Missouri Lawyers Weekly articles from November 2003

Missouri Lawyers Weekly archives from November 2003

Survey Reports Lawyers Favor Liberal Arts Degrees.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff A liberal arts education provides the best academic foundation for law school, according to a recent survey of attorneys conducted by The Affiliates, a legal staffing firm with a divisional office...

Environmental Group In Missouri Sues DNR.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Great Rivers Environmental Law Center, a public interest environmental law organization, announced that Safe Handling of Waste Managed Environmentally, known as ShowMe, a nonprofit citizens...

Zealous Advocates Of Tailgating In Missouri.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff The Missouri Bar Young Lawyers Section and the University of Missouri-Columbia School of Law Student Bar Association joined forces to host a tailgate before Mizzou's homecoming football game vs. Texas...

Missouri Lawyers In The News: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Steve Kushner was recently elected to the American College of Real Estate Lawyers, which gathers lawyers distinguished for their skill, experience and high standards of professional and ethical conduct...

Verdicts & Settlements November 3, 2003: Manager Said Company Didn't Report Child Abuse.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A manager at a medical imaging center sued for wrongful discharge, contending that she was fired because she claimed her employer failed to report child abuse. Julie Mehrer...

Verdicts & Settlements November 3, 2003: Doctor Didn't Diagnose Perforated Colon.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff $265,000 Verdict The family of a 69-year-old woman who died after contracting peritonitis from a perforated colon sued for medical malpractice. Dorothy Wolff of Cape Girardeau was living at...

Verdicts & Settlements November 3, 2003: Woman Hit Head-On By Bank Employee.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff $1.4 Million Settlement A 55-year-old woman sued a bank after she was injured in an automobile accident with one of its employees. On June 21, 2001 the plaintiff was driving north on Highway 19...

Interest In Living Wills in Missouri Is Increased By Schiavo Case.
November 3, 2003... Byline: Anne C. Vitale More than a decade after the U.S. Supreme Court made its decision in the Missouri case of Cruzan v. Harmon, attorneys say there is a renewed interest in end-of-life issues in light of the Terri Schiavo case currently...

Missouri Court of Appeals' Eastern District Rules Prejudgment Interest Not Available On UM Claim.
November 3, 2003... Byline: Anne C. Vitale A driver could not recover prejudgment interest in an uninsured motorist case against his insurance company because the suit was based on contract and the statute allows interest only for torts, the Missouri Court of...

Missouri Court of Appeals' Eastern District Case Summaries: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Civil Practice Order of Protection - Evidence - Stalking Where an employee of an ambulance district claimed the chairman of the district was stalking her, there was insufficient evidence to...

Missouri Supreme Court Action Case Summaries: April 14, 2008.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Transfer Granted The Missouri Supreme Court granted transfer on Oct. 28 in the following cases: Auto Fraud Western District ruling: Where a car buyer bought a "chopped" car from a dealer...

Verdicts & Settlements November 3, 2003: Firestone Tire ExHomeowners Upset With Driveway Contractor.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff $12,712 Verdict Property owners in Jefferson County sued a contractor they hired to pave a 715 foot driveway leading to their house and a large parking area behind their garage. On April 10,...

Missouri Court of Appeals' Western District Case Summaries: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Administrative Family Support Division - Standing - Paternity Declarations Where the governor issued an executive order reorganizing state agencies, standing formerly held by the Division of...

Missouri Supreme Court Case Summaries: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Criminal Law Sentencing - 'Prior Offender' - Court Martial Where a trial court enhanced the sentence of a criminal defendant who was treated as a prior offender because of a military...

U.S. Court Of Appeals 8th CircuitMissouri Supreme Court Case Summaries: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Civil Rights Qualified Immunity - High- Speed Chase Where plaintiffs filed a Section 1983 action after they were injured when their car was struck by a car involved in a high-speed police...

10 Years Ago in Missouri Lawyers Weekly: November 3, 2003.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff 'But For' Test OK'd In Med-Mal Case A $16 million judgment against Cardinal Glennon Hospital and St. Louis University for medical malpractice was affirmed, and the Missouri Supreme Court said the...

