Missouri Lawyers Weekly articles from February 2005

Missouri Lawyers Weekly archives from February 2005

Legal fees denied to prevailing party by 8th U.S. Circuit Court of Appeals.(Citizens Legal Environmental Action Network Inc. v. Premium Standard Farms Inc.)
February 7, 2005... Byline: Kenneth C. Jones A prevailing party that said it intended to keep a fee award instead of turning over the money to its lawyers could not recover attorney fees, the 8th U.S. Circuit Court of Appeals has ruled. There was no...

MO Court of Appeals says second wife doesn't get life policy benefits.(Gillespie v. Estate of McPherson)
February 7, 2005... Byline: Anne C. Vitale A man's second wife was not entitled to life insurance proceeds upon his death even though she was named as beneficiary, the Missouri Court of Appeals' Eastern District has ruled on rehearing. A Dec. 14 opinion to...

Parents awarded $15M in fatal DWI collision in Jackson County.(driving while intoxicated)
February 7, 2005... Byline: Geri L. Dreiling The parents of a 17-year-old who was killed by a drunk driver have won $15 million in their Jackson County lawsuit. Jeff Good was on Highway 210 about 30 miles northwest of Kansas City when his car was struck...

Bridgeton girl hurt in pit bull attack recovers record verdict.(Pabst v. Geringer)
February 7, 2005... Byline: Anne C. Vitale A 9-year-old girl who was attacked by a pit pull has won $200,000 in her St. Louis County case thought to be the largest dog bite verdict in the circuit's history. The dog escaped from the next-door neighbor's...

MO Court of Appeals Eastern District to sit at St. Louis Univ. School of Law.
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Saint Louis University School of Law announced that the Missouri Court of Appeals' Eastern District will return to the school to hear cases on Tuesday, Feb. 15. Two different panels of judges will...

Tort reform gains momentum in Missouri's GOP-led legislature.(Republican Party )
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Emboldened by their expanded power, Republicans have put aside the conciliatory gestures of years past and are pushing for strict new limits on the amount of money that injured victims can win through...

Legal Services of Eastern Missouri to host 15th Justice for All Ball.
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Legal Services of Eastern Missouri will host its 15th Annual Justice For All Ball on Saturday, Feb. 26 at the Chase Park Plaza Hotel in St. Louis. The black tie event is a benefit for LSEM. The...

Missouri Lawyers in the News: February 7, 2005.(Legal Services of Southern Missouri)(Brief Article)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Blackwell Sanders Peper Martin has elected eight new partners. Practicing in the firm's Kansas City office: Andrew J. Bailey, who joined the Litigation Department in the areas of Environmental/Toxic...

United States Court of Appeals Eighth Circuit Case Summaries: February 7, 2005.(cases)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Jurisdiction - Remand - State Court Where a district court remanded a civil case because the court found it lacked subject matter jurisdiction, the appellate court does not have...

U.S. Bankruptcy Court Appellate Panel Case Summaries: February 7, 2005.(cases)(Brief Article)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Post-Petition Payments - Avoidance - Prenuptial Agreement Where the bankruptcy court avoided post-petition rent payments made by a wife to her debtor husband, the wife did not have...

Missouri Court of Appeals, Eastern District Case Summaries: February 7, 2005.(cases)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Foreign Judgment - Registration - Motion To Set Aside Where a party moved to set aside for lack of personal jurisdiction the registration of a foreign judgment entered in New...

Missouri Court of Appeals, Southern District Case Summaries: Feb. 7, 2005.(cases)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Relief From Judgment - Reversal - Improper Nunc Pro Tunc Where a trial court entered a nunc pro tunc order to change the amount of the judgment in a civil case, the order was...

Missouri Court of Appeals, Western District Case Summaries: February 7, 2005.(cases)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Docket Fee - Late Payment - Timeliness Of Notice Where an appellant in a personal injury case failed to pay the entire docket fee including surcharges before the time for...

Verdicts & Settlements Feb. 7, 2005: Teen killed by drunk driver.(Good, et al. v. Cox)(Brief Article)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff $15 Million Verdict The parents of a 17-year-old who was killed by a drunk driver have won $15 million in their Jackson County lawsuit. On June 3, 2002, Jeff Good was driving on Highway 210 in...

