Missouri Lawyers Weekly articles from January 2005

Missouri Lawyers Weekly archives from January 2005

MO Supreme Court rule changes now in effect.(Missouri)
January 10, 2005... Byline: Geri L. Dreiling In addition to a new year, Jan. 1 also ushered in revised Supreme Court rules with changes both big and small, changes that every attorney involved in trial and appellate practice should resolve to read. That's...

Commentary: MO Lawyers of the Year are bright lights of the profession.(Missouri)(Editorial)(Brief article)
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Sometimes it seems that lawyers have signs on their backs that say, "Hit me." They take criticism for going to bat for accused criminals; for heartlessly seeking loopholes; for chasing ambulances. ...

MO Court of Appeals, S. District rules breach by clinic voids doctor's non-compete.
January 10, 2005... Byline: Anne C. Vitale A doctor employed by a medical clinic was released from his non-compete when the clinic tried to assign his contract to a local hospital, the Missouri Court of Appeals Southern District has ruled. This was...

St. Louis City Circuit Court Panel announced by judicial commission.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff The St. Louis City Judicial Commission announced the panel of three nominees to be submitted to Gov. Bob Holden to fill the circuit judge vacancy on the St. Louis City Circuit Court. The vacancy was...

MO Bar Assn. assembles state's best judges to present "Tips from the Bench" to attorneys.(Missouri Bar)(Brief article)
January 10, 2005... Byline: Missouri Lawyers Weekly Staff The Missouri Bar has assembled an all-star faculty of some of the state's best judges to present Tips from the Bench -- focusing on the most important and practical aspects of practice in their courts....

MO bankruptcy court rules Tax Injunction Act barred court from exercising jurisdiction.(Missouri)(Brief article)
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Jurisdiction - Tax Injunction Act - State Tax Where a dispute arose in the Chapter 11 bankruptcy case of a mining company over a tax liability, the Tax Injunction Act barred the...

MO Lawyers in the News: January 10, 2005.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Husch & Eppenberger announced the addition of two new associates in the firm's General Business Litigation Practice Group, where they handle a range of complex litigation matters. Michael F. Jones, who...

2004 Missouri Lawyers of the Year: Timothy Belz, St. Louis attorney.(Interview)
January 10, 2005... Byline: Anne C. Vitale Age: 54 Education: Covenant College, B.A., 1972; University of Iowa, J.D., 1976 Experience: Trial attorney, U.S. Department of Justice -- Antitrust Division, 1977-1981; private practice in St. Louis,...

2004 MO Lawyers of the Year: Robin Carnahan, MO Secretary of State.
January 10, 2005... Byline: Aaron Brown Age: 43 Education: William Jewell College, B. A., 1983; University of Virginia School of Law, 1986 Experience: Thompson & Mitchell, 1986-1989; National Democratic Institute, 1990-1994; Special Assistant,...

2004 MO Lawyers of the Year: Thor Hearne , St. Louis attorney.
January 10, 2005... Byline: Anne C. Vitale Age: 43 Education: Washington University, B.A., 1983; Washington University, J.D., 1986 Experience: Attorney-Advisor-Law Clerk, U.S. Department of Education, 1986-1987; Republican Candidate, U.S. Congress,...

2004 MO Lawyers of the Year: Mike Holzknecht, Stockton attorney.
January 10, 2005... Byline: Geri L. Dreiling Age: 48 Education: Washington University School of Engineering, 1980; University of Missouri-Kansas City School of Law, 1984 Experience: Sole practitioner in Kansas City; Hickory County Prosecuting...

2004 MO Lawyers of the Year: Marie Kenyon, attorney with Catholic Legal Assistance Ministry.(Interview)
January 10, 2005... Byline: Anne C. Vitale Age: 44 Education: Bradley University, B.A., 1981; Saint Louis University School of Law, J.D., 1986 Experience: Managing attorney, Catholic Legal Assistance Ministry, 1987-present; Leadership St. Louis --...

2004 MO Lawyers of the Year: Ken McClain, product-liability attorney.(Interview)
January 10, 2005... Byline: Anne C. Vitale Age: 47 Education: Graceland College, B.A., 1979; University of Michigan, J.D., 1982 Experience: Associate, Stinson, Mag & Fizzell, 1982 -- 1985; partner, Humphrey Farrington & McClain, 1985 -- present ...

