Missouri Lawyers Weekly articles from November 2004

Missouri Lawyers Weekly archives from November 2004

Mo. Court of Appeals' Southern District Rules 5-Year Statute Applies To False Positive Drug Test.
November 1, 2004... Byline: Kenneth C. Jones A woman who claimed she was fired after a hospital reported false positives on a drug screening test could sue for negligence within the five-year statute of limitations, the Missouri Court of Appeals' Southern...

Mo. Court of Appeals' Eastern District Rules No-Damages Plaintiff's Verdict Was Inconsistent.
November 1, 2004... Byline: Anne C. Vitale Where jurors in a med-mal case found that the plaintiff lost a material chance of surviving cancer due to his doctor's negligence but awarded no damages, the case must be retried, the Missouri Court of Appeals'...

U.S. Court Of Appeals Eighth Circuit Case Summaries: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Remedies - Failure To Exhaust - Sovereign Immunity Where a plaintiff brought fraud claims against several defendants including the Small Business Administration alleging...

Officers Shot Mentally Ill Man: Settles With Kansas City Police Department.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff $350,000 Settlement The family of a mentally ill young man who was shot to death by police have entered into a settlement with the Kansas City Police Department. On Nov. 11, 2002, police received a...

Missouri Lawyers In The News: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Husch & Eppenberger LLC announced the addition of six new associates in the firm's St. Louis office. Jayson M. Clark and Jill D. Switkin have joined the General Business Litigation Practice Group,...

Missouri Law Firms Are Using Various Methods For Vioxx Marketing.
November 1, 2004... Byline: Geri L. Dreiling Print, radio, television and the Internet are just some of the ways Missouri attorneys are letting the public know they are handling Vioxx cases. Many of the ads have popped up since Sept. 30. That's when...

Chillicothe Auto Dealer Said Computer Failed.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Defendant's Verdict An automobile dealership that was dissatisfied with a new computer system it purchased sued for breach of warranty. Woody's Dodge-Jeep-Chrysler-Plymouth in Chillicothe, Mo.,...

Jackson County Circuit Court Awards Family Of Pedestrian Killed At Crosswalk.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff $1 Million Verdict The parents of a 20-year-old student who was struck and killed by a car as she crossed the street sued the City of Kansas City. Chen Pei attended the Conservatory of Music at the...

Mo. Court of Appeals Eastern District Case Summaries: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Attorney's Fees - Prevailing Party - Child Support Where a trial court awarded attorney's fees to a father as the result of an administrative procedure initiated by the...

Mo. Court of Appeals Southern District: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Self- Representation - Request - Timeliness Where a criminal defendant asked to waive counsel and represent himself three days before trial and again the morning of trial and did...

Mo. Court of Appeals Western District: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Arbitration Award - Prejudgment Interest - 'Manifest Disregard' Where a trial court confirmed an arbitration award in favor of a company that was a party in a dispute with a city and the award...

Mo. Supreme Court Case Summaries: November 1, 2004.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Statute - Mootness - Costs Where the names of four individuals who were identified in an agency investigation for child abuse or neglect were expunged after a review found no...

Legal Services of Southern Missouri Reports Successful Project.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff In June, Legal Services of Southern Missouri, partnering with the Office of State Courts Administrator, the judiciary of the 31st Circuit and the Greene County Circuit Clerk's office, implemented a...

Missouri Bar Urges Merit-Based Voting.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff Leaders of The Missouri Bar are concerned about an organized effort against the retention of Missouri Supreme Court Judge Richard B. Teitelman, an issue that will be decided in tomorrow's election. ...

Verdicts & Settlements: November 1, 2004: Motorcycle Collided With Pizza Delivery Truck.
November 1, 2004... Byline: Missouri Lawyers Weekly Staff $5.6 Million Settlement A motorcyclist who hit the side of a pizza delivery truck sued the driver and his employer. In October 2003, William N. Hajek, 19, was riding his motorcycle north on Genesta...

