Missouri Lawyers Weekly articles from June 2002

Missouri Lawyers Weekly archives from June 2002

Verdicts & settlements: June 3, 2002: mall had duty to girl who was raped.(Missouri)
June 3, 2002... Byline: Kristen H. Garroway A 12-year-old girl who claimed she was raped at a shopping mall could sue the mall for her injuries even though there were no previous rapes there, the Missouri Supreme Court has ruled in a 4-2 decision. The...

Verdicts & settlements: June 3, 2002: golfer pays $105K after tee shot hits woman in eye.(Missouri)
June 3, 2002... Byline: Stephanie S. Maniscalco A country club member who invited a guest out for a round of golf found herself targeted by a lawsuit after the guest's tee shot hit another golfer in the eye. The plaintiff claimed that the member...

Missouri Court of Appeals Eastern District Case Summaries: June 3, 2002.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of the appellant in a breach of contract case "failed to comply with Rule 84.04 so substantially that [the] appeal is...

Missouri Court of Appeals Southern District Case Summaries: June 3, 2002.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate (1) Where the brief of the appellants in a civil case attempted in two Points Relied On to claim that summary judgment had been improper on...

Missouri Court of Appeals Western District Case Summaries: June 3, 2002.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Commercial UCC - Foreclosure Sale - Notice Requirement - Deficiency Judgment Even though a section of the UCC has been amended to do away with the "no notice-no deficiency' rule, where a...

Missouri Supreme Court Court Case Summaries: June 3, 2002.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Administrative MCHR - Procedure - 'No Probable Cause' - Noncontested Case Where a woman who claimed she had been fired because of her race complained to the Missouri Commission on Human Rights...

Missouri Court of Appeals' Western District rules mobile home 'insurable' despite lack of title.
June 3, 2002... Byline: Kenneth C. Jones A woman who bought a mobile home but did not get a certificate of title could still recover insurance proceeds when the home was damaged in an ice storm, the Missouri Court of Appeals' Western District en banc has...

Kansas City Firms Give To 'Justice For All'.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Kansas City's two largest law firms have announced major gifts to the Justice For All Campaign of Legal Aid of Western Missouri. Shook, Hardy & Bacon L.L.P. has pledged its three-year contribution of...

Don't Mess With Mom In Missouri.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff It has been said that a mother will do anything to protect her children, but one woman gave this phrase a whole new meaning when she attacked two car thieves in an Imo's parking lot on May 22. The...

Thompson Coburn In Missouri Wins Big.
June 3, 2002... Byline: Missouri Lawyers Weekly Staff Thompson Coburn attorneys Warren L. Dean Jr. and Jordan Cherrick scored a significant victory on May 28 when the U.S. Supreme Court ruled, as the Associated Press reported, that states have wide...

Lawsuits Vs. Relatives Present Unique Hurdles.
June 3, 2002... Byline: Kristen H. Garroway Tort lawsuits against family members present significant challenges, experts say, because judges and juries continue to be skeptical about plaintiffs who sue "one of their own." But the cases can be...

Commentary: Stupid Lawyer Tricks.
June 3, 2002... Byline: Kenneth C. Jones The great Jay Gatsby's father had a good lesson for all of us. He once told his son, "Whenever you feel like criticizing anyone, just remember that all the people in this world haven't had the advantages that...

Missouri Lawyers In The News: June 10, 2009.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff The law firm of Thompson Coburn has announced that St. Louis attorneys Paul M. Brown and Richard S. Cornfeld have been appointed co-chairs of the firm's toxic tort practice area. Brown concentrates his...

Mo. lawyers play hardball with national law firms.
June 10, 2002... Byline: Kristen H. Garroway For many Missouri lawyers handling class action cases, the biggest problem is not navigating the law or marshaling the facts, observers say -- it's battling East and West Coast attorneys who swoop in late in the...

Missouri Court of Appeals Eastern District Case Summaries: June 10, 2002.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff Municipal Mayor - Impeachment - Grounds - Evidence (1) Even though a Mayor who was impeached on several grounds by the Board of Aldermen claimed that his due process rights were violated...

Missouri Court of Appeals Southern District Case Summaries: June 10, 2002.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff Appellate Practice Final Judgment - Less Than All Claims - Indefinite Where a summary judgment in favor of a company in its suit for mechanic's liens on property subject to environmental...

Missouri Court of Appeals Western District Case Summaries: June 10, 2002.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff Civil Practice Successor Judge - Rule 79.01 - New Trial Where the trial judge in a termination of parental rights case retired while a case was on appeal and the case was then remanded for...

United States Court Of Appeals 8th Circuit Court Case Summaries: June 10, 2002.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff Bankruptcy State Property Taxes - Lien - Priority Where plaintiff bought the personal property of a bankrupt company based on its purchase of the security interest in the property from the...

Missouri Court of Appeals' Western District rules support not reduced for extra visitation.
June 10, 2002... Byline: Kenneth C. Jones Where a husband was exercising non-court-ordered visitation so that his child could maintain residence in a school district, he could not get a reduction in child support, the Missouri Court of Appeals' Western...

8th U.S. Circuit rules gambling debt avoided by bankruptcy trustee.
June 10, 2002... Byline: Kristen H. Garroway Where a casino extended credit to an insolvent debtor through "markers" redeemable for gambling chips, the debt could be avoided by the trustee as a preferential transfer, the 8th U.S. Circuit Court of Appeals...

St. Louis attorney Roy W. Bergmann Dies At 85.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff St. Louis attorney Roy W. Bergmann died May 24 of complications from a heart attack. He was 85 and had practiced law for 56 years. Bergmann was a former city attorney for suburban municipalities...