Missouri Court of Appeals' Eastern District Rules City Could Deny Church's Application For Signage.
November 3, 2003... Byline: Kenneth C. Jones A city could deny a church's application for a sign permit on aesthetic grounds, the Missouri Court of Appeals' Eastern District has ruled. The church argued that the city had authority to regulate only for...

Missouri Attorneys Can't Talk To Kids After GAL Named.
November 3, 2003... Byline: Ann Corrigan Although they should know better, some attorneys routinely violate ethical rules by talking to children in domestic cases even though a guardian ad litem has been appointed, according to family lawyers. The...

Verdicts & Settlements November 3, 2003: 64-Year-Old Died In Nursing Home.
November 3, 2003... Byline: Missouri Lawyers Weekly Staff Confidential Settlement The family of a 64-year-old woman who died of sepsis in a nursing home made a claim of negligence. The woman en-tered a home in the St. Louis County area in November...

Verdicts & Settlements November 10, 2003: Contribution Suit Over Wrestler's Death Settled.
November 10, 2003... Byline: Ann Corrigan A British manufacturer has agreed to pay $9 million to World Wrestling Entertainment in order to settle a contribution lawsuit filed by WWE. The Jackson County suit followed WWE's earlier $18 million settlement of...

Missouri Court of Appeals' Eastern District Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Agency Action on Account - Apparent Authority - Interest Rate Where a farmer who leased farm land from a corporation ordered seed and fertilizer necessary to enter the property in a government...

Missouri Court of Appeals' Southern District Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of a party in a civil case contained an incomplete and vague statement of facts, failed to set forth a proper jurisdictional...

Missouri Court of Appeals' Western District Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Administrative Contested Case - Judicial Review - Prison Inmate Where a prison inmate who objected to his administrative segregation from the prison population filed a petition for review by...

Federal Jury In East St. Louis, Ill. Rejects 'Voice Profiling' Case.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff A federal jury in East St. Louis, Ill., has rejected an argument that a person's race can be discerned in a telephone conversation. The Oct. 23 verdict came in a housing discrimination case filed by...

Tools Available To Discover Federal Judges' Tendencies.
November 10, 2003... Byline: Anne C. Vitale Parties seeking a change of judge in a federal case face an uphill battle, according to attorneys. Unlike in state court, where litigants have carte blanche to request a new judge, a party has to convince a...

Missouri Supreme Court Rules Carrier's Cancellation Of Policy Improper.
November 10, 2003... Byline: Anne C. Vitale Where an insurance company sent a letter to a policyholder advising that coverage would be void if the premium were not paid by the due date, the cancellation was not effective when the policyholder later failed to...

Missouri Supreme Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Civil Practice Venue - Non- Profit Corporations - Defendants Where multiple non-profit hospitals were defendants in a medical malpractice lawsuits and one hospital's principal place of business...

U.S. Court Of Appeals 8th CircuitMissouri Supreme Court Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Civil Practice Personal Jurisdiction - Request for Discovery - Internet Contacts Where plaintiffs in a civil case requested jurisdictional discovery to establish general personal jurisdiction...

Verdicts & Settlements November 10, 2003: Firestone Tire ExplosivelyOvarian Cancer Was Not Diagnosed.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff $762,158 Verdict Gail LaRose sued for medical malpractice after her primary care physician, Dr. John Doe, failed to diagnose ovarian cancer. LaRose, 38, saw Dr. Doe in December 1999 for lower back...

Verdicts & Settlements November 10, 2003: Contribution Suit Over Wrestler's Death Settled.
November 10, 2003... Byline: Ann Corrigan A British manufacturer has agreed to pay $9 million to World Wrestling Entertainment in order to settle a contribution lawsuit filed by WWE. SETTLEMENT REPORT The Jackson County suit followed WWE's earlier $18...

Commentary: 'Abolish The Death Penalty'.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Former Missouri Supreme Court Judge Charles B. Blackmar delivered a speech to the Western Missouri Coalition to Abolish the Death Penalty during a gathering at the University of Missouri - Kansas City...

Commentary: Marketing Doesn't Have To Be Expensive To Look That Way.
November 10, 2003... Byline: Michael M. Bowden Most marketing agencies will gladly work with a law firm to develop a unique "brand" and a distinctive advertising campaign - provided that firm is ready and able to fork over tens of thousands of dollars for the...

