Missouri Lawyers Weekly articles from December 2005

Missouri Lawyers Weekly archives from December 2005

Commentary: To win in mediation, don't think like a litigator.
December 5, 2005... Byline: Erwin O. Switzer One of the obstacles to a successful mediation is the mindset of successful litigators. The passionate arguments and zealousness that can lead to a win for a litigator can prevent the parties from reaching a...

When courts infringe upon civil liberties.(civil rights)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff U.S. courts have consistently granted the government permission to conduct illegitimate actions in the name of national security, according to University of Missouri-Columbia law professor Christina...

Young Lawyers' Section Giving Tree program to help three charities.(Brief Article)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff The Young Lawyers' Section recently launched its Fourth Annual Giving Tree charitable holiday campaign. Regional chairs will begin asking lawyers and law firms to make a contribution with the proceeds...

Man once racially excluded, now may get law degree.(Lloyd Gaines to get honorary degree from University of Missouri )(Brief Article)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff The University of Missouri Board of Governors unanimously voted to support the nomination of Lloyd Gaines for an honorary law degree from the University of Missouri. A group of MU law school faculty and...

Young Lawyers' Section donates to Kansas City Women's Shelters.(Brief Article)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Kansas City area women's shelters received clothing, toiletries, household items and cash collected by the Needs of Families Committee at the The Missouri Bar Annual Meeting last September in Kansas...

Missouri Lawyers in the News: December 5, 2005.(Legal Services of Eastern Missouri )
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Thompson Coburn has announced it will donate $120,000 to Legal Services of Eastern Missouri, creating the William G. Guerri Chair. William G. Guerri is a longtime partner and former managing partner of...

Verdicts & Settlements December 5, 2005: Construction worker electrocuted when moving scaffolding.(English v. Empire District Electric Company)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff $4 million verdict A construction worker who was electrocuted while moving scaffolding has won his Jasper County personal injury case against an electric company. On Oct. 11, 1995, Eddie...

Verdicts & Settlements December 5, 2005: Man's back broken in car wreck.(Ware v. Macken)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff $100,000 Settlement A man whose back was broken when his car rolled after being forced into a drainage ditch by a car he was passing has settled his Jackson County personal injury case against the...

Verdicts & Settlements December 5, 2005: Construction company says price increase breached contract.(Blum Construction Inc. v. Corle Building Systems Inc.)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff $198,344 verdict A construction company has won its Franklin County breach of contract claim against a metal building supplier who increased the cost of work after a contract was signed. Blum...

Verdicts & Settlements December 5, 2005: Parents claimed doctor's negligence led to stillbirth.(Julie Coombs and Michael Coombs v. SSM Health Care St. Louis)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's verdict A jury has found a hospital not liable for a patient's stillborn delivery. After becoming pregnant, Julie Coombs received prenatal care from a maternal fetal medicine...

United States Court of Appeals Eighth Circuit Case Summaries: December 5, 2005.(Cornish v. Federal Aviation Administration)(Reproductive Health Services of Planned Parenthood of St. Louis v. Nixon)(Randall v. Federated Retail Holdings Inc.)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Administrative Appeal Brief - Timeliness - Good Cause Where an aircraft mechanic, whose certificate was revoked after he submitted an adulterated urine sample, challenged the validity of the...

Missouri Court of Appeals Eastern District Case Summaries: December 5, 2005.(State v. Davis)(State v. Hunter)(Coleman v. Hirsch)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Sentencing - Mandatory Terms - Drug Offender Where the trial court found a criminal defendant to be a prior and persistent drug offender, the court's sentences did not comply with...

Missouri Court of Appeals Southern District Case Summaries: December 5, 2005.(State v. Potts)(Spears v. State)(State v. Rayborn)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Vindictive Prosecution - Presumption - Due Process Violation Where a prosecutor filed enhanced charges against a drug defendant immediately after the defendant was granted a...

Missouri Court of Appeals Western District Case Summaries: December 5, 2005.(State v. Todd)(Richards v. Treasurer)(Higgins v. The Quaker Oats Company)
December 5, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Child Endangerment - Substantial Risk - Sufficiency Of Evidence (1) Where a woman was convicted of second-degree child endangerment after she left her 9-year-old son in a locked...

Missouri Watch: Watching out for consumers.(coalition formed for patient safety, workers' compensation and insurance reform)
December 5, 2005... Byline: Amanda C. Tinnin Being a medical malpractice lawyer can be somewhat of a paradox. For Michael Mohlman, an attorney with the Kansas City firm of Sly James, a perfect world would mean no one would need him. Mohlman likes what he...

Labor unions challenge workers' comp law.
December 5, 2005... Byline: John DeMoor More than 70 labor organizations filed a lawsuit last week to constitutionally challenge Missouri's new workers' compensation law, calling it "damaging" legislation that has reduced worker protections and shifted costs...

