Missouri Lawyers Weekly articles from July 2004

Missouri Lawyers Weekly archives from July 2004

U.S. Bankruptc Court - App. Panel Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Standing - Shareholder - Late Claim Where the president and shareholder of a debtor company filed a claim for debts for his services and loans after the claims deadline, he did not...

United States Court Of Appeals Eighth Circuit Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Arbitration Dispute Resolution Agreement - Conscionability - Discovery Where plaintiffs who signed dispute resolution agreements as part of their transactions with a car dealership failed to...

Verdicts & Settlements July 12, 2004: Father and son injured on motorcycle.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $1.1 Million Verdict $250,000 Settlement A man and his son who were injured in a motorcycle accident sued for their injuries. On Oct. 14, 2001, Richard Zempel took a motorcycle ride down the...

Verdicts & Settlements July 12, 2004: Man died after minor car accident.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $2,246 Verdict The family of a man who was in-jured in an automobile accident and later died of a pain medication overdose sued the other driver for his injuries and wrongful death. On Nov. 1,...

Commentary: GOP lawyers oppose tort reform.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff A new group of Republican attorneys on July 5 accused their party of selling out to special interests in backing legislation that would impose new restrictions on Missouri's legal system with the hope...

Missouri Court of Appeals Eastern District Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Transcript - Failure To File - Family Court Where parents who appealed a judgment determining that a trial court had jurisdiction over their children sought review of the...

Missouri Court of Appeals Western District Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of an appellant in a civil case failed to make any reference in his statement of facts and argument to the legal file or...

Verdicts & Settlements July 12, 2004: Airport employee killed in accident.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $150,000 Settlement $50,000 Judgment The family of an airport worker who was killed in a job-related accident sued for wrongful death. On Sept. 27, 2000, George McCarrison, a TWA mechanic, was...

Verdicts & Settlements July 12, 2004: Pickup driver collided with school bus.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $270,000 Verdict A man who was injured when his pickup collided with a school bus sued the bus driver and his employer. On Feb. 11, 2000, Dow Evans was driving his 1989 Ford pickup on a work...

Missouri Lawyers in the News: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Margo L. Green has been appointed to the Board of Directors of the City of St. Louis Family Violence Council. Green is the managing partner of Green Cordonnier & House in St. Louis, where she practices...

Officer hurt during meth search sues homeowner.
July 12, 2004... Byline: Anne C. Vitale A police officer who suffered lung damage while investigating a meth lab could sue the homeowner who let him onto her property for premises liability, the Missouri Court of Appeals' Eastern District has ruled. ...

Missouri Supreme Court: Jury trial presumed for 'legal' claims.
July 12, 2004... Byline: Kenneth C. Jones A doctor who was sued for violating restrictive covenants should be allowed a jury trial on his counterclaim, the Missouri Supreme Court has ruled in a 5-2 opinion. This was because the trial court's invocation...

8th U.S. Circuit Court of Appeals says railroad that erased tape not sanctioned.
July 12, 2004... Byline: Anne C. Vitale Even though a railroad may have acted in "bad faith" when it erased an audio tape following an accident, it could not be sanctioned for spoliation, the 8th U.S. Circuit Court of Appeals has ruled. This was...

Verdicts & Settlements July 12, 2004: Tenant claimed race discrimination.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $715,000 Verdict A former tenant sued an apartment complex and property management group for racial discrimination. In September 1999 Elmo Green, 30, signed a one-year lease for a duplex in...

Verdicts & Settlements July 12, 2004: Patient's dead bowel not diagnosed.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $790,000 Settlement The family of a man who died from undiagnosed ischemic bowel disease that was not diagnosed sued for medical malpractice. On July 2, 2002, a 46-year-old man came to Doctor's...

Verdicts & Settlements July 12, 2004: Vehicle pulling trailer overturned.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A man who was injured in an accident that happened while he was pulling a trailer sued the seller of the trailer for products liability. His father, who owned the trailer, sued...

Attorney defeats divorce client's legal-mal case.
July 12, 2004... Byline: Aaron Brown A lawyer who sued a divorce client for unpaid fees has won a $26,000 judgment in her Jackson County case -- and has also defeated the client's legal malpractice counterclaim. The case proves the adage that attorneys...

Missouri Court of Appeals Eastern District, Southern District select chief judges.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff The Missouri Court of Appeals' Eastern District announced that Judge George W. Draper III was unanimously selected to serve as chief judge of the court, effective July 1. He succeeds Judge Sherri B....

Missouri Court of Appeals Southern District Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Denomination - Special Order Where a trial court's order denying a party's motion to strike interrogatories and motion for summary judgment was not denominated an...

Missouri Supreme Court Case Summaries: July 12, 2004.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff Banks and Banking Deed of Release - Demand Letter - Notice Where mortgagors sent a demand letter requesting an "immediate release" of their deed of trust rather than within 15 business days as...

Verdicts & Settlements July 12, 2004: Female custodians claimed sex harassment.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $100,000 Settlement Four female custodians sued the University of Missouri-Rolla for sexual harassment, claiming that the lead custodian, a male, created a hostile work environment. The...

