Missouri Lawyers Weekly articles from January 2006

Missouri Lawyers Weekly archives from January 2006

Judge Richter joins Missouri Court of Appeals, Eastern District.
January 9, 2006... Byline: Erin Suess, Dolan Media Newswires Judge Roy Richter began the new year moving from Montgomery County to St. Louis where he joins the Missouri Court of Appeals, Eastern District. Gov. Matt Blunt appointed Richter to the Eastern...

Missouri Press-Bar re-elects officers.(John S. Black, William L. Miller, Thomas E. Sims )(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Members of the Missouri Press-Bar Commission unanimously re-elected Kansas City attorney John S. Black to a second one-year term as president of the commission. Black, who served as president of...

Rich Moore appointed to Missouri 37th Judicial Court Circuit Judge.(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Gov. Matt Blunt appointed Rich Moore as Circuit Judge of the 37th Judicial Circuit. Moore, 61, of West Plains, serves as a principal in the law firm of Brill, Moore & Wagoner, P.C. Moore brings to the...

Six Bar-drafted bills ready for in Missouri's 2006 session.(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff The Missouri Bar Board of Governors has approved six legislative proposals that were either drafted or supported by Missouri Bar committees. Legislators are being identified as prospective sponsors to...

Law professor to speak in St. Louis on multicultural issues.(Sheryll Cashin )(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Washington University School of Law will host a lecture by law professor Sheryll Cashin on the topic "Shall We Overcome? Democracy, Race & Multiculturalism in the 21st Century." The event begins at 11...

Bankruptcy Filings record highest number ever filed.(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff It comes as no surprise that FY 2005 recorded the highest number of bankruptcies ever filed. According to the Administrative Office of the U.S. Courts, 1,782,643 bankruptcy cases were filed in federal...

Missouri Lawyers in the News: January 9, 2006.(John W. Cowden of Baker Sterchi Cowden & Rice recognized as best lawyer)(John S. Johnston of Shook, Hardy & Bacon has been named to the 2006 "BTI Client Service All-Star Team for Law Firms" )(David E. Wulkopf joins Stinson Morrison Hecker )(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff John W. Cowden, member of Baker Sterchi Cowden & Rice was recognized in the "Best of the Bar" supplement to the December 2, 2005 issue of the Kansas City Business Journal. Cowden was one of 22...

U.S. Court Of Appeals Eighth Circuit Case Summaries: January 9, 2006.
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Government Benefits - Reimbursement - Agricultural Programs Where a young farmer was ordered to repay government farm benefits, the farmer had a "separate and distinct" interest...

MO Court Of Appeals Eastern District Case Summaries: January 9, 2005.(Missouri)(case regarding domestic relations and child support)(case regarding drunken driving)(case regarding workers compensation)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Mootness - Fire Chief Job - Examination Where firefighters filed a petition for a writ of mandamus requesting an order that the city cancel a promotional examination for the...

MO Court Of Appeals Southern District Case Summaries: January 9, 2005.(Missouri )(case regarding domestic relations)(case regarding drunken driving)(case regarding unemployment compensation)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Plain Error Review - Admission Of Evidence - Cumulative Evidence Where a prosecutor testified in a automobile and tractor-trailer accident case about criminal charges against...

MO Court Of Appeals Western District Case Summaries: January 9, 2005.
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Child Support Hearing - Failure To Contact - Incarcerated Father Where a father was unable to attend an administrative hearing to challenge a child support determination and the...

Verdicts & Settlements(January 9, 2006): Woman claims not informed of nerve damage risks.
January 9, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict A woman who suffered permanent nerve damage after having surgery to remove her wisdom teeth has lost her medical malpractice claim against the oral surgeon. Plaintiff Amanda...

Verdicts & Settlements January 9, 2006: Man thrown from motorcycle head first into pavement.(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff $450,000 settlement A motorcyclist has settled his St. Louis City personal injury case with the motorist who allegedly turned into the motorcycle's path. Plaintiff Gant Bloom was riding his...

Verdicts & Settlements January 9, 2006: Woman sexually assaulted by another nursing home resident.(Brief Article)
January 9, 2006... Byline: Missouri Lawyers Weekly Staff $450,000 settlement A nursing home resident who was sexually assaulted by another resident has settled her negligence claim against the facility where they both lived. The plaintiff, Helen...