Patent law changes may generate rush of applications.
December 5, 2005... Byline: Lora Volkert and Anne Vitale Proposed changes to intellectual property law may provoke a race to the patent office, patent attorneys say. The Patent Act of 2005, pending in the U.S. House, would change laws under which patents...

Consumers liable for debt on multiple loans secured under umbrella credit agreement.(Missouri State Credit Union v. Wilson)
December 5, 2005... Byline: Joy Simmons Consumers who obtained an auto loan and a credit card account secured by the same collateral were still liable for the credit card debt even though the "absolute bar" rule prohibited recovering the deficiency on the...

St. Louis-based Bryan Cave loses five Middle East lawyers to Fulbright.(John V. Lonsberg, Mark E. Bisch, Hassan Mostafa Kamel Elsayed, Amgad T. Husein and Stanley E. Rice joined Fulbright and Jaworski L.L.P.)(Brief Article)
December 12, 2005... Byline: Donna Walter The international law firm of Fulbright & Jaworski announced the expansion of its Middle East practice by adding five new attorneys from St. Louis-based Bryan Cave. The five Bryan Cave attorneys joining Fulbright...

Wanted: Lawyerly Valentine's Day Advice.
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Valentine's Day is coming, and what better time to remind those who are young at heart that love and the law go together hand in hand. The bar is putting together for media distribution a light list of...

Fifty years of integration celebrated by the KC Metropolitan Bar Assn.(Kansas City Bar Association)
December 12, 2005... Byline: Charles Emerick Many of the details he has forgotten, but Keith Martin does remember the emotions that filled a 1955 Kansas City Bar Association meeting. At stake was a vote that could forever change the organization. If...

MO Court of Appeals' Eastern District rules subsidence required in lateral support claims.(Missouri)
December 12, 2005... Byline: Joy Simmons A landowner must demonstrate a disturbance in property, before a neighboring landowner can be held liable for damages because of withdrawal of lateral support, the Missouri Court of Appeals' Eastern District ruled. ...

MO Lawyers in the News: December 12, 2005.(Missouri)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Gov. Matt Blunt has appointed Judge John C. Brackman as the associate circuit judge of the 42nd Judicial Circuit. Brackman served as circuit judge for Franklin, Gasconade and Osage Counties from 1976...

U.S. Court Of Appeals 8th Circuit Case Summaries: December 12, 2005.(Davis v. The Walt Disney, Kroeplin Farms General Partnership v. Heartland Crop Insurance Inc., Neal v. Fields)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Civil Rights Licensing Board - Disclosure To Employer - Property Right Where a nurse brought a civil rights action against the state licensing board after the board disclosed to a prospective...

MO Supreme Court Case Summaries: December 12, 2005.(Woods v. State)(Brief Article)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Guilty Pleas - 'Separate Occasion' - Section 570.040 Where a criminal defendant charged with theft under Section 570.040 pleaded guilty and the state presented two previous guilty...

MO Court Of Appeals Eastern District Case Summaries: December 12, 2005.(Boyce v. Boyce)(Stearns Bank v. Palmer)(Mello v. Davis )
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Pending Claims - Judgment - Finality Where a trial court dismissed a husband's petition for a marriage annulment but the wife's counter-petition for dissolution was still...

MO Court Of Appeals Southern District Case Summaries: December 12, 2005.(Missouri)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Default Judgment - Rule 74.01(a) - Finality Where a trial court's order setting aside a default judgment was not denominated a judgment, the order was not a final judgment...

MO Court Of Appeals Western District Case Summaries: December 12, 2005.(Alexander v. Chandler)(Magee v. Brown)(Pride v. Lewis )
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Agency Apparent Authority - Consent - Representations To Third Party Where plaintiff brought a breach of contract action against a nitrogen salesperson and a company that allowed the...

U.S. Bank. Ct. - App. Panel Case Summaries: December 12, 2005.(Ruesch v. Household Automotive Finance Corporation)(Brief Article)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Deficient Filing - Failure To Appear - Dismissal Where Chapter 13 debtors failed to cure various deficiencies in their filings, failed to appear at a hearing on their motion and did...

Verdicts & Settlements December 12, 2005: Insurance company ordered to pay 75 percent of damages.(John Haynes Jr. and Troostwood Banquet Hall Inc. v. Ray Edgerson and Ray Edgerson Insurance Agency Inc.)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff $5,730,000 verdict After a jury handed down a $5 million negligence verdict, a banquet hall owner claimed his insurance agent failed to procure appropriate insurance and should pay the damages the...

Verdicts & Settlements December 12, 2005: Medicine Shoppe franchisee does not owe future profits.(Medicine Shoppe International Inc. v. AMW RX inc. and Alan Weissman)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Respondent's verdict An arbitrator ruled in favor of a franchisee that closed a pharmacy franchise and was being sued for $308,000 in lost future profit. In 1992, Alan Weissman entered into a...