Verdicts & Settlements July 12, 2004: Woman fell on ice in parking lot.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $200,000 Settlement A 60-year-old woman who broke her hip in a fall outside a Golden Corral restaurant sued for premises liability. In January 2003, Betty Stark fell on a patch of ice in the...

Verdicts & Settlements July 12, 2004: Deaf, blind driver hurt in car accident.
July 12, 2004... Byline: Missouri Lawyers Weekly Staff $312,500 Settlement A woman injured in an automobile accident sued the other driver for her injuries. On Sept. 20, 2002, Denise Stone, a 49-year-old deaf and legally blind woman, was driving...

Defendant gets credit for UIM payment.
July 19, 2004... Byline: Kenneth C. Jones Where a passenger received underinsured motorist benefits from the insurance company for the driver of his car after an accident, that UIM payment must be credited against a subsequent verdict he won against the...

Retrial of Twist lawsuit results in $15M verdict.
July 19, 2004... Byline: Geri L. Dreiling Former professional hockey player Tony Twist has won $15 million in the retrial of his "right of publicity" lawsuit against comic book creator Todd McFarlane. The July 9 verdict came almost four years after...

Missouri Court of Appeals reverses conviction after law clerk in jury room during deliberations.
July 19, 2004... Byline: Anne C. Vitale Where a judge's law clerk stood in the jury room during deliberations in a criminal case, the defendant's conviction must be reversed, the Missouri Court of Appeals' Western District has ruled in a case of first...

Missouri Court of Appeals Eastern District Case Summaries: July 19, 2004.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Failure To Prosecute - Judgment - Finality Where a trial court dismissed a petition without prejudice for failure to prosecute, the dismissal was not a final, appealable...

Farmer injured at fertilizer plant gets $2.2M judgment.
July 19, 2004... Byline: Anne C. Vitale A lawsuit over injuries suffered in a fertilizer plant explosion has turned into a battle with an insurance company. Bobby Taggart's lungs were severely damaged by anhydrous ammonia fumes that escaped from a...

Missouri Sentencing Advisory Commission recommends new system.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff The Missouri Sentencing Advisory Commission recently issued a report recommending a new system of criminal sentences. As required by law, the Commission submitted the report to the governor, the speaker...

Missouri Lawyers in the News: July 19, 2004.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Larry M. Bauer and Charles G. "Chip" Misko have been named co-managing partners of the St. Louis office of Stinson Morrison Hecker LLP. Bauer, a 1980 graduate of St. Louis University School of Law,...

Missouri Court of Appeals Southern District Case Summaries: July 19, 2004.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Right To Jury Trial - Waiver - Letter Where the only evidence of a criminal defendant's waiver of his right to a jury trial was a letter from his counsel to the trial judge and...

Verdicts & Settlements July 19, 2004: Woman broke elbow in car accident.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $210,000 Settlement A woman injured in an accident with a utility truck sought damages for her injuries. On April 22, 1999, Dawn Myers was driving her car on Highway 371, south of St. Joseph,...

Verdicts & Settlements July 19, 2004: Farmer injured in ammonia spill.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $2.2 Million Judgment A farmer sued a fertilizer plant operator for negligence following an accident at an anhydrous ammonia filling station. On March 19, 2002, Bobby Taggart, 71, arrived at a...

Verdicts & Settlements July 19, 2004: Driver smoked pot before crash.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $20 Verdict A front-seat passenger who was injured in a one-car automobile accident in Monett, Mo., sued the driver of the vehicle. On Sept. 7, 2002, Adam Lenser, 17, and Tomas Cavazos, 25, were...

Verdicts & Settlements Juy 19, 2004: Staffing co. sues over non-compete.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $20,000 Judgment; Injunction A publicly traded personnel staffing company sued an ex-employee to enforce non-compete agreements. Kforce Inc.'s business included finding and placing IT...

Verdicts & Settlements July 19, 2004: Restaurant worker claimed sex harassment.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $118,000 Verdict An employee sued a restaurant and its owner for sexual harassment, claiming that she was constructively discharged due to offensive comments and touching. Michelle Pickens...

Verdicts & Settlements July 19, 2004: Pedestrian hit by car.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $170,000 Verdict A pedestrian who was struck by a car as he crossed the street sued for his injuries. On Nov. 29, 2001, Michael Stewart, 39, was crossing North Market Street in St. Louis in...

7th Judicial Circuit Commission in Clay County selects panel.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff On July 6, the 7th Judicial Circuit Commission in Clay County announced that it has selected a panel of three nominees to submit to Gov. Bob Holden to fill the position of associate circuit judge. One...

Missouri Court of Appeals Western District Case Summaries: July 19, 2004.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Civil Penalty - Successor Liability - Nursing Home Where fines levied against a nursing home for violations of federal regulations were unsatisfied when the nursing home changed...

United States Court Of Appeals Eighth Circuit Case Summaries: July 19, 2004.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Discrimination - Public Accommodations - Notice Where a plaintiff sued a company for an allegedly discriminatory denial of access to public restrooms, he failed to notify the...

