Missouri Lawyers Weekly articles from April 2005

Missouri Lawyers Weekly archives from April 2005

Construction worker wins $9M after fall at site, largest verdict ever in Jefferson County.
April 4, 2005... Byline: Aaron Brown A worker who was severely injured in a fall at a construction site has won $9 million in his Jefferson County case against a subcontractor. Kenneth Kohlfeld claimed that Rock Hill Mechanical Corporation cut a hole...

KC lawyer, 86, gets back-to-back wins in jury trials.(Kansas City)(S. Preston Williams)
April 4, 2005... Byline: Amanda C. Tinnin Despite a degenerative eye condition and a changing world, 86-year-old S. Preston Williams has no desire to give up practicing law. And the Kansas City attorney amazed many young lawyers last month when he tried...

Washington Univ. law professor named to national prison reform commission.(Margo Schlanger )
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Washington University law professor Margo Schlanger was recently named to the Commission on Safety and Abuse in America's Prisons. The Vera Institute of Justice has formed the national panel to explore...

Latin American Law Workshop to be held at Washington University in St. Louis.(Harris Institute for Global Legal Studies)
April 4, 2005... Byline: Missouri Lawyers Weekly Staff The Harris Institute for Global Legal Studies will hold a Latin American Law Workshop on Friday, April 15 and 16 in room 401 at Washignton University in St. Louis. The workshop will open Friday...

Missouri Lawyers In the News: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Paul H. Berens, the Chairman of the Bankruptcy Practice Memorial Fund, presented the first Judge Robert E. Brauer Innovations in Bankruptcy Law Award to Blackwell Sanders Peper & Martin partner David...

United States Court of Appeals Eighth Circuit Case Summaries: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Contract Breach Of Express Warranty - Future Performance - Notice (1) Where a plaintiff that manufactured wooden doors and windows sued the manufacturer of its wood treatment products for...

U.S. Bankruptcy Court. - Appeals Panel Case Summaries: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Tax Liabilities - Dischargeability - Tax Returns Where a debtor filed his 1040 forms after the IRS issued notices of deficiency and assessed tax liabilities, the forms qualified as...

Missouri Court of Appeals Eastern District Case Summaries: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Habeas Petition - Denial - Appeal Where a party sought to appeal a judgment denying his petition for a writ of habeas corpus, no appeal lies from such a judgment. Appeal...

Missouri Court of Appeals Southern District Case Summaries: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Arbitration Motion To Compel - Amount Of Claim - Findings Where the arbitration clause in a contract between a contractor and a subcontractor required the arbitration of claims below a...

Missouri Court of Appeals Western District Case Summaries: April 4, 2005.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of an appellant in an unemployment compensation case contained deficiencies in the argument, facts, and points relied on...

Verdicts & Settlements April 4, 2005: $9M verdict for worker who fell 40 feet.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff $9 Million Verdict: A carpenter who fell 40 feet at a construction site has won $9 million in his Jefferson County case against a subcontractor. Kenneth Kohlfeld, an employee of McCarthy Brothers...

Verdicts & Settlements April 4, 2005: $700,000 settled on elderly man in nursing home burn case.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff $700,000 Settlement: The guardian of a nursing home patient who suffered burns and ulcers has settled a Jackson County negligence case for $700,000. Delmar Stone, 85, was a resident of Hyde Park...

Verdicts & Settlements April 4, 2005: $375,000 verdict against rental company after accident.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff $375,000 Verdict: A woman injured in a car accident has won a $375,000 verdict in her Jackson County negligent entrustment case against a car rental company. Lenore Williams rented a car from...

Verdicts & Settlements April 4, 2005: $286,000 verdict against copier company.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff $286,000 Verdict: A woman who was injured when a piece of office equipment fell on her foot has won $286,000 in her St. Louis City lawsuit against a copier company. A service technician from Ikon...

Verdicts & Settlements April 4, 2005: $95,000 settled on mail carrier who fell on steps.
April 4, 2005... Byline: Missouri Lawyers Weekly Staff $95,000 Settlement: A mail carrier who fell on a stairway has settled his St. Louis County premises liability case for $95,000. Leroye Jones, 41, was delivering mail at the Brentwood Forest...

