Missouri Lawyers Weekly articles from April 2006

Missouri Lawyers Weekly archives from April 2006

Commentary: The future of demonstrative evidence involves cutting-edge technology.
April 3, 2006... Byline: Joyce Harris and Leo Eilts Presenting evidence in trial, mediation and other legal arenas has changed dramatically over the years. We are still learning methods to prepare information to achieve the greatest impact with a judge...

Speaker pro tem in his new house in Maryland.(Richard A. Gephardt )
April 3, 2006... Byline: Ann W. Parks (This article originally ran in the Daily Record, Baltimore, MD., another Dolan Media publication). Gephardt humble, 'optimistic' in remarks with new law firm He's been part of the political landscape in...

Justice Scalia set to address annual Law Day event in St. Louis.(Antonin Scalia)
April 3, 2006... Byline: Emily Umbright (This article originally ran in The Daily Record, St. Louis, MO, another Dolan Media publication.) The Bar Association of Metropolitan St. Louis is singing a different tune this year as it plans for its annual...

Hollywood to host nation's trial lawyers.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff (This article originally ran in the Daily Record, Kansas City, MO., another Dolan Media publication). More than 1,200 lawyers, judges, academics and leaders in the legal profession will get an...

Missouri Lawyers in the News: April 3, 2006.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Former United States Attorney Todd P. Graves announced today that he was forming a new law firm with Missouri State Senator Matt Bartle and David L. Marcus, an experienced Kansas City commercial...

Senior Judges: Essential, but underpaid.(Byron Kinder )(John Hutcherson)(James Pudlowski )
April 3, 2006... Byline: Heather Cole In January, Cole County Senior Judge Byron Kinder upheld the proposed ballot language on the Missouri Stem Cells Research and Cures Initiative. Kinder has his own senior court docket with 60 to 100 cases a year in the...

Hard-fought win for Kansas City defense team in Wyeth fen-phen lawsuit.
April 3, 2006... Byline: Natalie White In a hard-fought defense win that Wyeth hopes will help turn the fen-phen lawsuit tide in its favor, a Jasper County jury found for the drug manufacturer in a products liability claim. After a two-week trial,...

Portable breath test ruling impacts DWI law in Missouri.
April 3, 2006... Byline: Charles Emerick A recent Missouri Supreme Court ruling could have a significant impact on DWI cases by allowing judges to determine whether probable cause was lacking where sobriety tests were improperly administered. InYork v....

U.S. Court of Appeals 8th Circuit holds Wal-Mart did not discriminate.
April 3, 2006... Byline: Joy Simmons An employee alleging Wal-Mart practiced pregnancy-based employment discrimination did not sufficiently show that Wal-Mart's reason for her termination was pretext for pregnancy discrimination, the U.S. Court of Appeals...

MO Court of Appeals Eastern District Case Summaries: April 3, 2006.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Dissolution - Finality - Not Appealable Where wife appeals three of the trial court's judgments stemming from her divorce decree, the appeal must be dismissed for lack of...

MO Court of Appeals, Southern District Case Summaries: April 3, 2006.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Points Relied On - Rule 84.04(d) - Noncompliance Where defendants appeal from the trial court's judgment finding that plaintiff was not a member of a resort and therefore was...

MO Court of Appeals, Western District Case Summaries: April 3, 2006.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Medicaid - Federal Law - Preemption Where the circuit court affirmed the decision of an administrative hearing officer that reduced appellant's personal assistance services...

U.S. Court of Appeals 8th Circuit Case Summaries: April 3, 2006.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Family and Medical Leave Act - Retaliatory Discharge - Workers' Compensation Claim - Carpal Tunnel Syndrome Where plaintiff was diagnosed with carpal tunnel syndrome and her job...

Verdicts & Settlements April 3, 2006: Plaintiff and defendant were left sharing the blame.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff $5,000 verdict Plaintiff and defendant were left sharing the blame when a St. Louis County jury returned its $5,000 verdict that momentarily left both sides wondering exactly who won in the case of...

Verdicts & Settlements: Lineman receives $1M settlement for injuries.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff $1,020,999 settlement Watching out for fellow contractors should have been the lesson learned according to the lawyer for an electrical utility worker who won a settlement of more than $1 million...

Verdicts & Settlements April 3. 2006 : Wrongful death settlement yields $400K.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff $400,000 settlement The death of a 2-year-old boy, which settled for $400,000, has drawn attention to the manufacturing of childrens' furniture and safety concerns surrounding those products,...

Jefferson County Circuit Court reaches confidential settlement in fireworks injury.
April 3, 2006... Byline: Missouri Lawyers Weekly Staff Confidential settlement A confidential settlement has been reached in the case of a woman who was severely injured during a workplace explosion that killed a co-worker and caused her to require an...