Verdicts & Settlements December 12, 2005: Woman injured in accident with tractor trailer.(Marcia Evans v. Rex Lee Seimer Trucking LLC and Premium Standard Farms Inc.)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff $600,000 settlement A woman who was injured in an accident with a tractor trailer has settled her Jackson County negligence case. During the afternoon of April 17, 2004, plaintiff Marcia Evans...

Verdicts & Settlements December 12, 2005: Doctors not at fault for boy's severe brain injury.(Bates County Memorial Hospital)
December 12, 2005... Byline: Missouri Lawyers Weekly Staff Defendants' verdict A 7-year-old boy, who was diagnosed with a severe brain injury at three weeks of age, lost his Jackson County medical malpractice case. Steven Thompson was born four weeks...

Acquittals used in sentencing at criminal trial.(State v. Clark )
December 12, 2005... Byline: John DeMoor A shooting victim in a murder trial pointed to a co-defendant in the courtroom, instead of the defendant Calvin Clark, as the man that had shot him. The prosecutor asked the witness to take a closer look. Again, the...

Lateral recruiting is a way of life in the legal environment.
December 12, 2005... Byline: Amanda C. Tinnin This holiday season, as you get ready for parties, remember to go easy on the eggnog. Santa Claus may not be the only one keeping an eye on you. December provides plenty of opportunities for lawyers to mingle...

Missouri Court of Appeals Eastern District Case Summaries: December 19, 2005.(Ramsey v. State)(Bhakta v. Director of Revenue)(Young v. American Airlines Inc.)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Post- Conviction Relief - Counsel - Effectiveness Where the record in a criminal case showed that the defendant was clearly aware of the issues that he later claimed his trial...

Missouri Court of Appeals Western District Case Summaries: December 19, 2005.(State ex rel. Riverside Pipeline Company v. Public Service Commission)(State v. Beggs)(Carlyle v. Missouri Department of Corrections)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Administrative Prudence Review - 'Aggrieved'- Rule 84.05(e) Where the Public Service Commission appealed a circuit court judgment correcting a commission decision and pipeline companies filed...

Mogab, Sedey win commission run-off elections.(Nancy Mogab, Mary Anne Sedey)(Circuit Judicial Commission)
December 19, 2005... Byline: Donna Walter 2005 may go down as the Year of the Woman at least when it comes to the judicial commission elections. The results of the run-off elections have Nancy Mogab winning the Eastern District attorney spot on the...

Nominations in for Eastern District vacancy.(Brief Article)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff The Appellate Judicial Commission announced Dec. 9 that it had submitted to Gov. Matt Blunt its panel of nominees to fill a vacancy on the Missouri Court of Appeals, Eastern District. The vacancy exists...

Verdicts & Settlements December 19, 2005: Mother claims doctor waited too long to perform c-section.(Lindsey N. Miller & Sharon Miller as next friend v. SSM Regional Health Services D/B/A St. Mary's Health Center, Jefferson City Medical Group, PC, Women's Clinic of Jefferson City, PC and Dr. Robert E. Ferris)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Defendants' verdict A mother whose daughter suffered a severe brain injury because of lack of oxygen during her birth has lost her St. Louis County medical malpractice suit. Plaintiff Sharon...

Verdicts & Settlements December 19, 2005: Ex-wife seeks assets after former husband's death.(Kunzler v. Bank of America)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff $650,000 settlement A woman who alleged an amendment to her former husband's trust shifted more than $800,000 of assets away from her and the couple's son has settled her probate claim. ...

Verdicts & Settlements December 19, 2005: Plaintiff says grain bin demolished too soon.(Rollie Jenkins and Eagle Mills Inc. v. The City of Higginsville and Jerry McClain)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff $105,000 verdict A Higginsville grain elevator owner has been successful in his suit after officials removed one of his grain bins, causing extensive damage to his grain elevator system. The...

Verdicts & Settlements December 19, 2005: Plaintiffs claim injuries after being rear-ended.(Jerry Lucas and Amy Watts v. Nicole R. Majewski)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's verdict Two people who claimed they were injured in an automobile accident have lost their personal injury suit against the other driver. Plaintiff Jerry Lucas was driving Plaintiff...

United States Court of Appeals Eighth Circuit Case Summaries: December 19, 2005.(Horton v. Conklin)(Dornheim v. Sholes)(Laughlin v. Schriro)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Jurisdiction - Diversity - Dispensable Parties Where a successor trustee brought an action to construe a trust that had been altered several times, the district court properly...

