Missouri Lawyers Weekly articles from March 2005

Missouri Lawyers Weekly archives from March 2005

Missouri Court of Appeals Eastern Dist. affirms boxer's $13.7M judgment.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Boxer Fernando Maldonado has won another round in the courtroom. On Feb. 15, the Missouri Supreme Court re-transferred Maldonado's negligence case to the Missouri Court of Appeals' Eastern...

Verdicts & Settlements March 7, 2005: Trailer detached and drashed into bus.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Confidential Settlement The parents of a woman who died when a bus collided with a camper-trailer have settled their wrongful death case against the bus company and the trailer driver for a...

New GOP legal team takes helm in Jefferson City.
March 7, 2005... Byline: Amanda C. Tinnin The Republican takeover of the governor's mansion means that a new cast of attorneys will help set policy for Missourians. To fill these legal positions, Gov. Matt Blunt and Chief of Staff Ken McClure have...

Verdicts & Settlements March 7, 2005: Crash of corporate plane is settled for over $9M.
March 7, 2005... Byline: Amanda C. Tinnin The families of two people killed in a 2001 plane crash have settled their Jackson County case for more than $9 million. Lisa Goessling and William Jones were on a Falcon Communications, Inc. corporate plane...

Hi-tech trials now routine for Missouri litigators.
March 7, 2005... Byline: Denise G. Callahan When it comes to trial technology, price is no object, experts say the real question is whether a lawyer can afford not to be cutting-edge. "Clarence Darrow couldn't hold a jury for two hours anymore without...

Homeowner prevails in Jackson County sewer backup lawsuit.
March 7, 2005... Byline: Anne C. Vitale A woman who suffered through more than a dozen sewer backups in her basement has won $260,000 in her Jackson County case against the city of Oak Grove. The verdict shows that homeowners still have viable claims...

Members of the Bar Assn. of Metropolitan St. Louis go to school for Read Across America Day.(Bar Association of Metropolitan)(Brief Article)
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Dr. Seuss would have been 101 years young last Wednesday. To honor the poetic patron of children's stories, members of The Bar Association of Metropolitan St. Louis' Young Lawyers' Division joined...

Missouri Lawyers in the News: March 7, 2005.(appointments)(Brief Article)
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Jeff Burns and Chris Koster have joined the Law Offices of Tim Dollar in Kansas City. Burns focuses his practice in the area of truck accidents and serves as director of national organizations...

U. S. Court of Appeals Eighth Circuit Case Summaries: March 7, 2005.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Administrative 'Bivens' Remedy - Meat Inspection Act - Safety Inspectors Where a beef packing company sued federal food safety inspectors for alleged violations of the Federal Meat Inspection...

Missouri Supreme Court Case Summaries: March 7, 2005.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law DWI - Corpus Delicti - Evidence Where officers arrived at an accident scene with a car in a ditch and the driver and a friend were standing beside the car, the state was not...

Missouri Court of Appeals Eastern District Case Summaries: March 7, 2005.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Aggrieved Parties - Standing - Jurisdiction Where a prosecutor and sheriff appealed a trial court judgment expunging a man's arrest records, the prosecutor and sheriff were...

Missouri Court of Appeals Southern District Case Summaries: March 7, 2005.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Expert Witness - Foundation - Appraiser Where a trial court in an eminent domain case allowed an appraiser for the highway commission to give an opinion on the value of property...

Missouri Court of Appeals Western District Case Summaries: March 7, 2005.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Statute Of Limitations - Replevin Action - Criminal Case Where a criminal defendant filed a replevin action to recover weapons seized by officers investigating a murder and the...

Verdicts & Settlements March 7, 2005: Plane crash kills five.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff $9.2 Million Settlement: The families of two people who died in a plane crash have settled their Jackson County case for more than $9 million. Lisa Goessling, 38, and William Jones, 41, were on a...

Missouri Bar Legal Ethics Cousel issues informal advisory opinions for attorneys.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Informal advisory opinions are issued by the Legal Ethics Counsel under Rule 5.30. The Legal Ethics Counsel only issues opinions to attorneys for their own guidance involving an existing set of facts....

