Missouri Lawyers Weekly articles from April 2004

Missouri Lawyers Weekly archives from April 2004

U.S. District Court Denies Boeing Class Action Suit.(Missouri )
April 5, 2004... Byline: Missouri Lawyers Weekly Staff A federal judge has denied class-action status for a sex discrimination lawsuit brought by female Boeing Co. employees in St. Louis, the Associated Press reports. U.S. District Judge Catherine Perry...

Ruling In Missouri Could Free 5,800 Felons.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff About 5,800 felons convicted of everything from forgery to child molestation could be eligible for early release because of a Missouri Supreme Court decision applying a new law retroactively, Attorney...

Mo. Court of Appeals' Western Rules District Worker Doing Repairs Not A 'Statutory Employee'.
April 5, 2004... Byline: Kenneth C. Jones An employee of a contractor who was injured while making repairs to an improvement at the landowner's plant could sue the landowner for negligence, the Missouri Court of Appeals' Western District has ruled. ...

Mo. Court of Appeals' Eastern District Rules Better Job Was Not Enough To Justify Mom's Relocation.
April 5, 2004... Byline: Kenneth C. Jones A custodial mother could not relocate to Texas simply because she would be receiving a substantially higher salary, the Missouri Court of Appeals' Eastern District has ruled. The mother argued that the move was...

Mo. Court of Appeals' Eastern District Rules DWI Charge OK Although Vehicle Was Out Of Gas.
April 5, 2004... Byline: Kenneth C. Jones Even though a car was out of gas, a man who was sitting behind the wheel as it was being pushed down the road could be charged with driving while intoxicated, the Missouri Court of Appeals' Eastern District has...

Mo. Court of Appeals Eastern District Case Summaries: April 5, 2004.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Garnishment - Unclaimed Property Account - State Treasurer Where the State of Ohio filed a garnishment action on an unclaimed property account held by the Missouri state...

Mo. Court of Appeals Southern District Case Summaries: April 5, 2004.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff Contract Fraudulent Misrepresentation - Rescission - Real Property Where a land buyer sued for rescission of a deed claiming its purchase was fraudulently induced by the misrepresentations of...

Mo. Court of Appeals Western District Case Summaries: April 5, 2004.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff Contract Arbitration Clause - IRA Contract - Third- Party Beneficiary Where a party who claimed to be a third-party beneficiary of an IRA contract brought breach of contract, negligence and...

Mo. Supreme Court Case Summaries: April 19, 2004.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff Commercial Motor Fuel Marketing Act - Unfair Diversion - Below- Cost Sales Where the state brought an action against a gas station for pricing gas below wholesale costs, the evidence did not...

U.S. Court Of Appeals 8th Circuit Case Summaries: April 5, 2004.
April 5, 2004... Byline: Missouri Lawyers Weekly Staff Admiralty Constructive Discharge - Public Policy - Forged Log Books Where an engineer who worked on a casino vessel left his employment because he was forced to forge the vessel's log sheets,...

Verdicts & settlements April 5, 2004: suit over girl's drowning death settles for $2.5M.(Missouri)
April 5, 2004... Byline: Aaron Brown The parents of a 10-year-old girl who drowned in a swimming pool at a summer camp have settled their St. Louis City lawsuit for $2.5 million. Crystal Winston attended the camp at the urging of the Dove Covenant...

Missouri Firms Heighten National Profiles.(TAGLaw)(Brief article)
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Kansas City's Spencer Fane Britt & Brown reports that it was one of the first 20 firms to join TAGLaw, a privately run network of members that was founded in 1998 and now has 122 law firms in 70...

Missouri Supreme Court Displays Judicial History Exhibit.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff The Missouri Supreme Court announced that visitors to the court this spring "can learn about the history of women's suffrage and gender discrimination through a six-panel exhibit" on display through...

Young Attorneys Praise Symposium In St. Louis.(Gray, Ritter & Graham)(Brief article)
April 12, 2004... Byline: Missouri Lawyers Weekly Staff About 90 young attorneys attended an advocacy symposium hosted by St. Louis plaintiff's firm Gray, Ritter & Graham on March 19 at Washington University. The free program, approved for 6.3 CLE...

Missouri Lawyers In The News: April 12, 2004.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Spencer Fane Britt & Browne LLP announced the addition of patent attorney Kyle L. Elliott as a partner and leader of the firm's Intellectual Property and Technology Practice Group in Kansas City....

Mo. Court of Appeals Eastern District Case Summaries: April12, 2004.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Preliminary Injunction - Finality Where a party in a civil case appealed from a preliminary injunction enjoining her from operating a hair salon within 50 miles of a town,...

Mo. Court of Appeals Southern District Case Summaries: April 12, 2004.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Judgment - Modification - Interlocutory Where a "judgment" in a civil case failed to state an amount of damages, the judgment was interlocutory and the trial court could modify...