Verdicts & Settlements: November 1, 2004: Driver Delivering Pizza Collided With Motorcycle.
November 1, 2004... Byline: Anne C. Vitale A motorcyclist who suffered a head injury in a collision with a pizza delivery truck has settled his St. Louis City case against Papa John's Pizza for $5.6 million. William Hajek, 19, was not wearing a helmet at...

Missouri Lawyers In The News: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Husch & Eppenberger announced the addition of two new associates. Melanie M. Roewe has joined the Land Use Development and Financing Practice Group in the firm's St. Louis office, where she handles...

Mo. Court of Appeals' Western District Rules Family Of Worker With Lung Cancer To Get Death Benefits.
November 8, 2004... Byline: Anne C. Vitale The family of a worker who died of lung cancer after spending almost 40 years re-treading tires could get comp death benefits, the Missouri Court of Appeals' Western District has ruled. His employer argued that...

Mo. Dept. of Corrections officer sued for sex harassment.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff $82,500 Settlement A female Department of Corrections officer sued for sex harassment. Alysia Dale worked at the Crossroads Correctional Facility in Cameron, Mo., as a Corrections Officer I. She...

Missouri Court of Appeals' Eastern District Panel Announced.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Ronnie L. White, Chief Justice of the Missouri Supreme Court and chair of the Appellate Judicial Commission, announced on Oct. 28 that the Commission has submitted to Gov. Bob Holden its panel of...

Mo. Court of Appeals' Southern District Rules Child Support Doesn't End On Death Of Custodial Dad.
November 8, 2004... Byline: Kenneth C. Jones The death of the custodial father did not terminate the child support obligation of the mother, the Missouri Court of Appeals' Southern District has ruled. Their 18-year-old daughter argued that support should...

U.S. Court Of Appeals 8th Circuit Case Summaries: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Fraudulent Transfer - Annuities Purchase - Avoidance Where a debtor purchased annuities in the name of her nephew for whom she managed financial affairs, the debtor made the purchase...

Man Sues In Jackson County Circuit Court For Wife's Death of Mesothelioma.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Confidential Settlement A man who claimed his late wife contracted mesothelioma by washing his asbestos-contaminated clothes for over 30 years sued for products liability. From 1958 until...

Driver Beats DWI Charge In Metabolic Curve Case In Mo. Court of Appeals' Western District.
November 8, 2004... Byline: Kenneth C. Jones A driver who registered .08 percent BAC at the police station could argue that he was below the legal limit when an officer pulled him over a half hour earlier, the Missouri Court of Appeals' Western District has...

Mo. Court Of Appeals Eastern District Case Summaries: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Notice Of Appeal - Timeliness - Jurisdiction Where a notice of appeal filed by a wife in a dissolution was not filed within 10 days of the date the judgment became final, the...

Mo. Court Of Appeals Southern District Case Summaries: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Points Relied On - Disparate Claims - Appearance Of Impropriety (1) Where the brief of appellants in a real property case contained points relied on that presented disparate...

Mo. Court Of Appeals Western District Case Summaries: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Record - Lack Of Transcript - DWI Where the record on appeal in a driving while intoxicated case did not contain a copy of the trial transcript and did not establish what...

U.S. Bankruptcy Court Appellate Panel Case Summaries: November 8, 2004.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Exemption Claim - Tax Refund - Turnover Order Where the bankruptcy court found that a debtor's tax refunds were "substantially administered" because the trustee obtained an order of...

Historical Society of St. Louis County Honors Lawyer.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff The Historical Society of St. Louis County presented attorney and author Michael A. Kahn with its St. Louis Book Award on Oct. 21. Kahn received the award from Judge Arthur Litz for his "literary...

Legal Salaries To Increase In 2005.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff Average starting salaries for attorneys, paralegals and other legal professionals across the nation are expected to increase 3.4 percent next year, according to a recently released salary guide compiled...

Bicyclist Claimed Brakes Locked Up In U.S. District And SuesCourt.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff $150,000 Verdict A woman who was injured in a bicycle accident sued the bicycle retailer for her injuries. In April 2000, Delores Lyoch purchased a ladies' 18-speed bicycle from The Sports...