St. Louis attorney writes children's book about international adoption.(Brief Article)
March 7, 2005... Byline: Missouri Lawyers Weekly Staff St. Louis attorney John Medler had searched high and low for children's books about international adoption and just couldn't find one. So Medler decided to write his own. The Mommy Mole is a...

Verdicts & Settlements March 7, 2005: Railroad worker hit by backhoe wins case.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff $1.8 Million Settlement: A railroad worker who was struck by a backhoe has settled his FELA case against Union Pacific Railroad Co. for $1.8 million. George Guffey, 35, worked as a welder for Union...

Verdicts & Settlements March 7, 2005: Sewer that backed up into basement is municipality's fault.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff $260,000 Verdict: A woman who endured 13 sewer backups in her basement over an 11-year period has won a $260,000 verdict in her inverse condemnation case against the City of Oak Grove. Donna...

Verdicts & Settlements March 7, 2005: Patient's feet burned during therapy.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff $130,000 Settlement: A diabetic woman who suffered severe burns when a nurse soaked her feet in hot water has settled her medical malpractice case for $130,000. Penny Shepherd, 52, was on long-term...

Verdicts & Settlements March 7, 2005: Woman who fell in KC hospital loses case.
March 7, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A hospital has won a defense verdict in a premises liability lawsuit filed by a 75-year-old woman who fell on a wet floor. On Dec. 19, 2001, Delores Welch slipped and fell in a...

Missouri Court of Appeals Eastern Dist. rules landowner liable for accident on public road.
March 14, 2005... Byline: Kenneth C. Jones A boy riding a bicycle on a public road could sue an abutting landowner for injuries he suffered when he was hit by a truck, the Missouri Court of Appeals' Eastern District has ruled. The truck was driving on...

Legal clinics abound at Missouri law schools.
March 14, 2005... Byline: Amanda C. Tinnin Legal clinics are becoming increasingly popular in Missouri law schools, which are offering a variety of programs to educate students who also serve the public. And in addition to traditional indigent-services...

Two young Missouri lawyers argue before U.S. Supreme Court.(Cheryl Nield, Rosemary Percival)
March 14, 2005... Byline: Amanda C. Tinnin Not that it's all downhill from here, but two young Missouri attorneys did something last week that most lawyers achieve only after decades of practice, if ever they argued before the U.S. Supreme Court. ...

Missouri i n spotlight over U.S. Supreme Court decision about executing juvenile offenders.(Brief Article)
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Ruling in a Missouri homicide case, the U.S. Supreme Court banned the execution of juvenile offenders on a 5-4 vote. The March 1 decision included a tart dissent from Justice Antonin Scalia, who scolded...

Court in session at Washington University School of Law.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Washington University School of Law will host a special session of the United States Court of Appeals for the Eight Circuit from 1:00 to 3:30 p.m. on March 15 in the Bryan Cave Moot Courtroom. The...

Missouri Court of Appeals Eastern District Case Summaries: March 14, 2005.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Antitrust Price Fixing - Class Action - Agriculture Where farmers who brought conspiracy claims alleging price fixing of corn and soybeans seeds sought class action status, common questions...

United States Court of Appeals Eighth Circuit Case Summaries: March 14, 2005.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Civil Rights Excessive Force - Wrongful Death - Qualified Immunity Where a man hospitalized for alcohol withdrawal died a week after suffering head trauma from being tackled by an officer when...

Missouri Court of Appeals Southern District Case Summaries: March 14, 2005.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Auto Tampering - Unauthorized Sale - Uncharged Misconduct (1) Where defendant was charged with first-degree tampering with a motor vehicle after he stole a car and its title and...

Missouri Court of Appeals Western District Case Summaries: March 14, 2005.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Rule 29.15 - Counsel - Ineffectiveness Where trial counsel for a criminal defendant filed a motion for new trial which was untimely and failed to present evidence of juror...

Verdicts & Settlements March 14, 2005: $800,000 settlement to husband in DUI fatality.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff $800,000 Settlement: A man who was injured in an automobile accident that killed his wife has settled his case against the other driver and a bar for $800,000. On Aug. 6, 2002, Rebecca Griffin was...