Verdicts & Settlements Feb. 7, 2005: Sleeping woman breathed in chemical.(Fountain v. Perry)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff $750,000 Verdict A woman who claimed she was poisoned by a chemical leak while she was sleeping has won $750,000 in her Pemiscot County negligence case. Barbara Fountain lived in a rented house...

Verdicts & Settlements Feb. 7, 2005: Real estate agent hurt in collision.(Parmentier v. Chambers)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff $550,000 Settlement A real estate agent who was injured in a head-on collision has settled her Franklin County case for $550,000. On July 20, 2000, Gina Parmentier was on Highway 50 on her way...

Verdicts & Settlements Feb. 7, 2005; Groomsman fell out of bus.(Jurcevic v. Brouk-Ziegler Motor Co. Inc.)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff $225,000 Verdict A groomsman in a wedding party who fell out of a moving bus has won $225,000 in his St. Louis City negligence case. Slavko Jurcevic, now 48, was in the wedding of a friend on...

Verdicts & Settlements Feb. 7, 2005: Girl attacked by pit bull.(Pabst v. Geringer)
February 7, 2005... Byline: Missouri Lawyers Weekly Staff $200,000 Verdict A 9-year-old girl who was attacked by a pit bull has won $200,000 in her St. Louis County lawsuit. Stephanie Pabst lived with her family in north St. Louis County. The Pabst...

Commentary: Personal Foul - Roughing the Expert.
February 14, 2005... Byline: Thomas E. Hilton Several cases in federal court have intensified the debate over expert witnesses. Gone are the days when courts revered experts with PhDs, CPAs, or specialty credentials and unconditionally accepted their...

Commentary: Cross-Examination of Experts.
February 14, 2005... Byline: Gerald P. Greiman In approaching cross-examination of an expert witness, it is critical that you come to know everything you possibly can about your quarry. So, what is an expert? Niels Bohr said "an expert is a person who has...

Commentary: Lost profit damages.
February 14, 2005... Byline: Paul H. Gardner Many contract and business tort cases involve damage claims for lost business profits. Common law actions for breach of contract, fraudulent misrepresentation, tortious interference with contract or business...

St. Louis-based Cochran Law Firm celebrates anniversary.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff The St. Louis office of the Cochran Law Firm Cochran, Cherry, Givens, Smith, Caldwell & Singleton LLC celebrated its first anniversary on Thursday, Feb. 3, with a reception for clients, partners,...

Fight over custody of pet spawns lawsuit nets $350 verdict.(Brief Article)
February 14, 2005... Byline: Missouri Lawyers Weekly Staff A Jefferson City man has won $350 in a Cole County malicious prosecution lawsuit he filed against his ex-wife following a custody battle over their pet Shih Tzu. Kevin and Beth Gebhardt were...

Missouri Lawyers in the News: Feb. 10, 2005.(Paule, Camazine and Blumenthal )(Brief Article)
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Paule, Camazine & Blumenthal in St. Louis announced that Lisa G. Moore has joined the firm as a principal practicing exclusively in the area of family law. The firm also announced the addition of three...

United States Court of Appeals Eighth Circuit Case Summaries: Feb. 10, 2005.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Attorneys Fees - Prevailing Party - Injunction Where a party in a civil case was successful in obtaining the broader injunction that he sought, he was a prevailing party and his application...

Missouri Court of Appeals Eastern District Case Summaries: Feb. 10, 2005.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgments - Finality - Failure To Prosecute Where a party received a dismissal without prejudice for failure to prosecute his petition for a writ of mandamus, the dismissal...

Missouri Court of Appeals Southern District Case Summaries: Feb. 10, 2005.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Contract Enforceability - Specific Performance - Sale Of Puppies Where a Canadian buyer sued for specific performance of an oral agreement to buy two rare puppies, the buyer insisted on a mode...

Missouri Court of Appeals Western District Case Summaries: Feb. 10, 2005.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Sunshine Law - Case Records - Search Methods Where a plaintiff claimed a trial court violated the Sunshine Law and court operating rules by refusing to make case records...

Lawyer 'embarrassed' over $575K med-mal settlement.(Parkcrest Surgical Associates Inc.)
February 14, 2005... Byline: Anne C. Vitale A 43-year-old woman who claimed that a botched hemorrhoid surgery left her with no control over her bowels has settled her St. Louis City case for $575,000. Sylvia Rinebold said that the doctor who performed the...