St. Louis City Circuit Court Awards Industrial Worker Injured In Explosion.
November 8, 2004... Byline: Missouri Lawyers Weekly Staff $2.3 Million Settlement A worker injured when a liquid oxygen cylinder exploded at Fenster Metals Inc. sued for products liability. Fenster was a scrap metal company located in St. Louis City....

St. Louis Woman Who Fell Off Bike Wins $150K Vs. Retailer.
November 8, 2004... Byline: Anne C. Vitale A 67-year-old woman who flipped over the handlebars when her bicycle crashed has won a $150,000 verdict in a federal court products liability case. Delores Lyoch said she bought the bicycle at a Sports Authority...

University of Missouri-Columbia Receives Watergate Papers.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff The papers from a former Senate lawyer involved in the Watergate investigation have been donated to the University of Missouri-Columbia, the Associated Press reports. Don Sanders' questions in the...

Missouri Lawyers In The News: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Rabbitt, Pitzer & Snodgrass in St. Louis announced the addition of four new associates. Ralph E. Altmann concentrates his practice in the defense of construction litigation. Raymond B. Flojo focuses on...

Mo. Court Of Appeals Western District Case Summaries: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Rule 29.15 - Closing Argument - Improper Rebuttal Where an assistant prosecutor's comments in closing argument implied that he had a special knowledge beyond the evidence of a...

U.S. Court Of Appeals Eighth Circuit Case Summaries: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Relief From Stay - Vehicle - Lack Of Equity Where a creditor showed that a Chapter 7 debtor had no equity in her vehicle, the vehicle was not necessary to the reorganization and the...

Mo. Court of Appeals' Western District To Convene In Kirksville.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Chief Judge Edwin Smith of the Missouri Court of Appeals' Western District announced that the court will sit at the Adair County Courthouse in Kirksville on Friday, Dec. 3. A three-judge panel...

Missouri Lawyers In The News: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Husch & Eppenberger LLC in St. Louis announced the addition of two attorneys in the General Business Litigation Practice Group. Michele R. Sowers, who joins the firm as a member, concentrates her...

Mo. Court of Appeals Southern District Case Summaries: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Discovery -A Interrogatories - Relevance Where a defendant homebuilder in a breach of contract case submitted interrogatories requesting plaintiff's employers for the last 10...

Mo. Supreme Court Case Summaries: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Discovery - Motion To Compel - Work Product Where the plaintiffs in a wrongful death case against an automobile manufacturer filed a motion to compel discovery of documents that...

Missouri Supreme Court Addresses Work Product Objections.
November 29, 2004... Byline: Anne C. Vitale Reminding litigators that the "discovery process was not designed to be an endless and unduly expensive ordeal," the Missouri Supreme Court has told parties in a dispute over the work product privilege to return to...

Mo. Court of Appeals' Western District Rules Property Owner Can't Sue City For Nuisance.
November 29, 2004... Byline: Kenneth C. Jones A property owner who objected to the installation of lights at a municipal park could not sue the city for common law nuisance, the Missouri Court of Appeals' Western District has ruled, reversing prior case law....

Mechanic In Jackson County Awarded $2.25M For Exploding Battery.
November 29, 2004... Byline: Aaron Brown A 37-year-old mechanic who was blinded in one eye when a battery exploded has won $2.25 million in his Jackson County products liability case. Kevin Knifong, who worked at a concrete plant, was trying to fix a...

Mo. Court of Appeals Eastern District Case Summaries: November 29, 2004.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Child Support - Enforcement - Prior Order Where the Division of Child Support Enforcement entered an administrative order requiring a father to pay child support, a trial court...

Project Angel Tree Underway In St. Louis.
November 29, 2004... Byline: Missouri Lawyers Weekly Staff The Bar Association of Metropolitan St. Louis will host a Project Angel Tree Silent Auction during the organization's Member Holiday Reception on Wednesday, Dec. 1, from 5:00 - 7:00 p.m. BAMSL is...