Missouri Lawyers Weekly articles from January 2004

Missouri Lawyers Weekly archives from January 2004

Missouri lawyers promotions and personnel changes.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Jon E. Beetem and Daniel P. Card II have announced their formation of a new firm, Beetem & Card, L.L.C. Jane A. Smith has also joined the firm as a principal. Previously, Card was affiliated, as of...

City of St. Louis pays $2.1M to a passenger in an automobile accident caused by traffic signal.
January 12, 2004... Byline: Missouri Lawyers Weekly staff $2.1 Million Verdict Thomas Butler sued the City of St. Louis and several other defendants after he was injured in an automobile accident. On March 27, 2001 Butler was a passenger in a 1998...

St. Louis physician and anesthesia personnel settle for $1.2M for woman who died during a D&C.
January 12, 2004... Byline: Missouri Lawyers Weekly staff $1.2 Million Settlement The husband of a 49-year-old woman who died following a dilation and curettage procedure sued for medical malpractice. Cynthia Holmes underwent the D&C at a St. Louis...

Kansas City Southern Rail-way pays employee $50K for back injury from automobile accident.
January 12, 2004... Byline: Missouri Lawyers Weekly staff $50,000 Verdict Kelvin Ward filed a FELA claim against Kansas City Southern Rail-way after an accident involving an employee van. KC Southern contracted with an outside company to transport...

Missouri jury delivers a defense verdict for a driver sued by a doctor in an automobile accident.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Defendant's Verdict A doctor involved in an automobile accident claimed in his suit against the other driver that his subsequent alcoholism and depression caused him to miss a substantial amount of...

St. Louis jury delivers a defense verdict for physician sued for medical malpractice.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Defendant's Verdict A woman who claimed an 11-year course of narcotic pain medication damaged her liver sued her physician for medical malpractice. In 1984 Glenda Bishop underwent spinal fusion...

United States bankruptcy court of appeals case summaries: January 12, 2004.(Brief article)
January 12, 2004... Byline: Missouri Lawyers Weekly staff Bankruptcy Jurisdiction - Partial Summary Judgment - Final Order Where a bankruptcy court granted a partial summary judgment to a creditor in a Chapter 11 case, the order was not a final...

Missouri Court Of Appeals case summaries: January 12, 2004.(Brief article)
January 12, 2004... Byline: Missouri Lawyers Weekly staff Driver's License DWI - BAC - Test Printout Even though no printout of blood alcohol test results was submitted by the Director in a drunk driving case, under the statute the arresting...

Missouri Court Of Appeals case summaries: January 12, 2004.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Appellate Practice Rule 74.04 - Summary Judgment - Attorney's Fees (1) Where a party in a contract case failed to set forth facts in support of its request for summary judgment, failed to make...

Missouri Court of Appeals case summaries: January 12, 2004.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Administrative Gaming License Application - Denial - Incomplete Disclosure Where a man employed as a casino vice president failed to disclose two arrests on his gaming license application,...

Missouri court of appeals rules that a railroad could be sued for spoliation in crossing accident.
January 12, 2004... Byline: Anne C. Vitale A railroad could be sanctioned for spoliation in a crossing accident case even though the evidence was destroyed pursuant to a routine document retention policy before there was any notice of the lawsuit, the 8th...

Missouri Lawyers Weekly's top ten lawyers of 2003.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Each day, all of the practicing lawyers in Missouri contribute to the profession in one way or another, largely without recognition. In this special feature, Lawyers Weekly has selected 10 lawyers who...

Missouri Attorney Jane Dueker explains her chief of staff position for Gov. Bob Holden.
January 12, 2004... Byline: Aaron Brown Born: 1965 Education: St. Louis University, J.D., 1992; University of Missouri, Kansas City, B.A., 1987 Bar Admission: 1992, Missouri Professional Experience: Chief of Staff, Gov. Bob Holden,...

St. Louis attorney Burton Newman characterizes his 2003 practice as "pretty successful".(Biography)
January 12, 2004... Byline: Aaron Brown Born: 1946 Education: University of Missouri, J.D., 1972; University of Missouri, B.S., 1969 Bar Admission: 1972, Missouri Professional Experience: Private practice, currently with Lacks, Newman & Wynne,...

Missouri Attorney Sean O'Brien files habeas corpus on a death row case.
January 12, 2004... Byline: Aaron Brown Born: 1956 Education: University of Missouri, J.D., 1980; Northwest Missouri State University, B.A., 1976 Bar Admission: 1980, Missouri Professional Experience: Private practice, currently director of the...

Missouri Attorney Dennis Owens explains how to not give up on hope.(Interview)
January 12, 2004... Byline: Aaron Brown Born: 1944 Education: University of Notre Dame, J.D., 1975; Rockhurst College, A.B., 1967 Bar Admission: 1975, Missouri Professional Experience: Private practice, currently with Law Offices of Dennis...