Verdicts & Settlements Feb. 10, 2005: Bad faith case settled.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff $9.25 Million Settlement Relatives of three people killed in a DWI accident have settled their bad faith claim against the other driver's insurer for $9.25 million. On Dec. 25, 1998, Cecil and...

Verdict & Settlements Feb. 10, 2005: Truck driver had suspended license.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff $1 Million Settlement A man who suffered a brain injury in a collision with a tractor-trailer has settled his Marion County case for $1 million. On Feb. 4, 2004, Brad Curless was driving his...

Verdicts & Settlements Feb. 10, 2005: Woman sues over hemorrhoid surgery.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff $575,000 Settlement A woman who became bowel in-continent after hemorrhoid removal surgery has settled her St. Louis City case for $575,000. In May 2000, Sylvia Rinebold, 38, had hemorrhoids...

Verdicts & Settlements Feb. 10, 2005: Homeowners sue store over fire.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A St. Louis man who claimed a candle started a fire in his home has lost his products liability suit against Target Stores. William Kenley and his wife Gail Kenley received...

Verdicts & Settlements Feb. 10, 2005: Man fell down basement stairs.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff $376,000 Award A man who fell down the basement stairs at a friend's house won a $538,000 arbitration award in his premises liability case. Larry Laing of Kansas City went to David Goodman's...

Verdicts & Settlements Feb. 10, 2005; Worker filed FMLA case.
February 14, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A worker who claimed she was improperly denied medical leave has lost her federal lawsuit. Nancy Armstrong was a 10-year veteran of Esterline Technologies, a Fortune 500...

Insurance company pays $9.2M in bad faith case.
February 14, 2005... Byline: Kenneth C. Jones Relatives of three people killed in a car accident will receive $9.25 million for their loss even though the defendant, Anthony Fields, had only $300,000 in insurance coverage. The settlement came in a bad...

Same-sex harassment claim is rejected by 8th U.S. Circuit Court of Appeals.
February 14, 2005... Byline: Geri L. Dreiling A Jan. 20 decision by the 8th U.S. Circuit Court of Appeals sheds new light on the definition of "severe and pervasive" conduct in a same-sex harassment situation. The case involved an employee of a nonprofit...

Court rules substantive due process claims vs. police are limited.
February 14, 2005... Byline: Anne C. Vitale Two police officers who were involved in a fatal collision while responding to a domestic disturbance call are entitled to qualified immunity in a Sect. 1983 substantive due process case, the 8th U.S. Circuit Court...

MO Supreme Court says medical director at clinic can't be sued.(State ex rel. Howenstine v. Roper)
February 21, 2005... Byline: Anne C. Vitale A patient who received treatment for tuberculosis at a public health clinic could not sue the clinic's director who did not treat him - for medical malpractice, the Missouri Supreme Court has ruled. This was...

MO Court of Appeals says hotel can be sued for assault of guest inside his room.(Stafford v. Drury Inns Inc.)
February 21, 2005... Byline: Kenneth C. Jones A hotel guest who was assaulted by two men in his room can sue the hotel for not having adequate security, the Missouri Court of Appeals' Eastern District has ruled even though he knew the assailants and opened...

CGL carrier had duty to defend auto accident suit, MO Court of Appeals says.(Truck Insurance Exchange v. Prairie Framing LLC,)
February 21, 2005... Byline: Kenneth C. Jones A CGL carrier had to defend an auto accident case even though its insured's employee was driving home from a bar at the time of the collision, the Missouri Court of Appeals' Western District has ruled. The...

MO Court of Appeals overturns man's contempt order.(cases)(Brief Article)
February 21, 2005... Byline: Missouri Lawyers Weekly Staff A Greene County man would apparently prefer to sit in a prison cell than hear a trial judge utter his name. Vincent Lomax was found in criminal contempt after he refused to let Judge Donald E....

U of MO-Columbia School of Law has new training program for caseworkers.(Brief Article)
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Throughout Missouri, caseworkers for children testify during juvenile and family law cases, including cases examining parental rights and guardianship where the permanency for children is paramount. A...

