffolk County, Mass.,...

High court won't enforce act requiring South Carolina licenses for medical experts.
September 9, 2006... Byline: Gregory Froom The South Carolina Supreme Court will not enforce legislation passed earlier this year to prevent out-of-state physicians from testifying as expert witnesses without first obtaining a South Carolina medical license....

Jury workers in Baltimore hail change, look forward to more.
September 9, 2006... Byline: Daniel Ostrovsky The union representing clerk's office employees at the Baltimore City Circuit Court has declared partial victory in its fight against the leadership and policies of Jury Commissioner Nancy Dennis and her lead...

US District Court for W. District of NY rules federal government not liable for car accident.
September 10, 2006... Byline: Helen Nguyen The U.S. government was not liable for the negligent driving of an Army reservist who hit another car while he was driving to a military training session at an Army depot, the U.S. District Court for the Western...

Court protects private e-mail to lawyer on company laptop.
September 10, 2006... Byline: Eric Berkman E-mail conversations between an employee and his lawyer, conducted via the employee's private, Web-based e-mail account but from a company-issued computer, were protected by the attorney-client privilege, a...

Jury instructions flawed in DOT negligence verdict.
September 10, 2006... Byline: Ertel Berry The appeals court has tossed out a jury verdict that held the North Carolina Department of Transportation liable for a motorist's injuries in a chain collision. The 1998 accident occurred after a DOT contractor's...

How to choose a mortgage broker.
September 10, 2006... Byline: Bernadette Starzee If you need a mortgage to finance a residential or commercial property, get ready to do your homework - there's a wide selection of lenders and loan products out there, and you'll have to shop around to find the...

St. Louis Circuit judge upholds right to change minds on petition.
September 12, 2006... Byline: Emily Umbright (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) The final leg of the effort to recall St. Louis Alderman Freeman Bosley Sr. failed Friday after St. Louis...

Sept. 11 lawsuits make way to trial in federal court.
September 12, 2006... Byline: Dick Dahl (This article was originally published in Lawyers USA, Boston, another Dolan Media publication.) To Loretta Filipov, it was never about the money. Her 70-year-old husband, Alexander, was on Flight 11 with 91...

Sept. 11 lawsuits make way to trial in federal court.
September 12, 2006... Byline: Dick Dahl

Mistakes mar St. Louis Circuit Court's docket test.
September 12, 2006... Byline: Allison Retka (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) The divisive issue of individual dockets in St. Louis Circuit Court became a little messier Thursday....

state and region briefs.
September 12, 2006... Byline: KC Daily Record Staff Man charged with thousands of marijuana plants A Daviess County man was charged in federal court Friday with attempting to manufacture marijuana. According to an affidavit, Jhanmay Molina-Perez, 27, of...

Commentary: Do what you must to focus on what's most important.
September 12, 2006... Byline: Jim Wirken I once heard that the definition of "anxiety" was having more to do than you had time allotted to complete it. In trying to figure out a way to say this to staff, fellow attorneys, clients and audiences in general, I...

Missouri man charged in federal court with attempting to manufacture marijuana.
September 12, 2006... Byline: KC Daily Record Staff A Daviess County man was charged in federal court Friday with attempting to manufacture marijuana. According to an affidavit, Jhanmay Molina-Perez, 27, of Jameson, rented the property at 14029 Highway UU...

Missouri Court of Appeals Western District adopts new special rule.
September 12, 2006... Byline: KC Daily Record Staff The Missouri Court of Appeals Western District adopted a new special rule last week. Special Rule XL outlines the procedure that the court will follow with reviewing petitions to appeal from trial court...

Jackson County Board of Election Commissioners challenges ballot question.
September 13, 2006... Byline: Charles Emerick The Jackson County Board of Election Commissioners has asked a judge to remove a question from the Nov. 7 ballot in Lee's Summit that could ban smoking in bars and restaurants. In a petition for declaratory...