Commentary: The courts' ideals are carved in stone.(Column)
April 10, 2006... Byline: Chief Justice Michael A. Wolff When we say something is chipped or carved in stone, we mean it is permanent. Words expressing our highest ideals are carved in stone on many of our nation's court buildings. The ideals expressed are...

Should trial lawyers litigate their own appeals?
April 10, 2006... Byline: Jordan B. Cherrick Trial and appellate advocacy require different skills and strategies. Few lawyers are equally proficient and successful in both areas. The article will examine the reasons that clients and trial lawyers benefit...

Good fences make good neighbors?
April 10, 2006... Byline: Missouri Lawyers Weekly Staff "Something there is that doesn't love a wall," Robert Frost wrote, so one can only imagine what Frost would think of the 8-foot-tall, 270-foot-long corrugated tin fence that Jim and Dan Highfill built...

National Assn. of Legal Secretaries of Missouri celebrates 50th anniversary at annual meeting.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff NALS of Missouri will celebrate its 50th anniversary at its annual meeting to be held in St. Louis, Missouri on May 5-7. NALS of Missouri is part of a local, state, regional and national association...

Clayton law firm to hold book drive in south St. Louis.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff The Carson Law Firm is proud to announce The Third "Occasional" Book Drive. Bring us your new and used children's books (and puzzles and games). Or call us and we will pick them up. All donations are...

Missouri Lawyers in the News: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Francis X. Buckley Jr., a partner in Thompson Coburn L.L.P.'s Business Bankruptcy, Restructuring and Creditors' Rights practice group, was elected a Fellow of the American College of Bankruptcy....

Download on file sharing.
April 10, 2006... Byline: Correy E. Stephenson Wade Kerrigan gave advice to a couple of clients' relatives when they contacted him about receiving letters from the music industry concerning alleged file sharing. One of the cases arose from a...

More real estate buyers can sue under consumer protection law.
April 10, 2006... Byline: Thomas F. Harrison A change in the law that allows real estate buyers to sue for nondisclosure of material facts under Missouri's Merchandising Practices Act applies retroactively to sales that occurred before it was adopted, says...

The verdict is only the beginning -- the appeal usually follows.
April 10, 2006... Byline: Correy E. Stephenson Nobody wants to lose. But lawyers are increasingly preparing themselves, win or lose, for the inevitable appeal. Tom Walsh, appellate attorney at St. Louis-based Bryan Cave, said he now spends about 10...

Missouri Court of Appeals Eastern District Case Summaries: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Jurisdiction - Timely Appeal Where a worker's claim for unemployment benefits was denied and the worker had ten days to file a notice of appeal from the Labor and Industrial...

Missouri Court of Appeals Southern District Case Summaries: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Briefing Rules - Pro Se Even though a criminal defendant filed his appeal pro se, he was still required to follow the briefing requirements set out in the appellate rules...

Missouri Court of Appeals Western District Case Summaries: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law Jury Instruction - Defense of Premises - Lawful Entry Where a criminal defendant picked up a prostitute and brought her back to his home, her entry was lawful and when he attacked...

U.S. Bankruptcy Court. Appellate Panel Case Summaries: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Conversion - Probate Assets Where the personal representative of an estate transferred over $200,000 of the estate's funds into an account held jointly in his name and his ex-wife's...

United States Court of Appeals Eighth Circuit Case Summaries: April 10, 2006.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Civil Rights Sex Offender - Classification - Immunity Even though an inmate sued for due process and equal protection violations after he was improperly classified by the parole board as a sex...

Verdicts & Settlements April 10, 2006: Kennett utility claims secured $1.6 million settlement.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff $1.6 million settlement Information gathered from more than 50,000 pieces of e-mail proved to be the power behind a $1.6 million breach of contract settlement involving two electricity-generating...

Verdicts & Settlements April 10, 2006: Negligence lawsuit drives $350,000 settlement.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff $350,000 settlement Consideration of weather conditions played a role in reaching a $350,000 driver negligence settlement in Jackson County, following a crossover crash that left the plaintiff...

Verdicts & Settlements April 10, 2006: Jury signals for auto dealer in contract dispute.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict. Attention to detail proved significant for a Henry County jury that found an auto dealer not guilty of fraud charges and breach of contract involving a couple who had leased an...

Verdicts & Settlements April 10, 2006: Medical professionals cleared in malpractice case.
April 10, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict. A St. Louis County jury entered a unanimous verdict for the defense of several medical professionals named in a malpractice lawsuit brought by a woman claiming personal injury...

A Missouri expert's viewpoint on how to prepare your next expert witness.
April 17, 2006... Byline: Donna Beck Smith As a certified public accountant who has served as an expert witness in numerous cases during the past 10 years, I've observed both good and bad practices followed by attorneys engaging experts. Often, the...