Missouri attorney Rebecca Randles files six sex abuse cases on behalf of nine clients in 2003.(Biography)
January 12, 2004... Byline: Aaron Brown Born: 1963, Joplin Education: Baylor Law School, J.D., 1988; Southwest Baptist University, B.A., 1985 Bar Admission: 1988 Missouri, Kansas, Massachusetts Professional Experience: Randles & Mata, Kansas...

Missouri Attorney Curtis S. Shaw fights two major legal battles in 2003.
January 12, 2004... Byline: Anne C. Vitale Born: Dec. 9, 1948 in Hartford, Conn. Education: Columbia University School of Law, J.D., 1973; Trinity College, B.A., 1970 Bar Admissions: 1974, New York; 1989, Connecticut Professional Experience:...

Missouri Attorney Lisa Weixelman's original goal was to teach retail business at the college level.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Born: 1956, Topeka, Kan. Education: Kansas State University, Bachelor of Science, Fashion Merchandising, 1977; University of Missouri Kansas City Law School, 1982 Bar Admissions: 1982 ...

St. Louis judge rules that piercing the corporate veil will establish personal jurisdiction.
January 12, 2004... Byline: Kenneth C. Jones Personal jurisdiction over a foreign corporation could be established by piercing the corporate veil of its American subsidiary, a St. Louis City circuit judge has ruled. Although this conclusion represented...

Missouri U.S. Bankruptcy Court revises it local rules of practice.
January 12, 2004... Byline: Missouri Lawyers Weekly staff Major Changes To Bankruptcy Court Rules The U.S. Bankruptcy Court for the Western District of Missouri has drafted a complete revision of its Local Rules of Practice. The rules were revised in...

St. Louis City Panel names three judicial nominees to submit to Gov. Holden.
January 12, 2004... Byline: Missouri Lawyers Weekly staff The 22nd Judicial Circuit Commission for the city of St. Louis recently announced that it has selected a panel of three judicial nominees to submit to Gov. Holden. One of those nominated will fill the...

St. Louis survey shows it takes approximately eight years to make partner at today's law firms.
January 12, 2004... Byline: Missouri Lawyers Weekly staff So how long does it take to achieve the coveted status of partner in today's law firms? According to a recent survey of attorneys, the path to partner takes an average of eight years. The...

Missouri Appellate Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where an appellant's point relied on merely identified the ruling of the trial court alleged to be erroneous without any explanation, his...

U.S. Court of Appeals Eighth Circuit Case Summaries: January 12, 2004.
January 12, 2004... Byline: Missouri Lawyers Weekly Staff Attorneys Discipline - Hearing Procedure - Failure to Follow Where an attorney whose license was revoked for ethical violations was represented by counsel in a telephone hearing and testified...

U.S. Bankruptcy Court Case Summaries: January 12, 2004.
January 12, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Jurisdiction - Denial of Confirmation - Final Order Where debtors were denied confirmation of their Chapter 13 plan, the debtors' bankruptcy case was still pending and the denial was...

Missouri Court of Appeals says dad's failure to pay full support wasn't criminal.(Case overview)
January 19, 2004... Byline: Anne C. Vitale A father who did not pay the full amount of monthly child support ordered in his divorce proceeding could not be convicted of criminal nonsupport, the Missouri Court of Appeals' Western District has ruled. This...

Missouri Court of Appeals says legal-mal rule not 'trumped' in bankruptcy.(Case overview)
January 19, 2004... Byline: Anne C. Vitale A bankruptcy trustee could not assign a debtor's potential legal malpractice claims to his creditors, the Missouri Court of Appeals' Southern District has ruled. This was because the assignment of legal...

Missouri's largest verdicts of 2003.
January 19, 2004... Byline: Kenneth C. Jones Reflecting a nationwide trend, large jury awards to individual plaintiffs in Missouri dropped substantially in 2003. Whether or not calls for tort reform affected jurors is difficult to determine, but one thing...

10 years ago in Missouri Lawyers Weekly.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff New Bills: Automation, Smaller Juries The Missouri General Assembly will tackle a wide array of legislation this session that will affect the practice of law in the state. If passed, pending bills...

No. 2 (tie) plaintiffs' verdict but immunity may limit recovery to $125K.
January 19, 2004... Byline: Kelly Kress Last Demand: None Size of Verdict: $25 million Status: On appeal to Missouri Court of Appeals, Western District Type of Case: Automobile Accident Date of Verdict: March 7, 2003 Case Name: Angell v....

No. 4 plaintiffs' verdict for 2003.(Hill v. Pinnacle Realty Management Co. and St. Louis Housing Authority)
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Last Demand: $5 Million Size of Verdict: $18 Million Status: Confidential settlement before appeal Type of Case: Negligence Date of Verdict: Feb. 2003 Case Name: Hill v. Pinnacle...