10 Years Ago in Missouri Lawyers Weekly: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff 'Yo-Yo' Is Not Libelous; 'Wacko' Undecided Did you ever want to call the judge a "yo-yo," or tell opposing counsel he's just plain "wacko"? A little name-calling can be therapeutic. It can even be...

Verdicts & Settlements November 10, 2003: Firestone Tire Explosively SeparatedWoman Fell Outside Bar.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict A woman who fell and broke her ankle as she was leaving a bar sued for premises liability. On April 22, 2000 Amanda Sullivan was leaving Mense's Landing, a bar in...

Missouri Lawyers In The News: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Sandberg, Phoenix & von Gontard in St. Louis announced that Mariquita L. Barbieri, Emily B. Crossman, David Z. Hoffman, Tiffany R. Ritchie and Brandon L. Williams have joined the firm as associates. ...

Missouri Supreme Court Rules Nonprofit Hospital Can Be Sued In City Venue.
November 10, 2003... Byline: Kenneth C. Jones Even though alleged medical malpractice occurred in St. Louis County, the plaintiff could sue two nonprofit hospitals in St. Louis City because one of them had its principal place of business in the City, the...

U.S. Bankruptcy Court - App. Panel Case Summaries: November 10, 2003.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Bankruptcy Dischargeability - Complaint - Timeliness Where a creditor filed a dischargeability complaint in a bankruptcy case by facsimile, faxed filings were not permitted and the creditor's...

Commentary: Taking The Office On The Road.
November 10, 2003... Byline: Bruce L. Dorner - Special to Lawyers Weekly Modern computing and Chinese food have much in common. First, you need to decide if you want to have a "take out" or "dine in" meal. If you only work at an office desk, then the "dine...

Verdicts & Settlements November 10, 2003: Firestone Tire Explosively Separated.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff Confidential Settlement Rodney House sued Bridgestone/Firestone, Inc. for injuries he suffered when a truck wheel he was working on explosively separated. House was employed by Plaza Tire in...

Verdicts & Settlements November 10, 2003: Firestone Tire Explosively Couple Hurt In Head-On Accident.
November 10, 2003... Byline: Missouri Lawyers Weekly Staff $935,000 Judgment Jack and Mary Kay Dawson sued Ervin Miller following an accident involving Miller's truck. On Oct. 10, 2000 the Dawsons were driving their 1998 Oldsmobile Cutlass east on...

Missouri Court of Appeals' Southern District Case Summaries: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Constitutional Liquor License - Ordinance - Police Power Where a city adopted an ordinance limiting the number of liquor licenses a municipality may issue, the ordinance did not conflict with...

Missouri Court of Appeals' Western District Case Summaries: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Domestic Relations Child Support - Modification - Judicial Approval (1) Even though a father claimed he had made an agreement with the mother of his child in which he gave her a house as...

U.S. Bankruptcy Court - App. Panel Case Summaries: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Bankruptcy Attorneys' Fees - State Court Litigation Conflict of Interest Where a corporation's law firm fully disclosed a potential conflict of interest in its representation of shareholders...

U.S. Court Of Appeals 8th CircuitMissouri Supreme Court Case Summaries: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Civil Rights Sexual Harassment - Hostile Environment - Qualified Immunity Even though a female employee of the highway commission was subjected to harassing conduct by her supervisor including...

Mo. Court of Appeals' Southern District Rules No Comp After Intoxicated Worker Killed In Accident.
November 17, 2003... Byline: Anne C. Vitale The family of a traveling salesman who was intoxicated at the time of his death in a car accident could not get workers' compensation benefits, the Missouri Court of Appeals' Southern District has ruled. This...

Verdicts & Settlements November 17, 2003: Smoker Wins Verdict Vs. Two Cigarette Companies.
November 17, 2003... Byline: Anne C. Vitale A Blue Springs man who blamed his throat cancer on three decades of smoking two packs of cigarettes a day has won a Jackson County products liability suit against two tobacco companies. The jury as-sessed...

Verdicts & Settlements November 17, 2003: Truck Making Left Turn Hit Plaintiff.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict Mary Jane Lynch sued Shade Tree Service, a company in the business of clearing foliage from underneath power lines, after an accident involving a company driver in Illinois. ...