Verdicts & Settlements January 9, 2006: Camper injured during a prohibited activity.
January 9, 2006... Byline: Missouri Lawyers Weekly Staff $90,000 settlement A 16-year-old camper who was injured when camp staff encouraged her to perform an activity that was prohibited has settled her personal injury case against the camp. Allison...

Verdicts & Settlements January 9, 2006: Motorcyclist injured when car turned in front of him.
January 9, 2006... Byline: Missouri Lawyers Weekly Staff $150,000 verdict A man who was injured in a motorcycle accident has won his Franklin County personal injury case. Plaintiff William Mesko was riding a motorcycle eastbound on Osage Road in...

MO. COS, Western District rules failure to use limiting instruction on insurance policy.(Missouri Court of Appeals)
January 9, 2006... Byline: Joy Simmons The Missouri Court of Appeals for the Western District held that a ruling by a circuit judge which allowed an exhibit to be published to a jury without limiting instructions was an "abuse of discretion" and "arbitrary...

Judicial Discretion.
January 9, 2006... Byline: Amanda C. Tinnin Meet today's presiding judges. Judge Tom appreciates when attorneys are on time to his courtroom, but says arrogance is a real turn off. Jane is a robe wearing gal from mid-Missouri. Professionalism and knowledge...

MO. Court of Appeals, Western District rules shareholder can view financial records of subsidiary.(Missouri, III Investment Inc.)
January 9, 2006... Byline: Denise G. Callahan Seven years since the date he first filed suit, David Brown will finally get to take a look at III Investment, Inc. (or Five I) financials. The Western District Court of Appeals said Brown, as a shareholder...

Commentary: Homestead provision in bankruptcy law impacts asset protection planning.
January 16, 2006... Byline: Jeffrey A. Baskies How does the homestead provision in the new bankruptcy law impact asset protection planning? Three bankruptcy courts have held that the new law's homestead cap of $125,000 will apply to equity developed in...

MO Supreme Court rules waiver of woman's doctor-patient privilege retained.(Missouri)
January 16, 2006... Byline: Joy Simmons The medical and psychological records of a woman alleging gender discrimination and sexual harassment were protected by the physician-patient privilege because she sought only "garden variety" emotional distress damages...

Western District Court of Appeals rules defendants had knowledge of risky condition.
January 16, 2006... Byline: Denise G. Callahan The Western District Court of Appeals opened a window for an additional exception to the statute of repose in construction torts. The court, in a case of first impression, reversed the trial court's decision...

Verdicts & Settlements January 16, 2006: Man claims automobile accident caused spinal cord injury.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff $1,790,000 settlement A man who was injured in an automobile accident has settled his Jackson County case with the two other parties involved. The accident occurred on Nov. 4, 2003 in Kansas...

Verdicts & Settlements January 16, 2006: Couple filed suit when insurance co. did not pay judgment.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff $1,112,500 settlement A couple who obtained a judgment for damages in 2003 has settled their equitable garnishment and bad faith claims against the insurance company who represented the companies...

Verdicts & Settlements January 16, 2006: Business owner claims insurance co. did not update policy.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff $100,000 settlement The owner of a trucking business has settled his Greene County negligence claim against his insurance company after it did not provide coverage under the cargo insurance policy....

Missouri Bar Loan Repayment Assistance Program receives $30,000 in contributions in 2005.(Brief Article)
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Six lawyers made contributions to the Missouri Bar Loan Repayment Assistance Program (LRAP) at the end of 2005 in the name of Judge Duane Benton. The lawyers had all served at one time as clerks for the...

Federal judiciary funds increased, cuts still possible.(Brief Article)
January 16, 2006... Byline: Missouri Lawyers Weekly Staff The federal Judiciary overall received a 6.1 percent increase for Fiscal Year 2006 over the FY 2005 appropriations level, while the courts' Salaries and Expenses Account received a 5.4 percent...

Survey of corporations' chief legal officers shows increased satisfaction with outside counsel.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff A survey of chief legal officers in U.S. corporations shows that law firms hired as outside legal counsel have been doing something right this year. The 2005 Chief Legal Officer Survey, conducted...

Attorney to speak on civil liberties in wartime at Washington University School of Law.(Geoffrey Stone)(Brief Article)
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Attorney Geoffrey Stone will speak on the topic of "Civil Liberties in Wartime" on Jan. 25 at 11 a.m. in the Bryan Cave Moot Courtroom at Washington University School of Law. Stone is the Harry Kalven,...

