Missouri Lawyers Weekly articles from January 2008

Missouri Lawyers Weekly archives from January 2008

Missouri law firms to double up at St. Louis sports venues upon merger.
January 7, 2008... Byline: Heather Cole Blackwell Sanders and Husch & Eppenberger will be doubling up on seats at two St. Louis sports venues when the two firms merge. Blackwell has a suite and Husch has a box at the Edward Jones Dome, where the St....

Missouri Court of Appeals awards $60K in sexual harrassment suit.
January 7, 2008... Byline: Heather Cole The Missouri Eastern District Court of Appeals found it unworthy of a published opinion, but the state Supreme Court picked up a case over alleged nipple-tweaking and groin thrusting by a manager at St. Louis...

Objectors drop their appeals 11 days after filing.
January 7, 2008... Byline: Heather Cole Objectors to the $127.5 million settlement of class-action lawsuits against Edward D. Jones & Co. dropped their appeals 11 days after filing them. The objectors filed a stipulation in federal court Dec. 7 saying...

Missouri Assistant Prosecutor Michael Linsenmeyer dies at 33 with cancer.
January 7, 2008... Byline: Heather Cole Cape Girardeau County Assistant Prosecutor Michael Linsenmeyer died Dec. 25 after a two-year battle with cancer. Linsenmeyer, 33, a St. Charles native, was a law clerk intern to Missouri Supreme Court Judge Michael...

Missouri Lawyers In the News: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Gregory M. Bentz became the Kansas City Metropolitan Bar president at the group's 123rd Annual Meeting. Close to a thousand were at the December luncheon. Bentz is a shareholder with Shughart...

2008 opens with talk of impeachment and overhaul in Missouri courts.
January 7, 2008... Byline: Heather Cole St. Louis state representative Jim Lembke is pushing to impeach a south-central Missouri judge over her handling of a contentious divorce and child custody case. Lembke filed a resolution in early December with...

2008 opens with talk of impeachment, overhaul.
January 7, 2008... Byline: Heather Cole The Missouri commission that handles the discipline and removal of judges would itself be removed under a proposed constitutional amendment filed by a St. Louis legislator. Rep. Jim Lembke, R-South St. Louis...

Missouri public defenders not immune when representing indigent clients.
January 7, 2008... Byline: Charles Emerick Public defenders have been told by a Missouri appellate court that they have no immunity for acts committed during the representation of an indigent criminal defendant. The case of first impression out of the...

Missouri defendant heads home after 19 months in jail.
January 7, 2008... Byline: Kelly Wiese A judge last week allowed a man to stay with his mother while awaiting trial as the judge considered whether there even will be a trial. Tracy McKee, 43, of St. Louis, has made repeated requests for a speedy trial...

New challenges to Missouri judge selection plan floated.
January 7, 2008... Byline: Donna Walter State Rep. Jim Lembke is planning to file legislation to change the way judges are selected in Missouri. Unlike the bill he filed last year, Lembke's proposal would retain a modified Nonpartisan Court Plan. Last...

Missouri Supreme Court affirms pro se forms with revisions.
January 7, 2008... Byline: Allison Retka In a pair of late-December orders issued without fanfare or even announcement, the Missouri Supreme Court affirmed the presence of pro se litigants in Missouri courts and ordered every circuit in the state to offer...

Missouri Court of Appeals Eastern District Case Summaries: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Adoption Subsidy - BFC Program - Rulemaking Where plaintiffs appealed the denial of an adoption subsidy for a Behavior Foster Care program, competent and substantial evidence...

Missouri Court of Appeals Southern District Case Summaries: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Appellate Practice Appeal - Settlement - Mootness Where the parties in a civil case settled their disputes, and the case did not fall within the public interest exception to the mootness...

Missouri Court of Appeals Western District Case Summaries: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Standing - Police Discipline - Attorney's Fees Where two police officers challenged citizen complaint and anonymous complaint policies of the police department and the board of...

Missouri Supreme Court Case Summaries: January 7, 2007.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Criminal Law Speedy Trial - Represented Defendant - 18- Month Delay (1) Where a defendant arrested on vehicle tampering charges filed pro se motions for a speedy trial and to dismiss the...

U.S. Bankruptcy Case Summaries: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Bankruptcy Preference - Insolvency Even though a debtor company received default notices before it transferred approximately $600,000 to purchase two partnership interests, the default notices...