2004 MO Lawyers of the Year: Madeleine McDonough, e-discovery pioneer.(Interview)
January 10, 2005... Byline: Geri L. Dreiling Age: 41 Education: University of Missouri -- Kansas City, Pharmacy, 1985; University of Kansas Law School, 1990 Professional Experience: Associate, Shook, Hardy & Bacon, 1990; Partner, Shook, Hardy &...

2004 MO Lawyers of the Year: Eric Sowers, St. Louis plaintiff's employment attorney.
January 10, 2005... Byline: Aaron Brown Age: 58 Education: University of Missouri, B.S., 1972; University of Missouri Law School, 1975 Experience: Sowers & Wolf, St. Louis Won Landmark Employment Case For Eric Sowers, a plaintiff's...

2004 MO Lawyers of the Year: Megan Thornberry , pres. of Assn. of Women's Lawyers in KC.
January 10, 2005... Byline: Aaron Brown Age: 36 Education: Denison College, B.A., 1990; UMKC Law School, 1993 Experience: Walter, Bender, Strohbehn & Vaughan; Amrican World Forwarders, Inc., CEO AWL President Heads Family Business When Megan...

2004 MO Lawyers of the Year: Dee Wampler, a criminal defense attorney.
January 10, 2005... Byline: Geri L. Dreiling Age: 66 Education: Drury College, 1959; Northwestern University, 1960; University of Missouri -- Columbia, Bachelor of Science, Public Administration 1962; University of Missouri -- Columbia Law School, 1965....

MO Court of Appeals' Eastern District rules utility co. can be sued for crash that downed wire.
January 10, 2005... Byline: Anne C. Vitale Relatives of a woman who died when her car hit a utility pole could sue the electric company for negligence, the Missouri Court of Appeals' Eastern District has ruled in a 2-1 decision. Emergency personnel who...

United States Court of Appeals Eighth Circuit Case Summaries: January 10, 2005.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Rights Personal Injury - Prisoner - Statute Of Limitations Where a prisoner brought civil rights claims based on an assault in jail, Missouri's five-year statute of limitations should...

Verdicts & Settlements- January 10, 2005: Sightseer hurt back at Fantastic Caverns.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff $3 Million Verdict A woman who hurt her back on a tram ride at a cave sued for negligence. On May 24, 2002, Tamiko Shoemaker was at Fantastic Caverns in Springfield, Mo. Shoemaker, 32, took a...

Verdicts & Settlements- January 10, 2005: Woman fell at gas station.(Brief article)
January 10, 2005... Byline: Missouri Lawyers Weekly Staff $110,000 Settlement A woman who fell and broke her ankle at a service station sued for premises liability. Rae Melody Dickey of Phoenix, Ariz., was married to a truck driver. She often...

Verdicts & Settlements- January 10, 2005: Patient sues over knee replacement surgery.(Case overview)
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A Madison County, Ill., man who had bilateral knee replacement surgery sued for medical malpractice. Eugene Heinz, 78, had both knees replaced in April 2000 at DePaul...

MO Circuit Court Case Summaries: January 10, 2005.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Service Of Process - Dissolution Where no personal service of process was attempted on a husband involved in a dissolution and the attempted service by...

MO Circuit Court of Appeals Case Summaries: January 10, 2005.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Juvenile Court - Order - Non- Appealable Where a father argued that a trial court erred in continuing a permanency plan involving his minor child who was placed in foster...

St. Louis Circuit Court Case Summaries: January 10, 2005.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Contract Damages - Specific Performance - Abandonment Where an escrow agent who was not a party to a contract failed to deliver certificates involved in a contract for a sale of stock, a...

Missouri Bar creates commission to advise Board of Governors.
January 10, 2005... Byline: Missouri Lawyers Weekly Staff Commission to Advise Missouri Bar on Responses to Criticism of Judiciary The Missouri Bar is creating a blue ribbon commission that will advise the Board of Governors on what the state bar can and...

MO Court of Appeals' Western District sends legal-malpractice lawsuit back for trial.(cases)
January 17, 2005... Byline: Kenneth C. Jones A legal malpractice case against two attorneys involved in an adoption should go to trial, the Missouri Court of Appeals' Western District has ruled, reversing summary judgment. Their clients, a couple who...