Lawyer should have objected to time limit.
April 11, 2005... Byline: Geri L. Dreiling When courts use time limits to control the length of trial, attorneys who believe they couldn't effectively present their case must object or face waiving the issue on appeal. That's the reminder issued...

Tort reform: boom or bust?
April 11, 2005... Byline: Amanda C. Tinnin Governor Matt Blunt signed last week tort reform legislation that the general assembly expects to improve Missourians' access to health care as well as the state's business climate. Some attorneys, however, believe...

Missouri Court of Appeals Western District approves use of cy pres doctrine.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff A trial court abused its discretion in distributing unclaimed funds from a class-action settlement to charities unrelated to the purpose of the original lawsuit, the Missouri Court of Appeals Western...

FDA panel oks return to market for Vioxx.(Food and Drug Administration)
April 11, 2005... Byline: Amanda C. Tinnin An FDA advisory panel has recommended Vioxx be returned to market despite a growing number of lawsuits and evidence that link the drug to increased risk of heart attack and stroke. "The advisory panel, they...

Missouri lawyer writes The Cross of St. Maro.(Brief Article)
April 11, 2005... Byline: Missouri Lawyers Weekly Staff In just two months, attorney E. Kelly Keady has gone from selling books out of the trunk of his car to having his first novel, "The Cross of St. Maro," available nationwide through chain stores such as...

Saint Louis University's health law program named top in nation.(Brief Article)
April 11, 2005... Byline: Missouri Lawyers Weekly Staff For the second consecutive year, U.S. News & World Report has named Saint Louis University's health law program the best in the nation. The magazine's "Best Graduate Schools 2006" issue, which hits...

Kansas City lawyer chosen to receive local bar assn.'s Robert C. Welch Volunteer Project Award.(Byron J. Beck)(Brief Article)
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Byron J. Beck, partner in the law firm of Stinson Morrison Hecker LLP, has been chosen as a recipient of The Kansas City Metropolitan Bar Association's Robert C. Welch Volunteer Project Award. Beck...

Missouri Lawyers in the News: April 11, 2005.(appointments)(Brief Article)
April 11, 2005... Byline: Missouri Lawyers Weekly Staff The Law Offices of Robert M.N. Palmer, P.C, in Springfield, is proud to announce that Craig R. Oliver has become a Shareholder with the firm and Scott A Smith has joined the firm as an Associate. Smith...

United States Court of Appeals Eighth Circuit Case Summaries: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Notice of Appeal - Timeliness - Foreclosure Action Where a defendant in a mortgage foreclosure action filed a notice of appeal more than 60 days after the underlying summary...

U.S. Bankruptcy Court - Appeals Panel: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Mortgage Sale - Proceeds - Characterization Where a Chapter 7 bankruptcy trustee received proceeds from the sale of a mortgage, the bankruptcy court erred in finding the proceeds...

Missouri Supreme Court Case Summaries: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Administrative Rulemaking - FAQ's - Venue (1) Where the Board of Pharmacy posted a frequently asked question and answer on its website stating that only businesses licensed as pharmacies could...

Missouri Court of Appeals Eastern District Case Summaries: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Notice of Appeal - Timeliness Where a defendant failed to file a notice of appeal within 10 days of the denial of his Rule 29.12(c ) nunc pro tunc motion, the notice was...

Missouri Court of Appeals Southern District Case Summaries: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of a pro se appellant in a domestic relations case contained defects in the jurisdictional statement, statement of facts,...

Missouri Court of Appeals Western District Case Summaries: April 11, 2005.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Class Action - Unclaimed Funds - Distribution Where the trial court applied the cy pres doctrine to distribute to the county treasurer and to children's charities $1 million in...

Verdicts & Settlements April 11, 2005: Jury rules for physician in malpractice suit.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict: The daughter of a woman who died following a craniotomy operation has lost her St. Louis City medical malpractice case against the attending physician. On July 5, 2003, Loyce...