Mo. Court of Appeals Western District Case Summaries: April 12, 2004.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Domestic Relations Custody - Juvenile Court - Jurisdiction Where a juvenile court took jurisdiction of a domestic relations case because of allegations of child abuse by the father during his...

U.S. Court Of Appeals 8th Circuit Case Summaries: April 12, 2004.
April 12, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Public Housing Authority - Lease - Termination Where a public housing authority tenant appealed the termination of her lease by the municipal authority, her appeals were properly...

Verdicts & settlements April 12, 2004: bars prevail in dram shop lawsuit filed by passenger.(Missouri)
April 12, 2004... Byline: Anne C. Vitale A man injured in a single-car accident after a night of drinking lost his dram shop case against two Jackson County bars. VERDICT REPORT Timothy Lee, a passenger in the car, claimed that the bars served...

Mo. Court of Appeals' rules charity rodeo worker could not get workers' compensation.
April 12, 2004... Byline: Anne C. Vitale Where a not-for-profit corporation organized a rodeo as a fund-raiser, a rodeo employee injured at the event could not get workers' compensation from the corporation, the Missouri Court of Appeals' Western District...

Verdicts & settlements April 12, 2004: homeowner shot by police keeps $2M verdict.
April 12, 2004... Byline: Kenneth C. Jones Where police shot a drug suspect in his home after battering down his door, he could sue them for violation of his Fourth Amendment rights, the 8th U.S. Circuit Court of Appeals has ruled, upholding a $2 million...

Verdicts & settlements April 12, 2004: 'black box' leads to quick car accident settlement.(Missouri)
April 12, 2004... Byline: Geri Dreiling Thanks to the information stored in an automobile's "black box," a 24-year-old woman injured in an accident has received a confidential settlement just five months after the crash. SETTLEMENT REPORT The black...

Missouri Lawyers Respond To Call.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff "In Missouri, lawyers aren't just sitting on the sidelines, hoping that the state Legislature will pass bills that improve the law and quality of life for Missourians -- they have filed for office and...

Online Forum Continues To Serve Mo. Lawyers.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Attorneys seeking practical advice from fellow lawyers are continuing to turn to Missouri Lawyers Weekly's online forum. The Missouri Forum provides a vital service to attorneys looking to refer...

Concealed-Carry Law Creates Trap For Missouri Property Owners.
April 19, 2004... Byline: Aaron Brown Missouri's new concealed-carry law is fraught with civil liability risks for businesses, restaurants and even homeowners, experts say. The statute generally allows citizens over 23 who have taken a training course...

Mo. Court of Appeals' Western District Rules Wrongful Discharge Case Wasn't Pleaded.
April 19, 2004... Byline: Anne C. Vitale An at-will agricultural worker's wrongful discharge claim should have gone to the jury even though he did not plead his whistleblower theory, the Missouri Court of Appeals' Western District has ruled. This was...

MHTC Settles Claim Over Freak Accident In Greene County For $550K.(Missouri Highway and Transportation Commission)
April 19, 2004... Byline: Anne C. Vitale The children of a couple killed in a car accident have settled their Greene County lawsuit against the Missouri Highway and Transportation Commission for $550,000. David and Myra Stoke died when a pickup truck...

Mo. Court of Appeals Eastern District Case Summaries: April 19, 2004.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Per Curiam Order The following judgment has been affirmed in a per curiam order: State v. Fenton (MLW No. 39924 - 1 page) (per curiam) Appealed from circuit court, St. Charles County,...

Mo. Court of Appeals Southern District Case Summaries: April 19, 2004.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Sexually Violent Predator - Plea Agreement Where a criminal defendant underwent civil proceedings for commitment as a sexually violent predator following the completion of his...

Mo. Court of Appeals Western District Case Summaries: April 19, 2004.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Pleading - Whistleblower - At- Will Employee Where an at-will employee who claimed he was fired for reporting a supervisor's unlawful directive did not plead wrongful discharge...

Mo. Supreme Court Case Summaries: April 19, 2004.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Confidentiality - Privileged Communications - Domestic Violence Shelter Where the director of a domestic violence shelter was subpoenaed to produce records relating to a shelter...

U.S. Court Of Appeals 8th Circuit Case Summaries: April 19, 2004.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Telecommunications Act - Tariffs - Claim Preclusion Where a wireless service network sued a local service provider to collect federal and state telecommunications tariffs, the...

Verdicts & Settlements April 19, 2004: Drivers Disputed Fault.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict Gregory Days sued for injuries he suffered in a near head-on collision in St. Louis County. In April 1996 Days was driving on Dunn Road when he collided with Jennifer Wise. He...