Western part of Missouri has nine of ten largest verdicts in state for 2004.(Brief Article)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff The western part of Missouri scored almost a clean sweep in 2004 when it comes to ranking the largest verdicts in the state. Of the 10 top awards, nine were registered in Jackson, Jasper and Clay...

MO Supreme Court reverses age discrimination verdict for attorney seeking appointment as judge.
January 17, 2005... Byline: Kenneth C. Jones A $383,000 age discrimination verdict for an attorney who sought appointment as a workers' compensation judge has been reversed by the Supreme Court. The court said John Igoe should have filed his case in Cole...

Sprint telecommunications co. wins year's top defense verdict in Jackson County negligence case.
January 17, 2005... Byline: Anne C. Vitale In September, Sprint telecommunications company won the year's top defense verdict in a Jackson County negligence case filed against one of its telephone technicians. While the technician was activating a new...

St. Louis medical malpractice attorney Herman Praszkier profiled.(Biography)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff "People are literally dying to be thin," says St. Louis attorney Herman Praszkier, who was recently interviewed by CBS correspondent Melinda Murphy for a segment about bariatric surgery deaths. The...

Lawyer for St. Louis nonprofit serving immigrants leaves her job as agency expands.(Interfaith Legal Services for Immigrants)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff With joint degrees in law and social work, and proficiency in Spanish, Andrea Crumpler has brought much to her work as a lawyer for a nonprofit agency that serves immigrants and refugees in St. Louis,...

MO Lawyers in the News: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Camille L. Fletcher has joined the Litigation Practice Group at Rabbitt, Pitzer & Snodgrass in St. Louis, where she will focus on medical malpractice, products liability and automotive. Fletcher is a...

United States Court of Appeals Eighth Circuit Case Summaries: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Jurisdiction - Amount In Controversy - Insufficient Where in a trespass suit that was removed from state court the district court determined the amount of alleged damages to be...

MO Supreme Court Case Summaries: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Venue - Age Discrimination - ALJ Where a 63-year-old attorney who was not hired for administrative law judge positions in St. Louis brought age and sex discrimination and...

MO Court of Appeals, E. District Case Summaries: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Contract Liability Release - Rescission - Inconsistency Where a trial court dismissed an auto accident plaintiff's personal injury claim based on a general release of liability, the release...

MO Court of Appeals, S. District Case Summaries: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of a pro se appellant in a civil case failed to include a concise and fair statement of the facts and the points relied on...

MO Court of Appeals, W. District Case Summaries: January 17, 2005.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Default Judgment - Motion To Set Aside - Rule 74.05(d) Where a party who appealed a default judgment in a civil case but did not appeal from the court's denial of his motion...

Verdicts & Settlements: January 17, 2005: Worker who fell down ladder settles for $400,000.(Case overview)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff $400,000 Settlement A worker who was injured while doing warranty repair work at a factory sued for negligence. James Seldomridge was an employee of Stellar Refrigeration Company of...

Verdicts & Settlements: January 17, 2005: Relatives of woman struck on highway receive $158,333.(Case overview)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff $158,333 Verdict Relatives of a woman who was struck and killed by a tractor-trailer while assisting an injured motorist sued for wrongful death. On Oct. 6, 2003, a truck was involved in an...

Chief Justice Ronnie L. White's 'State of the Judiciary' address to MO General Assembly.
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Chief Justice Ronnie L. White gave his State of the Judiciary address to the General Assembly on Jan. 12. He urged the legislators to keep in mind throughout the 2005 session the Missouri state motto:...

Verdicts & Settlements: January 17, 2005: Parents of injured child file product liability suit.(Case overview)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Confidential Settlement The parents of a 12-month-old girl who was severely injured in an automobile accident filed a products liability suit against General Motors and a car seat manufacturer. ...

Verdicts & Settlements: January 17, 2005: Premature baby suffered blindness.(Case overview)
January 17, 2005... Byline: Missouri Lawyers Weekly Staff Confidential Settlement The parents of a premature baby who suffered blindness in both eyes sued her ophthalmologist for medical malpractice. Haley Tharp was born on Oct. 13, 2000, at 26 weeks....