MO Lawyers in the News: January 16, 2006.(Missouri)(Matthew J. Barnhart joins Evans & Dixon )(Jack C. Hauser, Jr. joins Paule, Camazine & Blumenthal )(Sarah Almstrom Downs and Kathleen M. Maddock joins Blackwell Sanders Peper Martin )
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Annette P. Heller of Heller & Associates was recognized by NameProtect Trademark Insider as one of the top 25 attorneys in the United States in the number of trademark applications filed for the third...

Missouri Court of Appeals Eastern District Case Summaries: January 16, 2006.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Default Judgment - Motion To Set Aside - Timeliness Where a party in a civil case failed to file a notice of appeal within 10 days after a judgment setting aside a default...

United States Court of Appeals Eighth Circuit Case Summaries: January 16, 2006.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Waste Regulation - Commerce Clause - Tortious Interference Where a waste management district promulgated a regulation that required the disposal of solid waste at certain...

U.S. Bank. Ct. - App. Panel Case Summaries: January 16, 2006.(Brief Article)
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Real Estate Transfers - Undue Influence - Remedy Where a bankruptcy court ordered a debtor to return real estate to a probate estate because the property was gained through undue...

Missouri Supreme Court Case Summaries: January 16, 2006.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Physician- Patient Privilege - Emotional Distress Damages - Missouri Human Rights Act Where an employee who sought damages for emotional distress in her lawsuit against her...

Missouri Court Of Appeals Southern District Case Summaries: January 16, 2006.(cases of divorce property distribution)(Brief Article)
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Domestic Relations Marital Property - Division - Equity In Home Where a marital home was the separate property of husband but appreciated in value due to renovations made by the married couple...

Missouri Court of Appeals Western District Case Summaries: January 16, 2006.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Police Board - Disciplinary Action - Evidence Where a highway patrol officer was terminated after he failed to report a statement suggestive of criminal activity that was made by...

Verdicts & Settlements January 16, 2006: Patient broke leg when left unattended in bathroom.
January 16, 2006... Byline: Missouri Lawyers Weekly Staff $2,500,000 verdict The son of a man who fell while in the hospital won his Jackson County medical negligence case. Larry Fothergill was admitted to Independence Regional Health Center after...

Verdicts & Settlements January 23, 2006: Drunk driver claims insurance company acted in bad faith.(Shelter Insurance Company)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff $9.28 million verdict A man who was sued after an automobile accident has won his bad faith claim against his insurance company. Plaintiff Rinehart was a drunk driver in an Aug. 16, 1998...

Verdicts & Settlements January 23, 2006: Man blames leaky roof for his fall in store.(slip and fall and premises liability lawsuit against Westlake Hardware Inc.)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff $1.83 million verdict A man who slipped and fell in a hardware store has won his Greene County premises liability case. The plaintiff, Clifford Holdren, was walking through the defendant's...

Verdicts & Settlements January 23, 2006: Woman injured when tractor-trailer rear ends her vehicle.(personal injuries cases)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff $1.8 million settlement A woman who was injured in an automobile accident has settled her Greene County personal injury case against the truck driver and his employer. Because of a confidentiality...

Verdicts & Settlements January 23, 2006: Woman develops infection after reconstructive surgery.
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Defense verdict A husband and wife who sued their doctor for medical malpractice have lost their Boone County case. Plaintiff Patricia MaGee had a positive mammogram in the left breast showing...

Verdicts & Settlements January 23, 2006: Business wins case against employee who joined competitor.(noncompetition and civil conspiracy)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff $245,150 verdict A business whose employee began working with a competing company has won its St. Louis County noncompetition and civil conspiracy case. BSR Services, Inc. brought the claims...

How to handle a client that won't or can't pay.
January 23, 2006... Byline: Amanda C. Tinnin Susan H. Mello felt she had done a good job for her client in a 1992 employment discrimination case. Mello took on McDonnell Douglas. She did the research. She put in the hours. And got, what she believed, was a...

Verdicts & Settlements January 23, 2006: Athletic club not responsible for wrestler's death.(accidental death of wrestler trainee)
January 23, 2006... Byline: Emily Umbright What is professional wrestling? That was the question a St. Louis city jury had to ask when it deliberated for two hours to find the South Broadway Athletic Club not liable for the accidental death of wrestler...