U of MO-KC School of Law hosting presentation by director of Office of Special Investigations.(Office of Special Investigations's Eli Rosenbaum)(Brief Article)
February 21, 2005... Byline: Missouri Lawyers Weekly Staff The UMKC School of Law is hosting a free presentation by Eli Rosenbaum, director of the Office of Special Investigations (OSI) at 7 p.m. on Wednesday at the UMKC School of Law Courtroom. A reception...

MO Lawyers in the News: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Ogletree Deakins, the nation's third largest labor and employment law firm, announced that it has opened a new office in Kansas City. Opening the office are Donald S. Prophete, the former Director of...

United States Court Of Appeals Eighth Circuit Case Summaries: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Agriculture Negligence - Herbicide Application - Preemption Where tomato farmers brought negligence and strict liability claims against a herbicide manufacturer for injury to their tomato...

Missouri Supreme Court Case Summaries: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law DWI Accident - Nonviolent Offense - Eligibility For Release Where a criminal defendant pled guilty of second-degree attempted assault after he injured a woman while driving drunk,...

Missouri Court Of Appeals Eastern District Case Summaries: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Transcript - Failure To File - Inadequate Record Where appellants in a civil case failed to file a transcript of hearings conducted by the trial court, the record on appeal...

Verdicts & Settlements February 21, 2005: Roofer fell from house.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff $340,000 Settlement A roofer who fell from a house has settled his case with the general contractor and the Grinnell Mutual Reinsurance Company for $340,000. Phillip Sutton fell off a house in...

Tobacco co. hit for over $20M in Jackson County products dase.(cases)
February 21, 2005... Byline: Anne C. Vitale The family of a 73-year-old woman who died of a heart attack after smoking for nearly 50 years has won over $20 million in a Jackson County products liability case. The jury awarded Barbara Smith $2 million in...

Missouri Court Of Appeals Southern District Case Summaries: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Negligence Premises Liability - Possession And Control - Construction Project Where a construction worker who was injured when he fell through a skylight sued the companies that owned and...

Missouri Court Of Appeals Western District Case Summaries: February 21, 2005.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff Commercial Automobile Loan - Post- Repossession Sale - Commercially Reasonable Where a finance company that repossessed and subsequently sold an automobile after the buyer defaulted failed to...

Practical aspects of incapacity planning in Missouri.(elderly care)
February 21, 2005... Byline: Debra K. Schuster The issues confronting elderly individuals with diminishing ability to care for themselves is daunting and fraught with confusion about how best to care for someone when they cannot care for themselves. ...

Changes in Supplemental Security Income rules.
February 21, 2005... Byline: Martha C. Brown and Alicia A. Albus The Social Security Administration has published the final regulations regarding how it determines an individual's income and resources under the Supplemental Security Income rules. The proposed...

Verdicts & Settlements February 21, 2005: Woman smoked for 50 years.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff $20.5 Million Verdict The family of a 73-year-old woman who died of a heart attack after smoking for nearly 50 years has won $20.5 million in a Jackson County wrongful death case against the tobacco...

Verdicts & Settlements February 21, 2005: Railroad worker hurt back.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff $1.2 Million Verdict A railroad worker who hurt his back when a switch malfunctioned has won $1.2 million in his St. Louis City FELA case. James Cox, 61, worked for Union Pacific for almost 35...

Verdicts & Settlements Feb. 21, 2005: MO Highway and Transportation Commission at fault for accident.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff $375,000 Verdict A Douglass County jury has found the Missouri Highway and Transportation Commission at fault for a collision between two cars at an intersection. Mark Rhodes was a passenger...

Verdicts & Settlements February 21, 2005: Home suffered water damage.
February 21, 2005... Byline: Missouri Lawyers Weekly Staff $190,000 Settlement A woman who said her insurance company refused to pay a claim for water damage to her home has settled her case for $190,000. In May 2001, a moving company was hired to...

Insurance company, law firm prevail in bad faith litigation.(Sam and Donna Brooks )
February 28, 2005... Byline: Anne C. Vitale An insurance company and a law firm have won defense verdicts in a St. Louis City bad faith and legal malpractice lawsuit. Sam and Donna Brooks owned a security company and worked as security guards. When they...

Court rules that surgical records of medical expert witness were off-limits.(State ex rel. Williams et al. v. Lohmar)
February 28, 2005... Byline: Kenneth C. Jones A medical malpractice defendant has been barred from subpoenaing surgical records of the plaintiff's retained expert, the Missouri Court of Appeals' Eastern District has ruled. In his deposition the expert had...