United States Court of Appeals Eighth Circuit Case Summaries: January 7, 2008.
January 7, 2008... Byline: Missouri Lawyers Weekly Staff Appellate Practice Mootness - Criminal Case Where a criminal defendant appealed a district court's determination that prison personnel could involuntarily medicate him and the defendant was...

Verdicts and Settlements January 7, 2008: Missouri judge awards plaintiff $3M for permanent injuries.
January 7, 2008... Byline: Kelly Wiese $3 million default judgment A St. Louis man hit by a car and nearly killed while walking across a street has won a $3 million judgment against the teenage driver after the teen failed to show up in court to defend...

Verdicts and Settlements January 7, 2008: Mo. recreation center to pay $3,500 for errant golf ball.
January 7, 2008... Byline: Bridget Heos $3,500 defense verdict (Allocated for fault) While standing outside the batting cages at the Tower Tee in St. Louis, Steve Pona was struck in the head with a golf ball. He filed a lawsuit, alleging that Tower...

Verdicts and Settlements January 7, 2008: Mo. apartment owner loses claim over insurance payment.
January 7, 2008... Byline: Tom Herrmann Defense verdict The owner of two apartment buildings in Jefferson City has lost its suit disputing the payment of a claim for burst water pipes. Bluewood Inc. had challenged the payment of $93,200 from...

Verdicts and Settlements January 7, 2008: Defense's digging leads to small award in Missouri court.
January 7, 2008... Byline: Bridget Heos $14,453 verdict Note to personal injury attorneys: Read the plaintiff's medical records carefully. And make sure you have all of them. Russell Watters of Brown & James said that was the lesson from a recent...

Commentary: How much money will your practice need?
January 7, 2008... Byline: Ed Poll My last column addressed making the decision to start practice on your own. In this and subsequent columns we'll consider how to do that successfully, because it's not an easy path to take. The Wall Street Journal recently...

Letter to the Editor: Judicial process maintains integrity.
January 7, 2008... Byline: Michael Ferry, St. Louis attorney Dear Editor: Dan Margolies' recent comments about the lack of justification for attacks on the Nonpartisan Court Plan were well-grounded. No judicial selection process no human process...

Lawyers' adventures in Wonderland.(ex post facto order)
January 14, 2008... Byline: Heather Cole The debate over discovery in a malpractice lawsuit against Lewis, Rice & Fingersh took a fantastical turn when Texas plaintiff's attorney David Evans invoked Lewis Carroll. Evans went so far as to include an...

Former Kirkwood deputy mayor Tom Noon is out of the penalty box.(Brief article)
January 14, 2008... Byline: Heather Cole Former Kirkwood Deputy Mayor Tom Noonan started the year with a new lease on his law license more than two years after he was arrested in a drug sting. The Missouri Supreme Court said in a December order that...

St. Louis attorney Terry Crouppen appeals divorce.(Brief article)
January 14, 2008... Byline: Heather Cole Profit distributions do not equal income. That's the argument personal injury attorney Terry Crouppen is bringing to the appeals court in his divorce case. St. Louis County Family Court Judge Douglas Beach...

Missouri Lawyers In the News: January 14, 2008.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff The Missouri Paralegal Association's annual statewide meeting and seminar will be April 11 at The Country Club Hotel & Spa, 301 Carol Road, Lake Ozark. The one-day conference will feature educational...

$8 million punitive award against State Farm upheld by Missouri Court of Appeals.
January 14, 2008... Byline: Stephanie Maniscalco An insurance company is on the hook for damages for breach of contract and malicious prosecution as well as $8 million in punitive damages after it "set in motion" the prosecution of a woman who filed a claim...

Armstrong's shrinking Kansas City office focuses on litigation.
January 14, 2008... Byline: Heather Cole Armstrong Teasdale's Kansas City office has been shrinking as it narrows its emphasis to litigation. The office's attorney numbers topped 50 five years ago, according to descriptions on archived Armstrong Web...

Bill going before St. Charles City Council aims to muzzle the guzzlers.
January 14, 2008... Byline: Miranda Fleschert The easy story, the one that's raced across the Internet, paints St. Charles as the town with bars of soap at the ready, trying to clean up potty-mouthed bar patrons. The real story of the bill going before...

For lawyers, minor mistakes can add up.
January 14, 2008... Byline: Charles Emerick A lawyer can expect to be suspended for arranging a sham marriage. Trying to entice a minor on the Internet or taking loans from an attorney while sitting on the bench would obviously be career suicide. But...