Verdicts & Settlements March 14, 2005: $1.01M verdict against bank that repossessed cattle.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff $1.01 Million Verdict: A retired married couple won a $1.01 million verdict in their case against a bank for conversion of their herd of cattle. On June 25, 1998, the president and other agents of...

Verdict & Settlements March 14, 2005: Black box leads to $800K dram shop settlement.
March 14, 2005... Byline: Anne C. Vitale Data from an automobile's "black box" proved key to settling a St. Louis City dram shop case for $800,000. Rebecca Griffin, 26, was killed in August 2002 when her car was broadsided by Floyd Cheney, who had just...

Verdicts & Settlements March 14, 2005: 11-year-old with cerebral palsy loses malpractice suit.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict: The parents of an 11-year-old who suffered cerebral palsy at birth have lost a Greene County medical malpractice case. At 7:05 a.m. on July 20, 1993, Mia Tindle went to St....

Verdicts & Settlements March 14, 2005; City that took land for street widening pays $645,000 verdict.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff $645,000 Verdict: A couple won a $645,000 verdict in its eminent domain case against the City of Lee's Summit. Carl and Althea Huff owned 25 acres of land adjacent to Ward Road, a major arterial...

Verdicts & Settlements March 14, 2005: Drunk driving accident nets $500K for injured passenger.
March 14, 2005... Byline: Missouri Lawyers Weekly Staff $500,000 Verdict: A passenger who suffered emotional injuries from a drunk driving accident that killed his father has won $500,000 in his uninsured motorist case against the insurance carrier. On...

Failure to notarize affidavit was not fatal, MO Supreme Court finds.(Missouri)
March 21, 2005... Byline: Amanda C. Tinnin A motion to transfer venue should not have been denied simply because an affidavit filed in support was unnotarized, the Missouri Supreme Court has ruled. The trial court abused its discretion by refusing to...

Verdicts & Settlements: March 21 2005: Nursing home patient died after fall.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff $350,000 Settlement The widow of an Alzheimer's patient has settled her wrongful death case against a nursing home for $350,000. Robert William-son, 64, was a resident at Missouri Veteran's Home in...

Bills encourage MO employers to combat violence at work.(Missouri)
March 21, 2005... Byline: Amanda C. Tinnin A Beltservice Corp. manager looked out a window in October 2004 and saw Pelayo Errasti walking into the Earth City, Mo., plant with a shotgun and a Bible. Errasti, who had been fired by the manager a year...

Lawyers Encouraging Academic Performance raises $65,000 for Operation Breakthrough.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff A sell out crowd attended the Eleventh Annual Mardi Gras Luncheon held on February 8, 2005 by the Foundation for Lawyers Encouraging Academic Performance (LEAP), celebrating Kansas City's local legal...

Sandberg, Phoenix and von Gontard constructs training courtroom in St. Louis offices.(Brief Article)
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Sandberg, Phoenix and von Gontard completed construction of a courtroom in its St. Louis offices. The courtroom and adjoining jury room are designed for training of young attorneys as they hone their...

Bar Assn. of Metropolitan St. Louis names 2005 Missouri Inventor of the Year.(Bar Association of Metropolitan St. Louis' Patent, Trademark & Copyright Section )(Ronald S. Indeck )(Brief Article)
March 21, 2005... Byline: Missouri Lawyers Weekly Staff The Bar Association of Metropolitan St. Louis' Patent, Trademark & Copyright Section has named Ronald S. Indeck the 2005 Missouri Inventor of the Year. Indeck, professor and director of the Center...

MO gov. names members of newly created Government Reform Commission.(Missouri)(Brief Article)
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Missouri Gov. Matt Blunt issued a statement naming 18 members, including several attorneys, to the newly created Government Reform Commission. The commission will review state departments and recommend...

Missouri Lawyers in the News: March 21, 2005.(appointments)(Brief Article)
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Senator Harold L. Caskey, an attorney from Butler, received the honorary doctorate degree from Central Missouri State University, the highest honor presented by his alma mater. The award honors...

United States Court Of Appeals Eighth Circuit Case Summaries: March 21, 2005.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Jurisdiction - Conversion - Probate Court Where a bankruptcy court found that a debtor had participated in the conversion of probate estate assets, the case must be remanded for a...