Verdicts & Settlements April 11, 2005: Woman struck by animal control truck settles for $1.5M.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff $1.5 Million Settlement: A pedestrian who was struck by a Jackson County vehicle has settled her negligence case against the county and its employee for $1.5 million. Marjorie Long, 75, lived on...

Verdicts & Settlements April 11, 2005: Family of man crushed, killed by semi truck settles for $1.4M.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff $1.4 Million Settlement: The family of a construction worker who was crushed by a semi truck has settled their wrongful death case against the trucking company for $1.4 million. On March 25, 2004,...

Verdicts & Settlements April 11, 2005; Man develops blood clots after accident, gets $400K verdict.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff $400,000 Verdict: A man injured in a motorcycle accident has won $400,000 in his uninsured motorist action against his insurance company. William Pinney, 59, was driving his motorcycle on Interstate...

Verdicts & Settlements April 11, 2005: Patient claims sexual assault in hospital.
April 11, 2005... Byline: Missouri Lawyers Weekly Staff Confidential Settlement: A hospital resident who claimed that she was sexually assaulted by a visitor has settled her negligence case against the hospital for a confidential amount. The 31-year-old...

Handling case loads and doing pro bono work is a balancing act for lawyers.
April 18, 2005... Byline: Amanda C. Tinnin "Sleep is overrated," Lindsay Wood said with a haggard laugh. "I think for the most part if you kind of pay attention to what you're doing you can get it all done." Wood is a Kansas City trial lawyer who, in...

Missouri Court of Appeals' Western District rules evidence of similar cases admissible.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff The plaintiff in a products-liability case must be allowed to introduce evidence of substantially similar accidents, and not be limited to those involving the identical product, the Missouri Court of...

New rule by Federal Trade Comm. requires businesses to destroy consumer credit information.(Federal Trade Commission)
April 18, 2005... Byline: Dolan Media Newswires All businesses, including law firms, will soon be required to destroy any consumer credit information they have obtained from credit reports, under a new rule issued by the Federal Trade Commission. The...

MO Court of Appeals' Eastern District grants new trial to Enterprise Rent-A-Car employee.
April 18, 2005... Byline: Amanda C. Tinnin An Enterprise Rent-A-Car employee who was wrongfully terminated when he refused to violate federal securities law has been granted a new trial, the Missouri Court of Appeals' Eastern District has ruled. "The...

Women Lawyers' Association of Greater St. Louis launches workplace survey.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff The Women Lawyers' Association of Greater St. Louis has launched a statewide survey in order to identify and promote policies and practices that encourage the advancement of women lawyers. WLA...

City of Springfield wins three liability cases in MO Court of Appeals' Southern District.(Brief Article)
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Attorneys at the law firm of Lathrop & Gage report three recent favorable rulings on behalf of their client, The City of Springfield. These cases addressed city government liability across the state of...

Membership Services Director for Missouri Bar, Linda Oligschlaeger, receives Lexie award.(Brief Article)
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Linda Oligschlaeger, the Membership Services Director for the Missouri Bar, was one of three recipients for this year's Lexie for Outstanding Contribution to the Legal Technology Community. The...

Missouri Lawyers in the News: April 18, 2005.(Lester and Associates )(Brief Article)
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Nicholas A. Franke and Milton C. Spaulding have been elected partners of Spencer Fane Britt & Browne LLP, a law firm of 120 attorneys with offices in St. Louis, Kansas City, Mo., Overland Park, Kan....

Jasper County jury awards $15M to former popcorn plant maintenance man and his wife.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff A Jasper County jury has delivered a $15 million verdict in favor of a former Gilster-Mary Lee Corp. microwave popcorn plant maintenance man and his wife in their suit against the makers of a butter...

Mary Anne Sedey named 2005 St. Louis Daily Record "Woman Lawyer of the Year".
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Mary Anne Sedey has been named the 2005 St. Louis Daily Record "Woman Lawyer of the Year." In addition, The Daily Record (sister publication to Missouri Lawyers Weekly) named Beverly Beimdiek recipient...