8th U.S. Circuit Rules Worker Could Not Sue For Same-Sex Harassment.
November 17, 2003... Byline: Kenneth C. Jones Even though a worker was subjected to crude and vulgar treatment by his male supervisor, he could not sue for same-sex harassment, the 8th U.S. Circuit Court of Appeals has ruled. This was because the...

Missouri Court of Appeals' Eastern District Case Summaries: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Civil Practice Replevin - Joinder - Timeliness Where four siblings who were plaintiffs in a replevin action were awarded damages, the trial court erred in proceeding without joinder of three...

10 Years Ago in Missouri Lawyers Weekly: November 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Child Molester's 'Intent' Defeats Coverage Intent to harm the victim is necessarily inferred in all cases of sexual molestation of a minor in Missouri, regardless of the subjective intent of the...

Verdicts & Settlements November 17, 2003: Goodyear Tire Exploded.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Confidential Settlement Hank Blechle filed a products liability suit after he was injured by an exploding tire. The case was originally filed in St. Louis City in 1995, but dismissed without...

Affordable Housing Advocates In Missouri Recognized.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Two members of the St. Louis legal community with records of achievement in affordable housing were recognized at the Fellows of the St. Louis Bar Foundation Recognition and Awards Dinner held Nov. 8....

Judicial Commission Runoff Elections To Be Held In St. Louis, Kansas City On Dec. 6.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff In Judicial Commission elections held on both sides of the state on Nov. 1, no candidate received a majority of all the valid votes counted. As a result, runoff elections will be held in areas of both...

Missouri Lawyers In The News: December 17, 2003.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Michael E. Whittle has been elected to partnership at Armstrong Teasdale LLP in St. Louis. Whittle is a member of the firm's Business Services Department where he concentrates in the areas of real...

8th U.S. Circuit Rules Shop Owner May Sue Mayor After Getting Parking Tickets.
November 17, 2003... Byline: Kenneth C. Jones A shop owner who received several parking tickets after complaining to the mayor about the non-enforcement of city ordinances could sue for retaliation under Sect. 1983, the 8th U.S. Circuit Court of Appeals has...

Verdicts & Settlements November 17, 2003: Carpal Tunnel Surgery Unnecessary.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff $325,000 Verdict A woman who claimed her surgeon performed unnecessary surgery for carpal tunnel syndrome sued for medical malpractice. In October 1997 Carrie Ratliff, 21, saw Dr. Ronald Carter...

Verdicts & Settlements November 17, 2003: Girl Lost Sight After Sinus Surgery.
November 17, 2003... Byline: Missouri Lawyers Weekly Staff Confidential Settlement A 4-year-old girl who lost sight in one eye following sinus surgery sued for medical malpractice. On Oct. 22, 2001 Larrissa Reed, who had a history of ear infections,...

8th U.S. Circuit Rules Mistaken Arrest Not Grounds For Sect. 1983 Suit.
November 24, 2003... Byline: Anne C. Vitale A man arrested by a police officer after a case of mistaken identity could not sue for violation of his Fourth Amendment rights under Sect. 1983, the 8th U.S. Circuit Court of Appeals has ruled in a 2-1 decision. ...

Up And Coming Michigan Lawyers: Theodore Green.(Biography)
November 24, 2003... Byline: Anne C. Vitale Name: Theodore M. Green Age: 34 Education: University of Missouri-Columbia, BA, 1990; University of Missouri-Kansas City, JD, 1994 Experience: Law clerk for Judge Elwood Thomas, Missouri Supreme Court,...

Jackson County Circuit Court Rules Carrier Couldn't Argue Property 'Overinsured'.
November 24, 2003... Byline: Ann Corrigan An insurance company could not argue after a fire loss that the property was worth less than the amount for which it was insured, a Jackson County circuit court judge has ruled. This was because Missouri's "valued...

Commentary: Stop Catherine Hanaway.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Once again the Lawyers Association of St. Louis brought down the house with the 2003 Gridiron Show, held on Nov. 21 at the Chase Park Plaza Hotel. Peter Dunne, still the director of the production and...

Hannibal Lawyer Exposes Mark Twain Secret.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Hannibal attorney Terrell Dempsey practices personal injury, workers' compensation and social security law by day. But when the sun goes down on this Mississippi River town, he pursues his passion as a...