MO Court of Appeals, Western District rules third-party defendant not liable for contribution.(Missouri, University of Missouri malpractice case)
January 23, 2006... Byline: Denise G. Callahan A university as a third-party defendant in a malpractice action was not liable for contribution under state statutes, ruled the Western District Court of Appeals. This was because the university had settled...

Two attorneys to be honored at St. Louis County Bar Association dinner.(Arthur Margulis gets Dudley C. Dunlop Distinguished Service Award)(Morry S. Cole gets Roy F. Essen Outstanding Young Lawyer Award)
January 23, 2006... Byline: Donna Walter The St. Louis County Bar Association will celebrate its 75th anniversary and honor attorneys Arthur Margulis and Morry S. Cole at its annual awards dinner and installation of officers next month. The dinner will be...

Univ. of Missouri-Kansas City law professor recognized by Chinese government.(Patrick Randolph receives Great Wall Friendship Prize)
January 23, 2006... Byline: Charles Emerick A University of Missouri-Kansas City School of Law professor has received the highest award given by the Beijing, China, Municipal Government to a foreigner. Patrick Randolph was honored recently with the Great...

U.S. Attorney helps open Family Justice Center in St. Louis.(attorney general Alberto Gonzales)
January 23, 2006... Byline: Erin Suess For victims of domestic violence, there is a new way to get help safely in St. Louis. On Jan. 12, U.S. Attorney General Alberto Gonzales drove that message home as he helped open the doors to the new St. Louis Family...

MO Lawyers In The News: January 23, 2006.(Missouri)(Blackwell Sanders Peper Martin appoints Laura Toledo)(Spencer Fane Britt and Browne L.L.P. appoints Bryant T. Lamer)(Armstrong Teasdale L.L.P. appoints Eric T. Krischke)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Winthrop B. Reed, III, a member of Lewis, Rice & Fingersh has been named president of the St. Louis Zoo Friends Association Board. *** John Galvin, a founding partner of Fox Galvin, has been...

Commentary: Understanding the legalities of the physician-patient relationship.(informed consent)
January 23, 2006... Byline: Donald R. Carmody, Esq. One of the most basic elements of the physician-patient relationship is the concept of informed consent. Informed consent is the process of communication between a patient and a physician that results in the...

U.S. COA 8th Circuit rules collecting parking fees from disabled is discriminatory.(Court of Appeals for the 8th Circuit)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Civil Rights ADA - Parking Placards - Fee Where a state charged an annual $4 fee for the use of windshield placards by disabled people wishing to park in reserved spaces, collection of the fee...

U.S. Bank. Ct. - App. Panel Case Summaries: January 23, 2006.(Bankruptcy Court, bankruptcy case)(Brief Article)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Bankruptcy Involuntary Petition - Jurisdiction - Consent Where a debtor explicitly consented to the jurisdiction of the bankruptcy court to enter an order for relief on an involuntary petition...

MO Court of Apeals, Eastern District Case Summaries: January 23, 2006.(Missouri )
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Civil Practice Default Judgment - Motion To Set Aside - Commercial Lease Where appellants waited more than five months after they were evicted from commercial rental property to file a motion...

MO Court of Apeals, Southern District Case Summaries: January 23, 2006.(driving while intoxicated and accident case)(appellant civil case)(Brief Article)
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Defective Brief - Statement Of Facts Where the brief of an appellant in a civil case contained an argumentative statement of facts and the points relied on...

MO Court of Apeals, Western District Case Summaries: January 23, 2006.(Missouri )
January 23, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Manufactured Housing - Trial Court Authority - Jurisdiction Where the director of the Manufactured Housing and Modular Units Program filed a complaint seeking suspension of the...

Commentary: The FAIR Act - too little, too late in helping asbestos victims.
January 30, 2006... Byline: Jeff Cooper Asbestos is the most lethal substance ever widely used in the workplace. Between 1940 and 1979 over 27.5 million Americans were occupationally exposed. Millions more were exposed when these workers' brought this toxic...

Thomas C. Clark to fill judicial vacancy in St. Louis City.(Brief Article)
January 30, 2006... Byline: Emily Umbright Division 28 of the St. Louis City Circuit Court is vacant no longer with Gov. Matt Blunt's appointment of city prosecutor Thomas C. Clark II to associate judge on Jan. 19. Clark fills the vacancy created by the...

U of Missouri-Kansas City courtroom receives $250,000 donation.(University of Missouri-Kansas City School of Law )(Brief Article)
January 30, 2006... Byline: Charles Emerick F.L. "Tom" Thompson made his first donation to the University of Missouri-Kansas City School of Law in 1973. That contribution helped build the facility that bears his father's name: the E.E. "Tom" Thompson...