No. 5 plaintiffs' verdict for 2003.(Case overview)
January 19, 2004... Byline: Aaron Brown Plaintiff Argues Adverse Inference From Missing Evidence Last Demand: $2 Million Size of Verdict: $5.5 Million Status: On appeal to Missouri Court of Appeals, Eastern District Type of Case: FELA ...

Study 'validates' $10B consumer fraud judgment.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Stephen Tillery, who won a $10.1 billion judgment in a Madison County, Ill., class action lawsuit against Philip Morris, says a new study -- which concludes that smokers of "light" cigarettes...

Kansas City attorney writes article in Fall 2003 Missouri Law Review.(Brief article)
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Douglas R. Richmond, a partner at Armstrong Teasdale in Kansas City, has written an article entitled "Class Actions and Ex Parte Communications: Can We Talk?" in the Fall 2003 Missouri Law Review. ...

Carson Law Firm to host marketing seminar.(Brief article)
January 19, 2004... Byline: Missouri Lawyers Weekly Staff The Carson Law Firm, a family law practice in St. Louis, will host a free seminar entitled "Marketing on a Shoestring" on Friday, Jan. 23. The program, which is targeted toward small business owners,...

Missouri Lawyers in the News: January 19, 2004.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Harris, McCausland & Schmitt, PC, in Kansas City announced that Cline I. Boone, Rachael A. Taggart, Barry A. Gilbert, Kemba L. Thomas and Joseph J. Kodner have joined the firm as associates specializing...

Verdicts & Settlements January 19, 2004: Farm taken for highway intersection.(Missouri Department of Transportation vs. Nicolai)(Brief article)
January 19, 2004... Byline: Missouri Lawyers Weekly Staff $5.6 Million Settlement A St. Charles County farmer filed exceptions to a commissioners award after his property was taken by the Missouri Department of Transportation. MoDOT acquired 33 acres...

Verdicts & Settlements January 19, 2004: Woman died in nursing home.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff $260,000 Settlement The estate of a woman who died in a nursing home sued for negligence. Viola Denham was diagnosed with Alzheimer's Disease in 1998. In June 2000, when she was 81, Denham...

Verdicts & Settlements January 19, 2004: Teen died in car accident.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict The mother of a 16-year-old who died in an automobile accident sued the county where the accident occurred, claiming that the accident was caused by negligent road construction....

Verdicts & Settlements January 19, 2004: Woman's car was rear-ended.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff A woman who was injured in a rear-end collision sued for her injuries. In April 1997 Cynthia Sklebar was driving on Telegraph Road in south St. Louis County when she was rear-ended by Megan Gibson....

United States Court of Appeals Eighth Circuit Case Summaries: January 19, 2004.
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Contract Employment Agreement - Recruitment Commissions Even though an employment recruiter agreed on occasion to divide sales commissions with co-workers differently than in an oral contract...

U.S. Bank. Ct. - App. Panel Case Summaries: January 19, 2004.(Brief article)
January 19, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Rule 2004 Exam - Employment Claim Where a debtor was terminated from her job after her bankruptcy case was converted from Chapter 13 to Chapter 7, any claim she might have for...

No. 1 defendants' verdict for 2003.(Case overview)
January 19, 2004... Byline: Anne C. Vitale Last Demand: $10 Million Size of Verdict: Defendant's Verdict Type of Case: Medical Malpractice Date of Verdict: July 28, 2003 Case Name: Gonzales v. Tenet HealthSystem DI, Inc. Court: St. Louis...

No. 1 plaintiffs' verdict for 2003.(Case overview)
January 19, 2004... Byline: Kelly Kress Last Demand: $4 million Size of Verdict: $30.4 million Status: On appeal after transfer to Missouri Supreme Court before opinion of Court of Appeals Type of Case: Negligence Date of Verdict: Feb. 27,...

No. 2 (tie) plaintiffs' verdict for 2003.(Case overview)
January 19, 2004... Byline: Aaron Brown Last Demand: $15 million Size of Verdict: $25 million Status: On appeal to Missouri Court of Appeals, Eastern District Type of Case: Products Liability Date of Verdict: March 27, 2003 Case Name:...

Missouri Court of Appels says Second Injury Fund not liable for 'second job' death pmts.
January 26, 2004... Byline: Anne C. Vitale The Second Injury Fund did not have to pay death benefits to the family of a worker who was killed while working a second job, the Missouri Court of Appeals' Western District has ruled in a case of first impression....

Default judgment could not be increased Missouri Court of Appeals says.(Eric Jew sues The Home Depot Inc.)(Case overview)
January 26, 2004... Byline: Kenneth C. Jones Where the plaintiff's petition in a premises liability case sought damages "in excess of $25,000 and less than $75,000," the trial court could not award $250,000 after a default hearing, the Missouri Court of...