Trial will decide blame in 2002 death of St. Louis firefighter.
September 13, 2006... Byline: Emily Umbright (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) When a headcount in front of a smoldering Gravois Refrigeration building turned up one firefighter short,...

Heartland Automotive Services, Jiffy Lube managers reach global settlement.
September 13, 2006... Byline: Donna Walter (This article was originally published in the St. Louis Daily Record, another Dolan Media publication.) Heartland Automotive Services and 239 managers of Jiffy Lube stores have settled lawsuits in which the store...

'My Cousin Vinny' still the winner among defense lawyers.
September 13, 2006... Byline: Nora Lockwood Tooher and Alan Cooper (This article was originally published in Virginia Lawyers Weekly, another Dolan Media publication.) Fourteen years after its release, "My Cousin Vinny" retains a devoted audience in the...

state and region briefs.
September 13, 2006... Byline: KC Daily Record Staff Man charged in Monday's home invasion A Kansas City man is accused of taking part in a home invasion that occurred Monday morning in the 400 block of South Oakley Street. Jason D. Jamison, 18, was...

Kansas City man accused of taking part in a home invasion.
September 13, 2006... Byline: KC Daily Record Staff A Kansas City man is accused of taking part in a home invasion that occurred Monday morning in the 400 block of South Oakley Street. Jason D. Jamison, 18, was charged with first-degree robbery and armed...

Kansas City woman charged in connection with a robbery at Dollar General Store.
September 13, 2006... Byline: KC Daily Record Staff A Kansas City woman was charged Tuesday in connection with a robbery at a Dollar General Store on Blue Ridge Boulevard. Lela A. Vann, 22, was charged with first-degree robbery and armed criminal action for...

Attorney sentenced in federal court for stealing $297,000 from church.
September 13, 2006... Byline: KC Daily Record Staff The former treasurer of Central United Methodist Church was sentenced in federal court Monday for stealing $297,000 from the church. Keith B. Koenigsdorf, 51, of Overland Park, was sentenced by U.S....

Class action suit targets maker of bulletproof vest.
September 14, 2006... Byline: Emily Umbright Three years ago, the bulletproof body armor worn by a Pennsylvania police officer failed when .40-caliber shots penetrated his Zylon vest. Despite shots to the arm and abdomen, the officer survived, but the event...

Lama and the law: how Buddhism relates to the U.S. legal system.
September 14, 2006... Byline: NY Daily Record Staff nIn his first visit to a U.S. law school conference, the 14th Dalai Lama will publicly share for the first time his thoughts on how religion, particularly Buddhism, can influence law and bring about social...

11th Circuit denies access to DNA evidence.
September 14, 2006... Byline: Lawyers USA Staff A defendant convicted of murder 20 years ago doesn't have a federal constitutional right to post-conviction access to biological evidence for DNA testing, the 11th Circuit has ruled. The defendant was found...

Kansas City Legal Briefs: September 14, 2006.
September 14, 2006... Byline: KC Daily Record Staff Couple demands damages for semi crash injuries A Leawood couple is seeking damages for the injuries they suffered this summer in an accident on a crowded section of Interstate 70 near Columbia. ...

St. Louis County jury finds deaf man guilty of credit card fraud in Ferguson.
September 15, 2006... Byline: Allison Retka A Hermann man was found guilty Tuesday of stealing three credit cards from the employee room of a coffee shop and using them at a nearby gas station 15 minutes later. The case of Kevin Rosenthal is like many that...

Commentary: Document management: Firms make move toward digital organization.
September 15, 2006... Byline: Molly F. Dilbeck Are stacks of files keeping you from finding anything on your desk? Does it take you an eternity to find something as simple as a recently drafted complaint? There may be hope in sight. Professional consultants...

Executive order prompts lawyers to add 'anti-terrorism' clauses.
September 15, 2006... Byline: Nora Lockwood Tooher After the Sept. 11, 2001, terrorist attacks, an executive order targeting supporters of terrorism has had implications for an unlikely group - real estate attorneys. Executive Order 13224 froze the assets...