Up And Coming Missouri Lawyers - Mark Bisch.
November 24, 2003... Byline: Anne C. Vitale Name: Mark E. Bisch Age: 34 Education: University of Notre Dame, BBA, 1991; St. Louis University, JD, 1994 Experience: Bryan Cave associate, 1994 -- 2002; partner, January 1, 2003 -- present The...

Missouri Lawyers Weekly's Up And Coming Lawyers.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Young lawyers sometimes find it difficult to make their mark in a profession dominated by grizzled veterans. But once in a while the rising stars shine through with their precocious knowledge,...

Verdicts & Settlements November 24, 2003: Club Owner Ejected By Landlord.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict The owner of a nightclub sued for conversion and tortious interference after his landlord ejected him from the premises. Beginning in 1997, Jeffrey Eilers and a partner...

Missouri Lawyers In The News: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Commerce Bank announced that Ellen Simmons has been appointed Senior Vice President and Senior Trust Counsel for The Commerce Trust Company, where she is responsible for the company's financial...

Up And Coming Missouri Lawyers - Michelle Stewart.
November 24, 2003... Byline: Chris Brown Name: Michelle R. Stewart Age: 29 Education: Kansas State University, BA, 1996; Washburn University School of Law, JD with honors, 1999. Experience: Fisher, Patterson, Sayler & Smith, LLP, associate,...

Up And Coming Missouri Lawyers - Joan M. Lockwood.
November 24, 2003... Byline: Chris Brown Name: Joan M. Lockwood Age: 36 Education: Boston College, BS, 1990; Saint Louis University, JD, 1993 Experience: Gray, Ritter & Graham, P.C., 1993 - present The most valuable lesson you learned in law...

Verdicts & Settlements November 24, 2003: Driver Was Rear-Ended By Truck.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict Ralph Compton sued Yellow Freight trucking company after he was rear-ended by a tractor-trailer. On June 15, 1998 Compton was stop-ped in traffic on southbound Tucker...

Verdicts & Settlements November 24, 2003: Railroad Worker Hurt In Truck Accident.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff $1.5 Million Verdict Timothy Sorrell filed a FELA case against his employer, Norfolk Southern Railway Company, following two on-the-job injuries. On Oct. 20, 1999 Sorrell was working as a...

10 Years Ago in Missouri Lawyers Weekly: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Deathbed Marriage Was Invalid The deathbed wedding ceremony of a man and woman who never obtained a marriage license was not valid, and the marriage was void ab initio, according to the Western...

Up And Coming Missouri Lawyers -Joseph Passanise.
November 24, 2003... Byline: Chris Brown Name: Joseph S. Passanise Age: 35 Education: Southwest Missouri State University, BS (1991); Southwest Missouri State University, MA in communications (1993); University of London, Imperial College, MBA (1995);...

Verdicts & Settlements November 24, 2003: Patient Suffered Perforated Bowel.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff $500,000 Settlement Trudy Langley sued for medical malpractice after she suffered a perforated bowel during laparoscopic abdominal surgery. Langley was experiencing lower ab-dominal pain and...

Verdicts & Settlements November 24, 2003: Mother And Child Hit By Hotel Van.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff $3.75 Million Settlement A woman and her toddler sued a Holiday Inn hotel following a head-on accident with a hotel van. On Nov. 18, 2001 Cassondra Pippins, 29, was driving her Toyota Celica...

Missouri Court of Appeals' Eastern District Case Summaries: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Constitutional First Amendment - TCPA - Unsolicited Calls (1) Where a woman brought an action under the Telephone Consumer Protection Act against a company that made a prerecorded marketing...

Missouri Court of Appeals' Southern District Case Summaries: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 74.01 - Judgment - Finality - Arbitration Where the trial court ordered that several counts in a case be "stayed pending arbitration" but also ruled on several other...

Missouri Court of Appeals' Western District Case Summaries: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Appellate Practice Summary Judgment - Grounds - Failure To Challenge Where customers of an electrical cooperative appealed a summary judgment in favor of the cooperative on their abuse of...

U.S. Court Of Appeals 8th CircuitMissouri Supreme Court Case Summaries: November 24, 2003.
November 24, 2003... Byline: Missouri Lawyers Weekly Staff Civil Rights Arrest Warrant - Mistaken Identity - Qualified Immunity Where police officers were given information that an arrest warrant had been issued for a man with the same first and last...