Court rules that even though concrete was torn out, supplier still gets mechanic lien.(Bates County Redi-Mix Inc. v. Windler)
February 28, 2005... Byline: Kenneth C. Jones A materials supplier could get a mechanic's lien on property even though its concrete was not installed in the final structure, the Missouri Court of Appeals' Western District has ruled in a case of first...

Lawyers as jurors seen as beneficial to practitioners.
February 28, 2005... Byline: Amanda C. Tinnin Missouri lawyers are giving high marks to a new statute that allows attorneys to serve on juries. Effective August 2004, attorneys are no longer listed among "persons ineligible for jury service." ...

Free advocacy symposium for young attorneys scheduled.(Brief Article)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Gray, Ritter & Graham is hosting an advocacy symposium for young attorneys on Friday, March 4. The symposium is free and will feature speakers on a variety of topics designed to help attorneys who have...

Missouri entrepreneurs become court reporting technology leaders.(Debbie Weaver and Kelly Willis, Midwest Litigation Services)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Debbie Weaver and Kelly Willis, co-owners of Midwest Litigation Services, are two Missouri entrepreneurs who are becoming a leading force in the national trend of court reporting technology. ...

22nd Judicial Circuit Commission seeks applicants for associate circuit judge.
February 28, 2005... Byline: Missouri Lawyers Weekly Staff The 22nd Judicial Circuit Commission announced that it is accepting applications for the position of Associate Circuit Judge. The vacancy is created by the appointment of Judge Edward Sweeney to the...

Missouri Lawyers in the News: Feb. 28, 2005.(Sanders Conkright and Warren, Fox Galvin )(Brief Article)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Sanders Conkright & Warren in Kansas City announced that Michael C. Kirk-ham and John E. Bordeau have been elected partners. The firm also announced the addition of Jason P. Roth as an associate. All...

United States Court of Appeals Eighth Circuit Case Summaries: Feb. 28, 2005.(cases)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Constitutional Student Suspensions - Due Process - School Policy Where two cheerleaders who drank alcohol before a school event were suspended from school for 10 days, the district court...

Missouri Court of Appeals Eastern District Case Summaries: Feb. 28, 2005.(cases)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Finality - Ancillary Issues Where a trial court issued orders ruling on motions for protective orders and a motion to compel discovery, the orders resolved...

Missouri Court of Appeals Southern District Case Summaries: Feb. 28, 2005.(cases)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Standing - Plaintiff Ad Litem - Personal Injury Action Even though a husband asked to be appointed plaintiff ad litem to bring a personal injury action on behalf of his deceased...

Missouri Court of Appeals Western District Case Summaries: Feb. 28, 2005.(cases)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Administrative Contested Case - Required Hearing - Trial De Novo Where a city denied a grant of a preliminary plat to plaintiff, a hearing was required by city ordinance which made the case a...

Verdicts & Settlements Feb. 28, 2005: Girl sues over scoliosis surgery.(Skaggs v. Tupper)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff $1.75 Million Settlement An 11-year-old girl who claimed that she suffered paralysis as a result of scoliosis surgery has settled her Jasper County medical malpractice case for $1.75 million. ...

Verdicts & Settlements Feb. 28, 2005: Truck hit boy playing in street.
February 28, 2005... Byline: Missouri Lawyers Weekly Staff $1.5 Million Settlement A 9-year-old boy who was injured after being hit by a truck has settled his St. Louis City case for $1.5 million. On Aug. 23, 2002, the boy was playing football with his...

Verdicts & Settlements Feb. 28 ,2005: Mentally retarded man suffered burns in negligence case.(Brief Article)
February 28, 2005... Byline: Missouri Lawyers Weekly Staff $1 Million Settlement A mentally retarded man who suffered severe burns while in the care of the defendant has settled his Cape Girardeau County negligence case for $1 million. Under an...

Verdicts & Settlements Feb. 28, 2005: Bad faith claim follows assault verdict.
February 28, 2005... Byline: Missouri Lawyers Weekly Staff Defendants' Verdict An insurance company and a law firm have won defense verdicts in the St. Louis City bad faith and legal malpractice cases filed against them. In October 1996, Daniel P....