Verdicts & Settlements April 19, 2004: Woman Stepped In Hole Near Sidewalk.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A woman who broke her hip in a fall on a St. Louis City street sued for negligence. Elaine Russell, 56, went out to dinner with her husband on Oct. 21, 2000. As she was...

Verdicts & Settlements April 19, 2004: Nerve Damage Followed Tooth Extraction.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff $150,000 Verdict Michelle Faso sued her dentist for malpractice, claiming he extracted the wrong tooth and caused permanent nerve damage. Faso, 27, was having minor pain from pericoronitis, an...

Verdicts & Settlements April 19, 2004: Metal Bar Hit Conductor's Head.
April 19, 2004... Byline: Missouri Lawyers Weekly Staff $3 Million Verdict A conductor who claimed he suffered a closed head injury filed a FELA suit against Union Pacific. Greg Haskin, 31, was a conductor at Union Pacific's Armordale Yard in Kansas...

Verdicts & Settlements April 19, 2004: MHTC Settles Claim Over Freak Accident For $550K.
April 19, 2004... Byline: Anne C. Vitale The children of a couple killed in a car accident have settled their Greene County lawsuit against the Missouri Highway and Transportation Commission for $550,000. David and Myra Stoke died when a pickup truck...

Mo. Court of Appeals' Western District Rules Employer Was Exempt But Fund Held Not Liable.
April 26, 2004... Byline: Anne C. Vitale An injured worker could not get Second Injury Fund benefits even though his employer was exempt from the workers' compensation statute because it had fewer than five employees, the Missouri Court of Appeals' Western...

Airline Injuries Lead To Suit Under Warsaw Convention.
April 26, 2004... Byline: Geri Dreiling After a flight from Mexico to Chicago encountered unexpected turbulence over Springfield, Mo., in April 2002, several passengers who were tossed about the plane sought damages for their injuries. Their attorney,...

8th U.S. Circuit Rules Skydiving Death Not Covered By Policy.
April 26, 2004... Byline: Kenneth C. Jones The wife of a man killed while skydiving could not recover under an accidental death policy, the 8th U.S. Circuit Court of Appeals has ruled in a case of first impression. She argued that a policy exclusion for...

Mo. Court of Appeals Eastern District Case Summaries: April 26, 2004.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Judgment - Finality - Duty To Defend Where the Court of Appeals determined that a trial court order denying summary judgment to an insurer seeking a judicial determination of...

Mo. Court of Appeals Southern District Case Summaries: April 26, 2004.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Rebuttal Witness - Disclosure - Diminished Capacity Where a murder defendant disclosed prior to trial that he would rely on the defense of diminished capacity, diminished capacity...

Mo. Court of Appeals Western District Case Summaries: April 26, 2004.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Record On Appeal - Inadequate - Rule 81.12 Where an appellant in a civil case failed to include in his record on appeal the judgment, the transcript of a motion hearing,...

U.S. Bankruptcy Court Appellate Panel Case Summaries: April 26, 2004.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Adversary Proceeding - Timeliness - Rule 7003 Where a Chapter 13 debtor moved to dismiss an adversary proceeding because he did not receive personal service and so argued that the...

U.S. Court Of Appeals 8th Circuit Case Summaries: April 5, 2004.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff ERISA Accidental Death Benefits - Denial - Skydiving Where the family of a man who died in a skydiving accident was denied accidental-death benefits under his ERISA plan, skydiving fell within...

Verdicts & Settlements April 26, 2004: Man Paralyzed In Car Crash.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A man who was paralyzed in a car accident sued his insurance company after it denied uninsured motorist coverage. In the early morning of Feb. 10, 2001, Kristopher Dykstra was...

Verdicts & Settlements April 26, 2004: Boy Fell Into Bonfire.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff $300,000 Settlement A 4-year-old boy who fell into an open bonfire while staying with relatives sued them for negligence. On Aug. 8, 2003, Cody Joswick was staying with his aunt and uncle at their...

Verdicts & Settlements April 26, 2004: Man Killed In Head-On Collision.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff $1 Million Settlement The wife of a man killed in an automobile accident sued for wrongful death. On Aug. 12, 2002 Scott Kendall was traveling home to St. Louis from National Guard duty in...

Verdicts & Settlements April 26, 2004: Driver Claimed Sudden Acceleration.
April 26, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict Four people in-jured in an automobile crash sued Ford Motor Company for products liability, contending that the single-car accident was caused by sudden acceleration of their 1991...

Verdicts & Settlements April 26, 2004: Church Pays $1.6M To Boy Sexually Abused By Priest.
April 26, 2004... Byline: Anne C. Vitale The parents of a 12-year-old boy who was sexually abused by a Catholic priest have settled their case against the Archdiocese of St. Louis for over $1.6 million. SETTLEMENT REPORT The parents, who claimed...