Insurance protection for lawyers has a price.
January 14, 2008... Byline: Betsy Lee Purchasing professional insurance can mean navigating a labyrinth of deductibles, premiums and business models. Each lawyer comes to the table with a different set of needs and circumstances. Take selecting the proper...

Missouri Court of Appeals Eastern District Case Summaries: January 14, 2008.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Child Support - Void Order Where a father filed an action for money had and received to recover child support funds collected by the Division of Family Support under a void...

Missouri Court of Appeals Southern District Case Summaries: January 14, 2008.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Personal Jurisdiction - MSHSAA Defendant - Proper Procedure Where a school district sought an injunction and declaratory relief against the Missouri State High School Activities...

Missouri Court of Appeals Western District Case Summaries: January 14, 2008.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Summary Judgment - Affirmative Defense - Section 537.065 Settlement Where plaintiffs entered into a settlement with an insured under Section 537.065 limiting their claim to the...

United States Court of Appeals Eighth Circuit Case Summaries: January 14, 2008.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Attorney's Fees - Prevailing Party - City Sign Code Even though an advertising company was issued a preliminary injunction based on its claim that a city's billboard sign code...

Verdicts & Settlements January 14, 2008: Ex-MoDOT worker settles for $350,000.
January 14, 2008... Byline: Anne C. Vitale $350,000 settlement A former Missouri Department of Transportation worker has reached a $350,000 settlement in her St. Charles County case against a motorist who struck her maintenance vehicle. The plaintiff...

Verdicts & Settlements January 14, 2008: Construction company not responsible for family's illness.
January 14, 2008... Byline: Missouri Lawyers Weekly Staff Defense verdict Facing a plaintiff who brought in leading experts on mold exposure, attorney David Bub defended Shane Spalding Construction in Holts Summit against homeowners' claims that mold grew...

Verdicts & Settlements January 14, 2008: Family wins verdict for death of woman hit by a car.
January 14, 2008... Byline: Kelly Wiese $250,000 verdict A St. Louis jury held St. Louis liable for the November 2005 death of a woman killed in a traffic accident. The woman was in a wheelchair and ventured into the street because the sidewalk was...

Commentary: Bill confidently, even in tough times.
January 14, 2008... Byline: Edward Poll A question recently sent to me has particular resonance for lawyers at any time, but especially today when the news is full of stories about an impending economic slowdown: "At what point in your career do you...

Letter to the editor: Bar's database should be restored.
January 14, 2008... Byline: Emmett McAuliffe For several years, I was able to access my fellow attorneys' addresses, phone numbers and e-mails via the Missouri bar's Members Only Online Directory. This directory (at members.mobar.org) has been out of service...

Missouri Lawyers in the News: January 18, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff House Speaker Rod Jetton, R-Marble Hill, named attorney state Rep. Bryan Stevenson, R-Webb City, to chair the House Judiciary Committee. The House Judiciary Committee considers and reports upon bills...

Don't expect quick fix for speedy trial crisis in Missouri.
January 21, 2008... Byline: Kelly Wiese The right to a speedy trial, guaranteed under the Sixth Amendment, is being stretched if not violated for hundreds of criminal defendants in Missouri. And while court officials acknowledge the problem, no solution...

Stoneridge case in U.S. Supreme Court changes securities law nationally.(Stoneridge Investment Partners v. Scientific-Atlanta )
January 21, 2008... Byline: Heather Cole It will be harder to go after defendants with deeper pockets in securities fraud cases under a new U.S. Supreme Court opinion. In an opinion that restricts who can be sued for securities fraud schemes, the court on...

Madison County Circuit Court rules no discovery allowed on firm's disqualification issue.
January 21, 2008... Byline: Allison Retka A Madison County, Ill., judge has stalled an effort to disqualify two St. Louis metro area law firms accused of benefiting from Bryan Cave's improper involvement in the case. St. Louis firm Dowd Bennett and...

Missouri judges trade gavels for whistles on weekends.(Joe Larrew; Richard Zerr)
January 21, 2008... Byline: Bridget Heos Did you see the Jacksonville-New England playoff game? St. Louis lawyer and Bridgeton municipal court Judge Joe Larrew did. Not on TV. Or in the stands. Or even from the sidelines. He was right there on the field as an...