Missouri hospital pays $8.5M over baby born with infection.(A.D. v. ABC Hospital)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff The parents of a newborn who suffered severe brain damage from a strep infection have settled their medical malpractice case for $8.5 million. Their baby girl was infected during delivery because...

Verdicts & Settlements: Jan.24, 2004: Baby got strep infection during delivery.(A.D. v. ABC Hospital)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff $8.5 Million Settlement The parents of a newborn who suffered brain damage from an infection sued for medical malpractice. A.D. was born in July 2001 at ABC Hospital. The pregnancy, labor and...

Verdicts & Settlements: Jan. 24, 2005: 'Private Jury' hears auto collision case.(cases)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff $3 Million Award Two trucking companies that settled a lawsuit with a woman injured in a collision tried their case before a private jury to determine their respective liability. In September...

Verdicts & Settlements: Jan.24, 2005: MO. Court rules employee can't be sued for death of co-worker.(Gamblin et al. v. Steven's Distributors Inc., et al.)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff $2.9 Million Settlement The family of a man who was crushed between two semi tractor-trailers in a Springfield, Mo., parking lot sued for wrongful death. Keith Gamblin drove his semi into...

Verdicts & Settlements: Jan. 24, 2005: Machinist Claimed Thoracic Outlet Syndrome.(cases)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff $2 Million Verdict A railroad employee whose job required him to work long periods with his arms raised above his shoulders filed a Federal Employers Liability Act claim. Kenneth Harris, now...

Verdicts & Settlements January 24, 2005: Motorcycle passenger hurt in accident awarded $600,000.(cases)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff $600,000 Verdict A passenger on a motorcycle that was involved in an accident sued for her injuries. On June 27, 2002, Patricia Young was riding on the back of a motorcycle being driven by her...

Missouri Lawyers In the News: January 24, 2005.(appointments)(Brief Article)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff David L. Knight announced that Amy Davis Salladay has become associated with him to form the Knight & Salladay Law Offices in Columbia. Salladay, a graduate of Truman State University and the...

United States Court Of Appeals Eighth Circuit Case Summaries: Jan. 24, 2005.(cases)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Collateral Estoppel - Arbitration - Negligence Where a plaintiff brought negligence and tortious interference with contract claims against an attorney and a law firm, the claims...

Missouri Court Of Appeals Eastern District Case Summaries: Jan. 24, 2005.(cases)(Brief Article)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of a pro se appellant in a tax dispute failed to contain an adequate statement of facts and the points relied on did not...

Missouri Court of Appeals Western District Case Summaries: Jan. 24, 2005.(cases)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Transcript - Failure To Include - Sufficiency Of Evidence Where an appellant that contested the sufficiency of evidence in support of a settlement agreement failed to include...

'Private Jury' in St. Louis resolves trucking accident case.
January 24, 2005... Byline: Anne C. Vitale Two trucking companies wary of having a St. Louis City jury determine their liability in a personal injury lawsuit took a novel approach to resolve the matter last month. First, they settled with the plaintiff,...

Missouri Court of Appeals Southern District Case Summaries: January 24, 2005.(cases)(Brief Article)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Inconsistent Findings - Custody Award - Retired Judge Where a trial judge failed to make findings in support of an award of custody and the judge retired five days later, a new...

Lawyers Weekly's parent company Dolan Media acquires Counsel Press in New York.
January 24, 2005... Byline: Dolan Media Newswires Dolan Media Company said Jan. 20 that it had acquired New York City-based Counsel Press, the nation's largest provider of appellate services to the legal profession. Counsel Press assists attorneys and law...

Missouri Court of Appeals rules co-employee can't be sued for running over worker.(State ex rel. Larkin v. Oxenhandler)
January 24, 2005... Byline: Missouri Lawyers Weekly Staff A dump truck driver who backed over and killed a co-employee could not be sued for wrongful death, the Missouri Court of Appeals' Western District has ruled. The driver was immune under the...

MO. court rules constructive trust may be used to correct mistake.(Brown v. Brown)
January 24, 2005... Byline: Kenneth C. Jones Where a mistake in recording a deed caused an unintended change of ownership in property, the error could be corrected by imposing a constructive trust, the Missouri Court of Appeals' Western District has ruled...