Hillsboro attorney learns about Chinese legal system.(Marsha Brady)
January 30, 2006... Byline: Donna Walter For one Hillsboro attorney, a trip to the Communist nation of China brought about a renewed appreciation for the laws and civil liberties guaranteed in the U.S. Constitution. Marsha Brady, a criminal defense...

ABA's International Cartel to meet in London.(American Bar Association)(Brief Article)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff London, England, will be the setting for the Sixth Annual International Cartel Workshop, which will focus a spotlight on global approaches to enforcement and defense practice in antitrust law. The...

ABA Forum on Air & Space Law conference planned.(American Bar Association)(Brief Article)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Should Congress create incentives to de-federalize the airport screening workforce? Should we expect more mergers and consolidation in the aviation industry? Why do foreign airlines file for bankruptcy...

Missouri Lawyers in the News: January 30, 2006.(Missouri Credit Union Commission appoints Jovita M. Foster)(Kansas City Metropolitan Bar Association appoints C. Patrick McLarney )
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Jovita M. Foster, senior associate in the St. Louis office of Armstrong Teasdale, has been appointed by Governor Matt Blunt to serve on the Missouri Credit Union Commission. Foster will serve a 4-year...

United States Court of Appeals Eighth Circuit Case Summaries: January 30, 2006.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Administrative Coal Mine Inspections - Tortious Interference With Contract - Absolute Privilege Where a mining company sued a state mine inspector for tortious interference with contract...

Missouri Court of Appeals Eastern District Case Summaries: January 30, 2006.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Appellate Practice Notice Of Appeal - Timeliness Where an appellant in a civil case failed to file her notice of appeal within 10 days after the judgment became final, the notice was untimely...

Missouri Court of Appeals Southern District Case Summaries: January 30, 2006.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Contract Employment Contract - Bonus Payment - Authority Where a hospital chief financial officer sought payment of a promised bonus after his resignation, the hospital did not authorize the...

Missouri Court of Appeals Western District Case Summaries: January 30, 2006.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Arbitration Motion To Compel - FAA - Tort- Based Claim (1) Where a mobile home owner sued the home's manufacturer for products liability, the claim was based in tort and therefore arbitration...

Boy hit by car found mostly at fault for accident.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff Defendant's verdict A fourteen-year old boy and his parents were awarded $150,000 in damages against a school bus company after a jury trial in the City of St. Louis. On Nov. 25, 2002, Robert...

Both parties found responsible for airport accident.(negligence case on James Daoukas)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff $4 million verdict A man who suffered severe burns in an electrical explosions was found nearly equally at fault in his City of St. Louis negligence case against the electrician who allegedly...

Nursing home patient found dead after leaving facility.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff $3.35 million verdict The mother of a man who was found dead after wandering away from the nursing home where he lived won her Jackson County negligence case. In 2001, Thomas Shore was admitted...

Police officer wins age discrimination case.(Anthony Hogan)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff $2.7 million verdict A police officer who was to be transferred to a new position has won his age discrimination case against the Kansas City Board of Police Commissioners. Plaintiff Anthony...

St. Louis doctor should have ruled out cardiac ailment.(Frank Thompson)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff $2.5 million verdict A man who suffered a heart attack after being sent home by his doctor has won his St. Louis Medical Malpractice case. Plaintiff Frank Thompson had ongoing epigastric pain...

VIOXX lawsuit may not be removed to federal court.(Class Action Fairness Act of 2005)
January 30, 2006... Byline: Joy Simmons A class action filed against Merck & Co. for deceptive trade practices in developing and marketing the drug Vioxx may not be removed from state court to federal court under the Class Action Fairness Act (CAFA) because...

Top verdicts & settlements of 2005.
January 30, 2006... Byline: Missouri Lawyers Weekly Staff The western part of Missouri did well again when it came to ranking the largest verdicts in the state. Missouri Lawyers Weekly's 2005 Top Verdicts and Settlements ranked the majority of the highest...

Diehl v. O'Malley - the history.(Kathleen Diehl)
January 30, 2006... Byline: Missouri Lawyers Weekly Staff After receiving a "right to sue" letter from the Missouri commission on human rights, Kathleen Diehl sued her former employer, NASD Regulation, Inc. She alleged the company violated the state's human...