8th Circuit decision splits with other circuits over religion.
January 21, 2008... Byline: Stephanie Maniscalco United Parcel Service discriminated against a driver who was fired when he left his shift early for religious reasons, according to the 8th U.S. Circuit Court of Appeals. The opinion set up a conflict with...

Temporary worker status clarified in Missouri Supreme Court.
January 21, 2008... Byline: Miranda Fleschert The Missouri Supreme Court held that a temporary worker must be "furnished" by a third party in order to recover insurance proceeds based on a coworker's negligence. The case stems what could have been a...

Missouri Court of Appeals Eastern District Case Summaries: January 21, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff Appellate Practice Inadequate Brief - Criminal Appeal Where the brief of a pro se appellant in a criminal case included a defective statement of facts, points relied on that fail to state the...

Missouri Court of Appeals Southern District Case Summaries: January 21, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff Insurance Life Insurance - Beneficiary Designation - Settlement Where plaintiffs who argued they were entitled to a decedent's life insurance benefits brought claims of negligence and negligent...

Missouri Court of Appeals Western District Case Summaries: January 21, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff Appellate Practice Constitutional Challenge - Failure To Raise - Criminal Case Where a defendant in a criminal case failed to bring before the trial court a constitutional challenge to a...

Missouri Supreme Court Case Summaries: January 21, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Class Action - Certification - Definition Where plaintiffs sued a mortgage company claiming merchandising practices act violations, the trial court abused its discretion when it...

U.S. Court of Appeals Eighth Circuit Case Summaries: January 21, 2008.
January 21, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Railroad - Stock Sale - First- Refusal Provision Where a rail carrier acquired a railroad line through a forced sale and the carrier's shareholders sought to sell 100 percent of...

Government settles collision case for $2M in U.S. District Court, Eastern District of Mo.(Missouri)
January 21, 2008... Byline: Anne C. Vitale $2 million settlement A former U.S. Navy petty officer has reached a $2 million settlement in his Federal Tort Claims case stemming from a collision with a U.S. Postal Service truck. Donald Magill was...

Driver settles personal injury case for $100K in Lincoln County.(Samuel Malawey)
January 21, 2008... Byline: Anne C. Vitale $100,000 settlement A teenager injured after riding on a truck tailgate has reached a $100,000 settlement in her Lincoln County case against the teenage driver. On June 7, 2004, Samuel Malawey was driving a...

Verdicts & Settlements January 21, 2008: Truck driver pays $3M for rear-end collision.(Case overview)
January 21, 2008... Byline: Anne C. Vitale $3 million settlement A motorist involved in a multiple-car collision has reached a $3 million settlement in his Jackson County case against a dump truck driver who rear-ended his vehicle. The parties...

Commentary: Technically, use this opportunity to go back to basics.
January 21, 2008... Byline: Maridee F. Edwards A new year brings new laws and new court rules. I counted at least five new Missouri laws and numerous revisions to Supreme Court rules that became effective Jan. 1. New laws always present a challenge, and...

Publishers note: Making our case to help you make yours.
January 28, 2008... Byline: S. Richard Gard Jr., publisher Most of you are litigators. We know this because you told us so. Back in June we conducted an online survey. As an inducement, we offered participants the chance to win a gift certificate to Ruth's...

Decision may lead to municipal land grab in Missouri.
January 28, 2008... Byline: Allison Retka A Missouri appeals court has boosted the legal power of St. Louis County municipalities interested in expanding their city limits, a move that may cause a rush on the circuit courts. The decision simultaneously...

Mo. Court of Appeals Western District warns to challenge your jury in more of a hurry.
January 28, 2008... Byline: Stephanie Maniscalco A juror who failed to disclose three collection actions during voir dire was not guilty of misconduct because the disclosure was not intentional, the Missouri Court of Appeals Western District held in a...

Solo lawyers in Missouri question ruling on voir dire.
January 28, 2008... Byline: Charles Emerick Solo and small firm lawyers are balking at a suggestion made by a Missouri appellate court that trial lawyers challenge jurors about nondisclosure concerns before a case goes to the jury. In an opinion handed...

Education attorney Tom Mickes leaves firm that bears his name.(Doster Mickes James Ullom Benson)
January 28, 2008... Byline: Heather Cole Education attorney Tom Mickes is exiting what was Doster Mickes James Ullom Benson with six other attorneys to start a new firm. The attorneys, whose practices also include labor and employment and commercial...