U.S. Bank. Ct. - App. Panel Case Summaries: December 19, 2005.(In Re: Sabala)(Brief Article)
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Sanctions - Notice - Pro Se Creditor Where a creditor violated a discharge injunction and the bankruptcy court gave the pro se creditor ample notice of possible sanctions, the court...

Judge says fire inspection fee needed voter approval.(Ashworth v. City of Moberly)
December 19, 2005... Byline: Amanda Tinnin Fiscal concerns are present in every city. The increased cost of utilities and health care, providing public services within the limits of revenue growth and maintaining capital reserve accounts are common issues in...

Sign up now for Missouri Bar Assn.'s new speaker's bureau.
December 19, 2005... Byline: Missouri Lawyers Weekly Staff Missourians need to know how laws can improve their lives or protect their careers or businesses. That's where you as a lawyer can help. The Missouri Bar is organizing a new statewide speaker's...

Missouri Lawyers in the News: December 19, 2005.(Town and Country/Frontenac Chamber of Commerce)(Witzel and Kanzler )
December 19, 2005... Byline: Missouri Lawyers Weekly Staff St. Andrew's Resources for Seniors (STARS) has named Albert E. Schoenbeck, a member of Lathrop & Gage, one of its 25 "Ageless-Remarkable St. Louisans." The annual honor recognizes citizens 75 years or...

Verdicts & Settlements (December 26, 2005): Man injured, nephew killed in tractor trailer accident.
December 26, 2005... Byline: Missouri Lawyers Weekly Staff $2.5 million settlement After an accident injured a man and killed his nephew, the families have jointly settled their personal injury and wrongful death claims against two trucking companies and...

Verdicts & Settlements (December 26, 2005): Daughter sues nursing home over father's death.
December 26, 2005... Byline: Missouri Lawyers Weekly Staff $400,000 settlement The adult daughter of a 96-year-old nursing home male resident has settled her claims for survival and wrongful death against two nursing homes. The names of the parties have...

MO Supreme Court Case Summaries: December 26, 2005.(Missouri )
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Pleadings - Motion To Amend - Rule 55.33(a) Where defendants in a civil case filed a motion to dismiss for improper venue rather than a responsive pleading, the trial court erred...

U.S. Court Of Appeals Eighth Circuit Case Summaries: December 26, 2005.
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Arbitration Labor Dispute - Arbitration Provision - Collective Bargaining Agreement Where an employee's grievance in a labor dispute was not covered under the parties' collective bargaining...

MO Court Of Appeals Southern District Case Summaries: December 26, 2005.(Missouri)
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Brief - Defective - Pro Se Appellant Where a pro se appellant appealed the dismissal with prejudice of a claim for damages brought against an insurer, the appellant was...

MO Court Of Appeals Western District Case Summaries: December 26, 2005.(Missouri )
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Driver's License DWI - Rebuttal Evidence - Reasonable Grounds Even though an arresting officer had reasonable grounds to believe that a driver was driving while intoxicated, the driver...

Verdicts & Settlements December 26, 2005: Post-operative complications lead to death.
December 26, 2005... Byline: Amanda C. Tinnin The family of a woman who died after gastric bypass surgery received a $7.5 million verdict in its St. Louis City negligence case against the surgeon. The family alleged the doctor's delay in returning the patient...

Commission nominates three for Missouri Court of Appeals, Southern District.(Brief Article)
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Michael A. Wolff, chief justice of the Supreme Court of Missouri and chair of the Appellate Judicial Commission, announced last week that the commission has submitted to Gov. Matt Blunt its panel of...

K.C. Bar, Assn. of Women Lawyers contribute $75,000 to CASA.(Kansas City Metropolitan Bar Association)(Brief Article)
December 26, 2005... Byline: Missouri Lawyers Weekly Staff The Kansas City Metropolitan Bar Association and the Association of Women Lawyers joined forces to raise $75,000 to support Jackson County CASA (Court Appointed Special Advocates). These are dedicated...

MO Law Briefs: December 26, 2005.(Missouri)(William E. Carr been elected at American College of Real Estate Lawyers)(Angela M. Bennett been elected as president of University of Missouri Board)(Michael A. Williams been promoted at Lathrop & Gage)
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Husch & Eppenberger announces its partnership with the Saint Louis University School of Law Clinic to provide pro bono legal services to low income students enrolled in Operation Excel YouthBuild....

Verdicts & Settlements (December 26, 2005)County sues developer after casino deal goes bust.
December 26, 2005... Byline: Missouri Lawyers Weekly Staff $14,350,000 settlement A company has settled with and fully paid a county that claimed the company breach its contract to develop a new casino, hotel and entertainment facility. In 1994,...

MO Court Of Appeals Eastern District Case Summaries: December 26, 2005.(Missouri )
December 26, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Order Of Protection - Evidentiary Hearing - Adult Abuse Act Where plaintiff filed a petition for an order of protection under the Adult Abuse Act, the trial court abused its...