Verdicts & Settlements July 19, 2004: Man committed suicide after ER discharge.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict The father of a 29-year-old man who committed suicide after being discharged from a hospital emergency room sued for medical malpractice. On June 26, 2001, David Ellis...

Verdicts & Settlements July 19, 2004: Hockey player sues over comic book.
July 19, 2004... Byline: Missouri Lawyers Weekly Staff $15 Million Verdict A former professional hockey player filed a right of publicity lawsuit after a comic book creator named a villain after him. Tony Twist, who played for the St. Louis Blues...

Missouri Court of Appeals' Western District names new Chief Judge.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff The judges of the Missouri Court of Appeals' Western District announced that they have elected Edwin H. Smith as Chief Judge. Judge Smith began a two-year term on July 1. The Chief Judge serves as...

Supreme Court of Missouri seeks applicants.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff The Appellate Judicial Commission announced on July 20 that it will accept applications for the position of Judge of the Supreme Court of Missouri until 5:00 p.m. on Friday, Aug. 20. The selected...

Kansas City-based Shook, Hardy, & Bacon in Law Library of Congress.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Kansas City-based Shook, Hardy & Bacon LLP announced that a book edited and co-authored by firm partner Greg Fowler, International Product Liability Law -- A Worldwide Desk Reference, was signed into...

Verdicts & Settlements July 26, 2004: Two teens killed in car accident.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff $3.8 Million Settlement The surviving parents and siblings of two teenaged boys who were killed in an automobile accident filed a products liability case against the manufacturer and distributors of a...

St. Louis City Circuit Court Rules City Venue OK Against Two Nonprofit Defendants.
July 26, 2004... Byline: Anne C. Vitale A medical malpractice case that included two nonprofit defendants could be filed in St. Louis City even though neither had its principle place of business there, a St. Louis City Circuit Judge has ruled. This was...

Missouri physician disciplined for online prescription.
July 26, 2004... Byline: Kenneth C. Jones A doctor who prescribed a drug over the Internet should be disciplined for not performing a sufficient patient examination, the Missouri Administrative Hearing Commission has ruled. The doctor argued that...

United States Court of Appeals Eighth Circuit Case Summaries: July 26, 2004.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Rights Prolonged Incarceration - Release Order - Qualified Immunity Where a prisoner who was ordered to be released immediately remained incarcerated for another 57 days and the prisoner...

Verdicts & Settlements July 26, 2004: Nurse filed FMLA case.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Judgment A nurse who claimed she was fired for requesting leave under the Family and Medical Leave Act sued her employer. Maryanne Schubert was assistant director of nursing at...

Verdicts & Settlements July 26, 2004: Trial of remanded cases difficult for plaintiffs.
July 26, 2004... Byline: Anne C. Vitale A recent plaintiff's verdict in a medical malpractice case shows the difficulties involved in retrying a case several years after remand. Jared Meyer's lawsuit against his doctor for misdiagnosis of bowel...

Trial of remanded cases difficult for plaintiffs.
July 26, 2004... Byline: Anne C. Vitale A recent plaintiff's verdict in a medical malpractice case shows the difficulties involved in retrying a case several years after remand. Jared Meyer's lawsuit against his doctor for misdiagnosis of bowel...

Missouri Court of Appeals Eastern District Case Summaries: July 26, 2004.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Attorney's Fees - Post- Trial Motion - Timeliness Where a party appealed the denial of her petition for attorney's fees, the petition did not qualify as an authorized post-trial...

Missouri Court of Appeals Southern District Case Summaries: July 26, 2004.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 74.01 - Judgment - Finality Where a judgment issued by a trial court in a domestic case failed to dispose of a father's claim that a child was emancipated, the judgment...

Missouri Court of Appeals Western District Case Summaries: July 26, 2004.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Sufficient Contacts - Third- Party Claims Where an out-of-state law firm was sued as a third-party defendant in a dispute over attorney's fees, no right...

Missouri Lawyers in the News: July 26, 2004.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Michael Bub, a partner at Sandberg, Phoenix & von Gontard in St. Louis and a member of the firm's products liability practice area, has been appointed to serve on the Board of Directors of the Missouri...

Missouri Court of Appeals says trust document with torn pages not properly revoked.
July 26, 2004... Byline: Kenneth C. Jones Even though all three signed copies of a trust were found after the grantor's death with their distributive provisions torn out, the trust was not revoked, the Missouri Court of Appeals' Southern District has ruled...

Verdicts & Settlements July 26, 2004: Woman died after nursing home stay.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Confidential Settlement The daughter of a 68-year-old woman who died following a nursing home stay sued for wrongful death. Neley Williams began staying in Glennon Place Nursing Center on Aug. 9,...

Verdicts & Settlements July 26, 2004: 15-year-old passenger died in crash.
July 26, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict The parents of a 15-year-old girl killed in a car accident sued for wrongful death. On June 17, 2002, Jennifer Curtis was a passenger in a car being driven by Derrick Nowlin on...