101 Quick Courtroom Tips for Busy Lawyers.(Book review)
April 17, 2006... Byline: William M. Corrigan Jr. Time is so precious when you are preparing for trial. However, if you can find an hour or two to read Bob Gerchen's new book, 101 Quick Courtroom Tips for Busy Lawyers, it will be well worth your time. ...

Information about the 33rd Kansas City annual bench-bar & boardroom conference.(Kansas City Metropolitan Bar Association and Kansas City Metropolitan Bar Foundation)(Brief article)
April 17, 2006... Byline: Missouri Lawyers Weekly Staff The Kansas City Metropolitan Bar Association and The Kansas City Metropolitan Bar Foundation will host the 33rd Annual Bench-Bar & Boardroom Conference, May 4-6 at Tan-Tar-A Resort, Golf Club and Spa at...

St. Louis law firms announce personnel changes.(Sonnenschein Nath & Rosenthal LLP hires Benjamin A. Halpert)(Paul S. Brown of Brown and James P.C. passes away)(Governor Matt Blunt appoints Paul A. Davolt as prosecuting attorney)(Obituary)
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Paul S. Brown, co-founder of Brown & James P.C. (St. Louis) died April 5, 2006 of pneumonia at St. Mary's Health Center. He was 84. Mr. Brown was a member of the Missouri Board of Governors and a...

MO supreme court rules corrections officer not committed to mental hospital for firearms restriction.
April 17, 2006... Byline: Anne C. Vitale A corrections officer, who was involuntarily "detained" in a mental ward for 96 hours on a suicide watch, was not "committed" to a mental health facility for purposes of restricting his right to carry a concealable...

Missouri mother of infant diagnosed with cerebral palsy was barred by the statute of limitations.
April 17, 2006... Byline: Joy Simmons The mother of an infant diagnosed with cerebral palsy at 18 months old was barred by the statute of limitations from filing a claim because she had a duty to start seeking legal advice upon giving birth, although the...

Missouri doctors support bill that would give dept. of insurance more discretion to approve rates.
April 17, 2006... Byline: James Monahan Doctors-support bill, expecting insurance rates to drop Trial lawyers -hope transparency absolves them of blame for rising health care costs Department of Insurance-would gain more discretion to approve rates...

St. Louis physician wins $1.5M for death of his child.(Dr. Joshua Calhoun )
April 17, 2006... Byline: Anne C. Vitale The parents of a 3-year-old boy who died of complications from bacterial pneumonia have won a $1.5 million verdict in their St. Louis County medical negligence case against his doctors and the hospital. The twin...

Missouri court of appeals case summaries: April 17, 2006.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Jurisdiction - Timely Appeal Where a worker's claim for unemployment benefits was denied and the worker had ten days to file a notice of appeal from the Labor and Industrial...

Missouri southern district court of appeals case summaries: April 17, 2006.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law Break-in- Custody - Inculpatory Statements Where a defendant was arrested on three different occasions, she invoked her right to counsel after the first arrest, but failed to do so...

Missouri western district court of appeals case summaries: April 17, 2006.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Driving Test - Good Cause Where a licensed driver with a macular degeneration eye condition of macular degeneration went to the driver's license bureau to renew his license, was...

U.S bank court case summaries: April 17, 2006.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Tax Refund - Exemption Where the debtors' tax refunds became available after the bankruptcy petition was filed, Section 513.427 RSMo. provided that tax refunds are "exempt from...

United States eighth circuit court of appeals case summaries: April 17, 2006.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff Civil Rights Ordinance - Content - Neutral Where an accountant who had an electronic sign that flashed messages such as "Choose Life," "God Listens," and "RecallCoody.com," was convicted of...

Federal judge orders franchise to repay more than $2M to Pepsico Inc.(Pepsico Inc. v. WenAmerica LLC)
April 17, 2006... Byline: Missouri Lawyers Weekly Staff $2,091,115 verdict A federal judge has ordered a franchise that operates approximately 40 Wendy's restaurants in the St. Louis region to repay more than $2 million to Pepsico Inc. for nonpayment of...

Missouri jury awards over $100K to car crash victim.(Robi Woods)(Brief article)
April 17, 2006... Byline: Missouri Lawyers Weekly Staff $101,355 verdict A Greene County jury awarded $101,355 to a car crash victim suffering from recurring headaches and handed a young lawyer his first trial victory on the same day last month. ...

Missouri jury awards $1.6M to lady struck in back with falling merchandise.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff $1.6 million settlement A Springfield woman with a history of spinal problems received a $1.6 million settlement when one more injury compounded her condition. On Oct. 6, 2001, Beverly Bottoms...