United States Court of Appeals Eighth Circuit Case Summaries: April 18, 2005.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Pleading Requirements - Failure To Comply - Civil Rights Claims Where a Section 1983 plaintiff failed to comply with the district court's repeated orders to delineate defendants...

Missouri Supreme Court Case Summaries: April 18, 2005.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Sexual Predator - Probable Cause - Second Hearing Where a man committed as a sexually violent predator presented sufficient evidence to constitute probable cause that he no longer...

Missouri Court of Appeals Eastern District Case Summaries: April 18, 2005.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Law Of The Case - Retrial - Construction Dispute Where the appellate court affirmed a trial court's finding that a retaining wall was adequately built in a dispute over the...

Missouri Court Of Appeals Southern District Case Summaries: April 18, 2005.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Civil Procedure Sexual Predator - Civil Commitment - Mental Exam Where an expert in a sexual predator civil commitment case was determined on appeal to be unqualified to give evidence, the...

Missouri Court Of Appeals Western District Case Summaries: April 18, 2005.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Contract Breach Of Contract - Quantum Meruit - Construction Where a subcontractor sued a general contractor for breach of contract and quantum meruit in a dispute over payment for the...

Verdicts & Settlements- April 18, 2005: Man sues former employer.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff $920,000 Verdict A man who claimed that his former partner breached their agreement to develop a golf course has won $920,000 in his Cass County case. Mark Downey worked in a John Deere...

Verdicts & Settlements- April 18, 2005: Insurance company sued after claim refused.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff $640,587 Settlement A man whose insurance company refused to pay a claim after his home was destroyed in a tornado has settled his Greene County case against the insurer for $640,587. On May...

Verdicts & Settlements- April 18, 2005: Man injured in collision on the job.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff $375,230 Settlement A man who was injured in an automobile accident while on the job has settled his claim against his employer's underinsured carrier for $375,230. On June 30, 2000, Neil...

Verdicts & Settlements- April 18, 2005: Allstate wins collision case.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A woman who claimed that she was injured in a collision with an uninsured motorist has lost her St. Louis City breach of contract and vexatious refusal case against her...

Verdicts & Settlements- April 18, 2005: City manager claims wrongful termination.
April 18, 2005... Byline: Missouri Lawyers Weekly Staff $54,500 Settlement A city manager who claimed that he was terminated without cause and wrongfully denied a severance package has settled with the city for $54,500 following judicial review of the...

8th U.S. Circuit Court of Appeals rules hospital can force nurse on FMLA leave to quit job.(Family and Medical Leave Act )
April 25, 2005... Byline: Geri Dreiling Even though a nurse with mental problems was forced to quit her job while she had leave time remaining under the FMLA, the hospital she worked for was not strictly liable for interfering with her rights because the...

Law firms use caution to market their talents.
April 25, 2005... Byline: Amanda C. Tinnin The legal community has changed its attitude towards self promotion, and while advertising is more accepted, a proposal before the Missouri Supreme Court might tighten the criteria legal marketing must comply to....

Bankruptcy Abuse Prevention and Consumer Protection Reform Act of 2005 signed into law.
April 25, 2005... Byline: Judge Arthur B. Federman On April 20, 2005, President Bush signed into law the Bankruptcy Abuse Prevention and Consumer Protection Reform Act of 2005 (The Act). The Act, most of which goes into effect on or about October 17, 2005,...

Commentary: Raising The Bar - Spoliation and electronic data.
April 25, 2005... Byline: Paul Mark Sandler (This article originally ran in The Daily Record, Baltimore, MD, another Dolan Media publication.) At what point do you start talking with a new litigation client about electronic discovery and the hazards of...

Three St. Louis attorneys honored at awards banquet.(2005 St. Louis Daily Record Women's Justice Awards)
April 25, 2005... Byline: Missouri Lawyers Weekly Staff St. Louis lawyers celebrated the achievements last week of attorneys Mary Anne Sedey and Beverly Beimdiek and women's advocate Mildred "Milly" Cohn at the 2005 St. Louis Daily Record Women's Justice...