Heartland Regional Medical Center wins verdict in post-op infection case.
January 31, 2005... Byline: Anne C. Vitale Richard Lawson's back surgery following a 1999 ATV accident was anything but routine. The St. Joseph, Mo., resident needed screws, rods and tissue grafts to fix his fractured spine. But Lawson did not expect to...

Future lost profit damages now easier for businesses to obtain.
January 31, 2005... Byline: Kenneth C. Jones Businesses seeking damages for future lost profits got a boost last week from two different courts. In one case, the 8th U.S. Circuit Court of Appeals upheld a verdict for a distributorship that had no history...

MO Court of Appeals Western District reverses $10,000 in discovery sanctions.(Missouri)
January 31, 2005... Byline: Anne C. Vitale A party that objected to production of documents should not have been sanctioned $10,000 for discovery abuse, the Missouri Court of Appeals' Western District has ruled. Sanctions are unavailable, the Western...

Baseball coach gets $1.2M from college in age case.
January 31, 2005... Byline: Aaron Brown A college baseball coach who said administrators tried to force him out because they thought he was too old has won over $1.2 million in a Missouri Human Rights Act case. Jim Brady, now 54, charged that when he...

Government lawyer takes position as Missouri's Commissioner or Securities.(David Cosgrove)
January 31, 2005... Byline: Missouri Lawyers Weekly Staff David Cosgrove, well-known in Jefferson City circles for his decade of service in state government, has moved on to his newest position as Missouri's Commissioner of Securities. Cosgrove was...

Missouri Lawyers in the News: January 31, 2005.(appointments and award)
January 31, 2005... Byline: Missouri Lawyers Weekly Staff The Department of Health and Human Resources invited St. Louis ERISA attorney and arbitrator Sheldon Weinhaus to serve as an external reviewer on its newly established Cancer Therapy Evaluation Program...

U.S. Court of Appeals 8th Circuit Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Administrative FLRA - SIS Manual - Overbroad Where the Federal Labor Relations Authority ordered the Bureau of Prisons to produce a limited use Special Investigative Supervisor Manual to...

Missouri Supreme Court Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Partial Settlement - Affirmative Defense - Apportionment Where plaintiffs in a wrongful death suit settled their case against two defendants a year before trial and won a jury...

Missouri Court of Appeals Eastern District Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of an appellant in a civil case included an incomprehensible statement of facts and argument, the brief was inadequate...

Missouri Court of Appeals Southern District Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law DWI - Persistent Offender - Evidence Even though the state did not present as evidence the municipal ordinance upon which a drunk driver's sentencing as a persistent offender was...

Missouri Court of Appeals Western District Case Summaries: Jan. 31, 2005.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Banks and Banking Right Of Set- Off - Adverse Claimant - Notice Where a trial court allowed a bank to seize accounts under its right of set-off because it found that the party seeking a...

Verdicts & Settlements Jan. 31, 2005: Univ. of Missouri baseball coach sues for age discrimination.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff $1.27 Million Verdict: A college baseball coach who said he was the victim of age discrimination and retaliation sued under the Missouri Human Rights Act. Jim Brady became head coach of the...

Verdicts & Settlements Jan. 25, 2005: Injured woman wins settlement against driver who ran red light.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff $204,000 Settlement: A woman involved in a collision at an intersection sued for her injuries. On Jan. 31, 2002, Kathleen Wolff, a 49-year-old registered nurse, was driving north on McKelvey Road...

Verdicts & Settlements Jan. 31, 2005: Verdict returned for hospital in suit by woman who fell.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A woman who fell and broke her ankle in a hospital parking lot filed a premises liability suit. On Sept. 5, 2000, Carrie Paleta brought her infant son to Cardinal Glennon...

Verdicts & Settlements Jan. 31, 2005: Patient who got staph infection loses suit against hospital.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict: A man who developed a staph infection after surgery sued the hospital for medical malpractice. In November 1999, Richard Lawson, 55, suffered a severely fractured lumbar spine...

Verdicts & Settlements Jan. 31, 2005: Police officer receives $584 verdict in auto accident.
January 31, 2005... Byline: Missouri Lawyers Weekly Staff $584 Verdict A police officer who was rear-ended while driving into work sued for his injuries. On June 25, 1997, Ralph Toenjes was driving his police car on his way to start his shift as a St....