Top Plaintiffs Verdicts of 2007 in Missouri.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff 1. $27 million Wrongful death Angela Martin, individually and next friend of Jordan Martin, Denzel Martin, and Kayla Martin and Joyce Martin v. Survivair Respirators, Inc., Bacou-Dalloz SA, and...

Top Business Verdicts and Settlements of 2007 in Missouri.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff 1. $180 million settlement Environmental damage State of Missouri v. Union Electric Co. Reynolds County Circuit Court Nov. 28, 2007 Attorneys for plaintiff: Rex M. Burlison,...

Top Defense Verdicts of 2007 in Missouri.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff 1. $18 million Negligence Benjamin Smith, by Thomas Smith, Guardian and Conservator of the Estate of Benjamin Smith v. Allied Services, LLC and Randy J. Hankins St. Charles County Circuit Court...

Top Business Verdicts and Settlements of 2007 in Missouri.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff 1. $20 million Personal injury Adriana Willis, Individually and as Conservator of the Estate of Brian C. Willis v. Platte-Clay Electric Cooperative, Inc. v. Edward Willis d/b/a M&M Seamless...

Quixotic' Dierker asks Missouri Supreme Court for docket ruling.(Robert Dierker Jr.)
January 28, 2008... Byline: Allison Retka When he stormed out of a Dec. 17 meeting of the St. Louis court en banc, St. Louis Circuit Judge Robert Dierker Jr. vowed to lodge a complaint with the Missouri Supreme Court. The court had just voted to scrap a...

Top verdicts and settlements of 2007 in Missouri.
January 28, 2008... Byline: Will Connaghan and Heather Cole Whether due to tort reform or some other influence, it gets harder every year for trial lawyers to win big verdicts and settlements for their clients. The past year saw a downward trend continue...

Missouri Court of Appeals Eastern District Case Summaries: January 28, 3008.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Noncontested Case - Annexation - Hearing (1) Where a city sought review of the boundary commission's denial of an annexation proposal, the circuit court properly found the...

Missouri Court of Appeals Southern District Case Summaries: January 28, 2008.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Jury Trial - Discovery Of Assets - Waiver Where a party in a discovery of assets proceeding filed a jury trial demand, there was no waiver of the right to a jury trial, so the...

Missouri Court of Appeals Western District Case Summaries: January 28, 2008.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff Administrative Licensing - Jurisdiction - Ambulance Service Where a petition for review brought by an ambulance district challenged the issuance of a service license that was withdrawn by a...

U.S. Court of Appeals Eighth Circuit Case Summaries: January 28, 2008.
January 28, 2008... Byline: Missouri Lawyers Weekly Staff Civil Practice Rule 60(b) - Timeliness - Amended Judgment Where an amended judgment was entered in an alienation-of-affections case but the judgment did not alter the parties' rights or...

Making your case: When it's time to think inside the box.(right time to utilize help from legal consultants)
January 28, 2008... Byline: Allison Retka and Kelly Wiese Jury consultant Bob Gerchen knows middle-aged suburban white men don't think alike and he's got the research to back it up. "The one thing that we focus on is experiences and attitudes over and...

Meyer Labs wins age-discrimination lawsuit in Jackson County Circuit Court.
January 28, 2008... Byline: Heather Cole and Charles Emerick Defense verdict A saleswoman hired by Meyer Laboratory Inc. when she was 51 years old lost an age discrimination lawsuit filed after she was fired two years later. Sandra Brandt had asked a...

St. Louis County jury finds motorist not negligent for striking pedestrian.
January 28, 2008... Byline: Anne C. Vitale Defense verdict A St. Louis County jury returned a verdict in favor of a motorist who struck a pedestrian in a supermarket parking lot. The motorist denied responsibility for the collision and the plaintiff's...

letter to the editor: Leave the kids alone.(drug testing of teenage athletes)
January 28, 2008... Byline: Bill Stahlhuth Editor: Recently, Missouri Sen. Matt Bartle filed a new bill requiring random drug tests for high school athletes. Bartle wants to test athletes for controlled substances and anabolic steroids. Any student that...

Public defenders still receive indemnification.(Letter to the editor)(Brief article)
January 28, 2008... Byline: David Barrett Editor: Lack of immunity should not hurt the public defenders at all ("Public Defenders not immune," Jan. 7). Regardless of the public defender's immunity status, the public defender is a state employee entitled...