Hogan appointed 22nd Circuit Court Judge in St. Louis City.(Elizabeth B. Hogan)(Brief Article)
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Gov. Matt Blunt appointed Elizabeth B. Hogan as the associate circuit judge of the 22nd Circuit Court in St. Louis City. Hogan resides in St. Louis and is an attorney for the Voices of Children,...

Missouri Lawyers in the News: April 25, 2005.(Williams Venker and Sanders LLC)
April 25, 2005... Byline: Missouri Lawyers Weekly Staff United States Administrative Law Judge Perry J. Rhew, former circuit court judge in Dunklin County, has been chosen to become the Managing Judge of the newly created Cleveland, Ohio, office of Medicare...

St. Louis woman settles case against disbarred attorney.
April 25, 2005... Byline: Amanda C. Tinnin A St. Louis woman has settled her case against a disbarred attorney who she claimed breached his contract after he handled her estate sale. The former attorney said it was cases just like this that made him give up...

United States Court Of Appeals Eighth Circuit Case Summaries: April 25, 2005.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Employer - Employee Discrimination - Disability - Failure To Accommodate Where an employee on a prolonged medical leave was fired for failing to show up for a medical evaluation by her...

Missouri Supreme Court /Attorney Reprimand: April 25, 2005.(Brief Article)
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Attorneys Discipline - Ex Parte Communication Where an attorney engaged in an ex parte communication with a judge and questioned the integrity of another judge but the attorney had no prior...

MO Court Of Appeals Eastern District Case Summaries: April 25, 2005.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Finality - Criminal Case Where a trial court issued a memorandum ordering a defendant to serve shock time in jail with a work release, the order did not meet the...

U.S. Bankruptcy Law overhaul goes into effect October 17, 2005.
April 25, 2005... Byline: Reni Gertner, Lawyers Weekly USA & Amanda C. Tinni A sweeping consumer bankruptcy bill that will make it more difficult for debtors to file for bankruptcy has been signed into law by President Bush, but some Missouri attorneys are...

MO Court Of Appeals Southern District Case Summaries: April 25, 2005.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Arbitration Motion To Compel - Arbitration Provision - Validity Where an organization formed in support of Amway-related businesses required arbitration of disputes among its members, the...

MO Court Of Appeals Western District Case Summaries: April 25, 2005.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Banks and Banking Foreclosure Sale - Bankruptcy Discharge - Surplus Funds (1) Where a bank converted surplus funds from a foreclosure sale on a first deed of trust to pay a note secured by a...

Professional Photographer Loses Use Of Arm In Auto Accident.(Brief Article)
April 25, 2005... Byline: Missouri Lawyers Weekly Staff $2.15 Million Settlement A man who suffered debilitating injuries in an automobile collision has settled his case for $2.15 million. On April 16, 2004, William Meyer was traveling eastbound on...

Verdicts & Settlements April 25, 2005: Insurance Co. settles uninsured motorist claim.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff $355,000 Settlement A man injured in an automobile accident with an uninsured driver has settled his claims for $355,000. At about 11:45 a.m. on Jan. 29, 2000, Roger Shull an uninsured driver was...

Verdicts & Settlements April 25, 2005: Woman hit from behind while walking dog.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff $175,000 Verdict A pedestrian who claimed that she was injured after being struck by a car has won $175,000 in her Jackson County negligence case against the driver. On April 29, 2002, Carolyn...

Verdicts & settlements Aoril 25, 2005: Neurosurgeon wins medical malpractice case.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A man who claimed that he suffered an abdominal injury during spinal surgery has lost his St. Louis County medical malpractice case against the neurosurgeon. Joseph Scalise, 36,...

Verdicts & Settlements April 25, 2005: Harassment counterclaim settled for $4,000.
April 25, 2005... Byline: Missouri Lawyers Weekly Staff $4,000 Settlement A woman who was sued for non-payment of a promissory note has settled her malicious prosecution and harassment counterclaim for $4,000. On Sept. 24, 1996, Cynthia Greenhaw and her...