Missouri Supreme Court Case Summaries: March 21, 2005.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Parent and Child Parental Rights - Termination - 'Supplemental Petition' (1) Where a father in a termination of parental rights case filed his motion to change judges 18 months after the...

Missouri Court Of Appeals Eastern District Case Summaries: March 21, 2005.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Domestic Relations Maintenance - Failure To Award - Reasonable Needs Where a wife involved in a dissolution showed that she lacked sufficient property to meet her reasonable needs and that she...

Debtor seeks discharge in alienation of affections in federal appellate court.
March 21, 2005... Byline: Kenneth C. Jones A woman found liable for alienation of affections can try to discharge the judgment in bankruptcy, a federal appellate court has ruled. The plaintiff in the alienation case, Gail Osborne, argued that the...

Missouri Court Of Appeals Southern District Case Summaries: March 21, 2005.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Robbery - Improper Joinder - 'Common Scheme' Where a defendant was tried on two counts of robbery in which the identity of the robber was at issue, the evidence did not show that...

Missouri Court Of Appeals Western District Case Summaries: March 21, 2005.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Jurisdiction - Remand Order - Removal Where a trial court granted summary judgment to the state in a case brought under the Missouri Incarceration Reimbursement Act, the court...

Verdicts & Settlements: March 21, 2005: Minivan was hit by school bus.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff A couple injured in a collision with a school bus have settled their Cass County case for $1.5 million. At about 6:00 a.m. on Nov. 24, 2003, Carl and Evelyn Wiseman, both 62, were driving west on...

Verdicts & Settlements: March 21, 2005: Police officer sues homeowner.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff A police officer who inhaled anhydrous ammonia while investigating an alleged meth lab has won $600,000 in his St. Louis County premises liability case. David Ryan, 32, worked in the drug...

Verdicts & Settlements: March 21, 2005: Fired manager sues over incentive pay.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff A high-level manager who was terminated from his incentive-based position has won $502,600 in his breach of contract case against his former employer. Jeffrey M. Lowe worked for American Standard...

Verdicts & Settlements: March 21, 2005: Worker injured in fire.
March 21, 2005... Byline: Missouri Lawyers Weekly Staff A construction worker who was severely burned on the job has settled his workers' compensation case for $138,876. Randy Johnson, 51, worked for the Lee's Summit location of Inrecon, a division of...

St. Louis County police officer wins $600K in premises liability case.
March 21, 2005... Byline: Anne C. Vitale A police officer who inhaled ammonia while investigating an alleged methamphetamine lab has won $600,000 in his St. Louis County premises liability case. His attorney, Rick Barry, said the novel verdict could be...

Lawyers now using trial consultants for research in mediation, arbitration, and settlements.
March 28, 2005... Byline: Nora Lockwood Tooher (This article originally appeared in Lawyers Weekly USA, Boston, MA, another Dolan Media publication). Last year, Kentucky-based trial consultant Mark Modlin worked on 237 cases; only six went to trial. The...

Decline in jury trials concerns Missouri attorneys.
March 28, 2005... Byline: Amanda C. Tinnin The mid-1980s were great for young lawyers looking for courtroom experience. But since then, the number of jury trials has declined sharply, and legal observers say the trend is hurting lawyer development and...

8th Circuit rules nurse cleared of murder cannot sue pathology lab.(National Medical Services Inc.)
March 28, 2005... Byline: Kenneth C. Jones A nurse charged with murdering 10 patients on the basis of erroneous pathology tests could not sue the testing lab for negligence after the charges were dropped, the 8th U.S. Circuit Court of Appeals has ruled. ...

Commentary: Revealed: The mysteries of the caucus in mediation.
March 28, 2005... Byline: James W. Reeves Perhaps you're familiar with the routine: After the joint session in mediation, the mediator puts each of the parties with their attorneys into separate rooms. Then the mediator shuttles back and forth between the...

Commentary: Litigation tactics in mediation.
March 28, 2005... Byline: Bette J. Roth As litigation counsel, have you at some point bluffed your opponent, protected sensitive information, overstated your case or been less than candid? If so, would you have considered it part of the zealous...