Public Policy Called Key To High Court Transfers.
June 10, 2002... Byline: Stephanie S. Maniscalco Attorneys hoping to convince the Missouri Supreme Court to take a case on transfer should focus on one factor, say appellate experts -- the effect of the case on public policy. According to Supreme Court...

Toying With The Law.
June 10, 2002... Byline: Stephanie S. Maniscalco Here in the Midwest we seem to be missing out on what may be a mini litigation trend, lawsuits involving dolls. The popular playthings are at the center of legal controversies in Florida, California and...

Missouri Supreme Court Transfer Of Cases: June 10, 2002.
June 10, 2002... Byline: Missouri Lawyers Weekly Staff The Missouri Supreme Court granted transfer on May 28 in the following cases: Abuse Of Process Eastern District ruling: Where dissatisfied home buyers picketed their builder's developments in...

Missouri Lawyers In The News: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Blackwell Sanders Peper Martin an- nounced that David C. Agee has joined the firm as a partner in the Springfield office, where he will head the business/ corporate group. Agee's practice includes a...

Missouri Court of Appeals Eastern District Case Summaries: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Civil Practice Statute Of Limitations - Defense - Pleading (1) Where homeowners sued a cement company and claimed damages from defects in improvement work on their property, defendant-cement...

Missouri Court of Appeals Southern District Case Summaries: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Criminal Law Rental Property - Failure To Return - Evidence Where defendant rented a car from a dealer for one week, extended the lease for another week, further extended it to the end of the...

Missouri Court of Appeals Western District Case Summaries: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Arbitration Motion To Compel - Agreement - Validity Where a securities firm invoked the arbitration provision of a contract between the firm and the co-conservators of an incompetent woman's...

Missouri Supreme Court Court Case Summaries: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Appellate Practice Jurisdiction - Final Judgment - Less Than All Issues Where a doctor whose license had been disciplined appealed to the circuit court which reversed the action of the Board of...

United States Court Of Appeals 8th Circuit Court Case Summaries: June 17, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Constitutional University Athletics - Gender Equality - Administrative (1) Where a state university dropped the men's wrestling program to promote gender equality in participation and spending...

U.S. District Court in St. Louis awards defense civil rights lawsuit.
June 17, 2002... Byline: Kristen H. Garroway The grant of attorneys' fees to a defendant in a civil rights case is extremely rare, lawyers say, but a recent case shows that the possibility of a fee award should concern all plaintiffs. In May a federal...

8th U.S. Circuit rules punitives 20 times actuals too high.
June 17, 2002... Byline: Kenneth C. Jones Where punitive damages in an employment discrimination case were 20 times higher than actual damages, this was a due process violation, the 8th U.S. Circuit Court of Appeals has ruled. The plaintiff argued that...

Commentary: type - A and loving it.(lawyers personality)
June 17, 2002... Byline: Kristen H. Garroway I don't know how many times I've asked my attorney husband "would it kill you to slow down and take it easy for a while?" The fact that he'll say "what do you mean?" with genuine bewilderment as he checks...

10 Years Ago In Missouri Lawyers Weekly: June 16, 2002.
June 17, 2002... Byline: Missouri Lawyers Weekly Staff Co-Employee Policy Exclusion Upheld Even though an employer's motor vehicle insurance policy excluded coverage for bodily injury claims by "fellow employees," the insurance company could not deny...

Mo. Court of Appeals' Western District denies wife of extra property from husband.
June 24, 2002... Byline: Kristen H. Garroway Even though a husband had an affair, fathered an illegitimate child and paid $18,000 in child support during his marriage, his misconduct did not necessarily justify giving more marital property to his wife when...

Mo. Court of Appeals' Eastern District rules no 'per se' negligence case against real estate agent.
June 24, 2002... Byline: Kenneth C. Jones A home buyer could not sue the seller's real estate agent for per se negligence under a statute requiring agents to disclose "adverse material facts" about the property, the Missouri Court of Appeals' Eastern...

Lawyers defending DWI cases in Missouri face uphill battle.(driving while intoxicated)
June 24, 2002... Byline: Kristen H. Garroway When Missouri's first administrative DWI laws went into effect almost 20 years ago, lawyers say state courts were reluctant to punish drivers with license suspensions or revocations. Now, experts agree, the...

Missouri Court of Appeals Eastern District Case Summaries: June 24, 2002.
June 24, 2002... Byline: Missouri Lawyers Weekly Staff Domestic Relations Marital Property - Maintenance - Pension - Profit Sharing Even though a 52-year-old wife was awarded a share of husband's substantial pension and profit sharing plans, the...

Missouri Court of Appeals Southern District Case Summaries: June 24, 2002.
June 24, 2002... Byline: Missouri Lawyers Weekly Staff Banks And Banking Loan Guaranty - Collateral - Failure To Perfect Even though a bank failed to perfect its lien as to one portion of the property used as collateral for a loan with the result...

Missouri Court of Appeals Western District Case Summaries: June 24, 2002.
June 24, 2002... Byline: Missouri Lawyers Weekly Staff Constitutional Attorney General - Authority - Suit Against City Where the Missouri Attorney General brought suit against a City to enjoin enforcement of a general revenue tax levied by the City...

United States Court Of Appeals 8th Circuit Court Case Summaries: June 24, 2002.
June 24, 2002... Byline: Missouri Lawyers Weekly Staff Bankruptcy Automatic Stay - Violation - Payment To Estate Where in an earlier appeal of a proceeding by the trustee to recover the value of a trademark that had been sold to satisfy a state...

Commentary: just another nauseating day in court.
June 24, 2002... Byline: David L. Yas Say there's a guy who writes a column. And this guy is looking around for topics for his next piece. And then say this guy picks up a copy of the very newspaper he works for and sees an opinion digest with the...