Legal issues 10 years ago in Missouri.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff New Limits Proposed For Advertising The Missouri Supreme Court has proposed revisions to Rules 7.2 and 7.3, which would require attorneys to include disclaimers in all their advertisements, and...

Young Lawyers' Section of The MO Bar sponsoring voter registration project.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff The Young Lawyers' Section of The Missouri Bar and Charter Communications are teaming up to sponsor a voter registration project called "Vote Missouri." The project involves recruiting lawyers to visit...

Chief Justice Ronnie White delivers State of the Judiciary speech.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Back in the place where he began his political career, Chief Justice Ronnie White told budget-conscious lawmakers he is committed to saving money in the judiciary while making it more "professional,...

Patricia L. Cohen sworn in as judge of Missouri Court of Appeals' Eastern District.(Brief article)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Patricia L. Cohen was formally sworn in as judge of the Missouri Court of Appeals' Eastern District on Jan. 16 in St. Louis. Missouri Supreme Court Chief Justice Ronnie White administered the oath...

Missouri Lawyers in the News: January 26, 2004.(Thompson Coburn LLP appoints Eileen P. Brown, Christopher M. Hohn, Robert J. Wagner)(Tueth Keeney Cooper Mo-han and Jackstadt appoints Peter H. Ruger)(Cowden and Rice LLC appoints John Cooney)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Thompson Coburn LLP has elected Eileen P. Brown, Christopher M. Hohn and Robert J. Wagner as partners of the firm. Brown practices in the firm's banking and commercial finance group, focusing on...

Verdicts & Settlements January 26, 2004: Bowel obstruction was not diagnosed.(Case overview)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff $2.5 Million Settlement A woman who claimed that her physicians failed to diagnose and treat a bowel obstruction and underlying vascular disease sued several defendants for medical malpractice. ...

Verdicts & Settlements January 26, 2004: Heart attack followed epinephrine shot.(Brief article)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Confidential Settlement A woman who claimed that an overdose of intravenous epinephrine caused a heart attack and neurological damage sued for medical malpractice. On May 6, 1999 Joyce...

Verdicts & Settlements January 26, 2004: Tractor-trailer hit automobile.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff $346,000 Settlement An automobile passenger injured in an accident with a tractor-trailer sued the trucking company, the truck driver and the driver of his car. Jesus Heredia, 21 years old,...

Verdicts & Settlements January 26, 2004: Boy had ear damage after adenoidectomy.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff $225,000 Settlement The parents of a 1-year-old who suffered injuries to his eustachian tubes during ear surgery sued for medical malpractice. Aaron Wallis was experiencing chronic ear...

Verdicts & Settlements January 26, 2004: 60-year-old fell in grocery store.(Brief article)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff $4,000 Verdict A 60-year-old man who slipped and fell in a grocery store sued for premises liability. On Feb. 6, 2001 Henry Roland was shopping in Larry's IGA Super Center in Kansas City. He...

United States Court of Appeals Eighth Circuit Case Summaries: January 26, 2004.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Employer - Employee Discrimination - Hostile Environment - Co- Worker Where a plant worker who claimed she was sexually harassed by a co-worker did not show that the co-worker had any authority...

U.S. Bank. Ct. - App. Panel Case Summaries: January 26, 2004.(Brief article)
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Standing - Notice - Failure to Receive Where the principal shareholder of a debtor company did not attend and establish at a hearing on the motion for compromise a real possibility...

Missouri Court of Appeals Eastern District Case Summaries: January 26, 2004.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Default - Excess Damages - Jurisdiction Where the petition of a plaintiff in a civil case requested damages of "less than $75,000," the trial court lacked subject matter...

Missouri Court of Appeals Southern District Case Summaries: January 26, 2004.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Court Records - Failure to Certify Where a defendant in a civil case attached an amended petition and judgment from an earlier case to his motion to dismiss on the grounds of...

Missouri Court of Appeals Western District Case Summaries: January 26, 2004.
January 26, 2004... Byline: Missouri Lawyers Weekly Staff Contracts Breach - Offer - Invitation Where a letter from the owner of an apartment complex to a potential buyer suggested the buyer draw up a contract for him to show to his partner whose...

Roofer who touched power line settles suit vs. KCP&L.
January 26, 2004... Byline: Anne C. Vitale A roofer who suffered an electrical shock when he touched a power line -- and claimed $3 million in special damages -- has settled his Jackson County case against Kansas City Power & Light for a confidential amount....

Sale of car without title draws punitive damages.
January 26, 2004... Byline: Kenneth C. Jones Where an auto dealer failed to give title to a buyer but later filed a breach of contract case against him, the buyer could sue for malicious prosecution -- and recover punitive damages -- after the contract case...