Missouri Bar to hold computer camp for attorneys.(Brief Article)
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Whether you want to update your PC proficiency, refresh your knowledge of basic programs or just figure out what a PC and a program are, The Missouri Bar is holding a computer camp for attorneys. ...

MO and KS courts launch program to provide financial literacy education to high schoolers.(Missouri, Kansas)(Brief Article)
March 28, 2005... Byline: Missouri Lawyers Weekly Staff In an effort to educate young people about the hazards and pitfalls of credit cards, the Bankruptcy Courts for the Western District of Missouri and the District of Kansas have launched a program to...

Death of Missouri man on tractor draws $8 million verdict.(Green Valley Transportation)
March 28, 2005... Byline: Anne C.Vitale Relatives of a man who was killed by a truck have won $8 million in their Jackson County case against the trucking company. Six weeks after he was married, Christopher Taliaferro, 23, was riding a tractor on a...

Judge William H. Crandall Jr. to retire from the Missouri Court of Appeals.(Brief Article)
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Judge William H. Crandall Jr. will be retiring from the Missouri Court of Appeals' Eastern District on March 31. The Appellate Judicial Commission now is accepting applications to fill his seat....

Missouri Lawyers in the News: March 28, 2005.(Kapke Willerth and Leonard, Williams Venker and Sanders)(Brief Article)
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Christina D. Finley has joined Kapke Willerth & Leonard in Independence as of counsel, practicing primarily in the area of family law. In addition, Jonathan S. Zerr has joined the firm as an associate,...

United States Court of Appeals Eighth Circuit Case Summaries: March 28, 2005.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Contempt Order - Failure To Appeal - Waiver Where the district court in a contract action found the defendant to be in contempt and ordered it to pay attorney's fees and...

U.S. Bankruptcy Appellate Panel Case Summaries: March 28, 2005.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Student Loans - Dischargeability - Undue Hardship Where debtor who sought the discharge of his student loans argued that the bankruptcy court incorrectly estimated the debtor's...

Missouri Court of Appeals Eastern District Case Summaries: March 28, 2005.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Petition - Motion To Amend - Denial Where a trial court denied a motion to amend a petition filed by a city attorney who filed a claim for wrongful removal, the failure to grant...

Missouri Court of Appeals Southern District Case Summaries: March 28, 2005.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Methamphetamine - Seizure - Plain View Doctrine (1) Where officers extended a traffic stop to investigate whether defendant had been drinking and driving when they observed a beer...

Missouri Court of Appeals Western District Case Summaries: March 28, 2005.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Trial De Novo - Contested Case - Default Judgment Even though a defendant in a proceeding before an associate circuit court judge did not file an answer and did not appear at...

Verdicts & Settlements: March 28, 2005: Death of man on tractor draws $8 million verdict.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Relatives of a man who was killed when a truck hit his tractor have won $8 million in their Jackson County case against the trucking company. On Sept. 11, 2002, Christopher M. Taliaferro, 23, was...

Verdicts & Settlements: March 28, 2005: Couple burned when trailer exploded settle case for $1M.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff Two people who were severely burned by a propane tank explosion have settled their case against the landlord and propane company for $1 million. Miguel Angel rented a trailer home in Nixa, Mo.,...

Verdicts & Settlements: March 28, 2005: Worker who alleged sexual harassment wins $340,097.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff A woman who claimed she was fired three days after reporting sexual harassment has won $340,097 in her federal harassment and retaliation case. Carol Jeanine Dowell, 33, worked as an administrative...

Verdicts & Settlements: March 28, 2005: Boy claiming lead poisoning loses lawsuit against landlord.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff A 9-year-old boy who claimed he suffered lead poisoning while living in Section 8 housing has lost a lawsuit against a landlord. Cortez Williams was born in August 1995. His mother, Deborah Miller,...

Verdicts & Settlements: March 28, 2005: Man who fell in restaurant wins $187,500 in liability case.
March 28, 2005... Byline: Missouri Lawyers Weekly Staff A man who fell on a wet restaurant floor has won $187,500 in his premises liability case. On Dec. 27, 2000, Rodney Easter and his wife were at the Alton Belle Casino. On their way home, they...