Missouri jury awards $135K to elderly lady struck by car at crosswalk.
April 17, 2006... Byline: Missouri Lawyers Weekly Staff $135,000 settlement Quality of life was the focal point when a $135,000 settlement was secured by an elderly woman who had been struck by a car at a St. Louis crosswalk. Dolores Boomershine...

Commentary: Immigration consequences of criminal conduct: injustice for the immigrant.(Case overview)
April 24, 2006... Byline: Raymond R. Bolourtchi "We hold these truths to be self-evident, that all men are created equal..." Rosa, a 30-year-old single mother, came to the United States from Ecuador with her parents at the age of 3. She became a...

Sen. Edwards to speak at Legal Aid of Western Missouri luncheon.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Sen. John Edwards, 2004 Vice Presidential nominee, will speak at Legal Aid of Western Missouri's (LAWMO) Eighth Annual Justice For All Luncheon on Wednesday, May 24, 2006, noon in the Muehlebach Tower...

Sonnenschein Nath & Rosenthal LLP turns 100 on April Fool's Day.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff The rest of the world may know it as April Fool's Day, but in St. Louis, government leaders officially declared this past April 1 "Sonnenschein Nath & Rosenthal LLP Centennial Anniversary Day." In...

Missouri Lawyers in the News: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Legal Services of Eastern Missouri's Jennifer Heggemann recently received an Access to Equal Justice Award from the Washington University School of Law. Heggemann, director of Social Work Services, was...

Man had adequate warning of smoking dangers.
April 24, 2006... Byline: Natalie White In a defense win for cigarette manufacturers, a Missouri jury decided against an 80-year-old World War II veteran who claimed cigarette companies are to blame for his emphysema, lung cancer and respiratory problems....

Evidence tampering charge stands in drug case.
April 24, 2006... Byline: Emily Umbright A St. Louis County trial court correctly convicted a man who tried to flush crack cocaine down a police station toilet, the Missouri Court of Appeals, Eastern District, said last Tuesday. The decision affirms a...

Ping-pong jurisdiction.
April 24, 2006... Byline: Heather Cole A recent U.S. Supreme Court ruling gives defense attorneys involved in class-action securities fraud cases the opportunity to bounce their cases from state to federal court. The decision also means two Missouri...

Murder-for-hire scheme may void nonmodifiable separation agreements on public policy grounds.
April 24, 2006... Byline: Joy Simmons A husband who was a target for his ex-wife's murder-for-hire scheme might be able to avoid a nonmodifiable maintenance agreement, ruled the Missouri Court of Appeals, Eastern District. But the Missouri Supreme Court...

Missouri Court of Appeals Eastern District Case Summaries: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Inadequate Brief - Points Relied On Where an appellant's brief included points relied on that did not challenge the trial court's actions, the brief failed to...

Missouri Court of Appeals Southern District Case Summaries: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Record Of Trial - Lost Recording - Remand Where the audio recording of a trial in a license revocation case was lost, the case must be remanded for a new trial. Judgment...

Missouri Court of Appeals Western District Case Summaries: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Criminal Law NGRI - Affirmative Defense - Sua Sponte Action Where a defendant in an assault case introduced evidence of mental disease or defect to negate the required mental state for the...

Missouri Supreme Court Decisions: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Counties Concealed Weapon - Permit - Commitment Where a corrections officer was involuntarily detained in a mental health facility for 96-hours, evaluated and then released, he had not been...

United States Court of Appeals Eighth Circuit Case Summaries: April 24, 2006.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Medicaid - Qualified Immunity - Medically Necessary Care Where a state agency challenged a district court injunction forcing it to keep a child health management program, the...

Verdicts & Settlements April 24, 2006: Concrete products supplier wins tortious interference case.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff $285,000 verdict A concrete pipe supplier, left out of a Metropolitan Sewer District job bid, received $285,000 in its tortious interference with business expectancy claim. After a four-day...

Verdicts & Settlements April 24, 2006: Trucker injured after uninsured driver runs red light.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff $475,000 settlement A formula used to estimate future earnings loss led to a $475,000 personal injury settlement between a professional truck driver and an uninsured motorist. On Nov. 28,...

Verdicts & Settlements April 24, 2006: Woman secures settlement in premises liability case.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff $400,000 settlement A woman who was sexually assaulted inside her south St. Louis apartment has reached a $400,000 settlement with her former landlords, whom she claimed left an avenue of...

Verdicts & Settlements April 24, 2006: Woman with flat on bridge hit by tractor settles with company.
April 24, 2006... Byline: Missouri Lawyers Weekly Staff Confidential settlement A woman injured in a highway crash while on her way to work finally settled her lawsuit for an undisclosed amount, although the initial offer from the defendant was $1.5...