Executive order prompts lawyers to add 'anti-terrorism' clauses.
September 15, 2006... Byline: Nora Lockwood Tooher

Seventh Circuit upholds attorney sanction.
September 15, 2006... Byline: David Ziemer An attorney who reneged on a settlement agreement was properly sanctioned pursuant to U.S. Code, the 7th Circuit held earlier this month. Kevin Dal Pozzo, an employee of Richards Brick Co., was injured on the job...

Appeals court upholds committing voluntary patient for treatment.
September 15, 2006... Byline: Lawyers USA Staff A patient can be involuntarily admitted for mental-health treatment even though she already committed herself, the District of Columbia Circuit Court of Appeals has ruled. The patient, who lived in a...

Jury awards $25,000 for back injuries.
September 15, 2006... Byline: Allison Retka An army colonel was awarded $25,000 Tuesday afternoon in her personal injury case against another driver. Col. Kathleen Swacina appeared in St. Louis County Circuit Court in uniform this week with claims she...

Kansas City Legal Briefs: September 15, 2006.
September 15, 2006... Byline: KC Daily Record Staff Judicial Commission submits 16th Circuit panel to Blunt Gov. Matt Blunt has received a list of three applicants to fill a judicial opening in the 16th Circuit. The Judicial Commission interviewed 20...

Behind the bench: Judges take on podcasting.
September 16, 2006... Byline: Emily Umbright Broadcast straight from Division 40 of the St. Louis County Circuit Court, Associate Judge Dennis Smith brings family law issues and updates to the forefront via podcast. Every week, Smith hauls out his...

Student rights violated in censorship, 2nd Circuit rules.
September 16, 2006... Byline: Helen Nguyen A school violated a 13-year-old student's First Amendment rights when it forced him to put duct tape over T-shirt images disparaging President Bush, according to the U.S. Court of Appeals. In Zachary Guiles v. Seth...

New regulations by NY judges mute outlandish law ads.
September 17, 2006... Byline: Jeremy Harrell Few people, especially attorneys, like seeing screaming lawyers on TV who promise to lavish money on you or someone you love. The New York State Bar Association got so fed up with these "billboard lawyers" that...

How to ... plan a company holiday party.
September 17, 2006... Byline: Bernadette Starzee The end-of-year holidays are a festive time. Most companies host parties to celebrate the season, reward employees for another year's hard work and set the stage for a productive year ahead. It takes a lot of...

Utah high court rules grandparent visitation statute constitutional.
September 17, 2006... Byline: Lawyers USA Staff A state law granting visitation rights to grandparents doesn't infringe upon a parent's constitutional right to manage the care, control and custody of a child, the Utah Supreme Court has ruled. After the...

Sonnenschein Nath & Rosenthal ranked No. 1 firm for women.
September 18, 2006... Byline: Charles Emerick Sonnenschein Nath & Rosenthal offers the best career opportunities to women lawyers in the United States, according to a recent report. The survey conducted by the Women's Law Association at Harvard Law School...

Defense no-show costs $200,000.
September 18, 2006... Byline: Charles Emerick A Kansas City couple received a default judgment of more than $200,000 last week after the defendant and her attorney failed to show for the trial. After hearing evidence from the plaintiffs, Robert and...

School district in southeast Missouri appeals stop to Bible distribution.
September 18, 2006... Byline: Donna Walter A battle is brewing in southeastern Missouri about a school board's decision to allow representatives of The Gideons International to distribute Bibles to fifth-graders. A lawsuit pending in the federal court in...

Commentary: In the courtroom, introduce humor only when it's funny.
September 18, 2006... Byline: Craig Napier On the "use what you got" tip, I have a fun story and a warning for all you would-be yuckster attorneys out there. My veteran solo Joe office partner has a classic tale of how injecting a little humor into a...