Missouri Lawyers Weekly articles from October 2004

Missouri Lawyers Weekly archives from October 2004

Juvenile Death Penalty Forum To Take Place In Downtown St. Louis.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff The Bar Association of Metropolitan St. Louis' Individual Rights & Responsibilities Committee/Criminal Law Section and the St. Louis Chapter of the Federalist Society's Criminal Law and Procedure...

Missouri Court of Appeals Rules Shopper Struck By Falling Merchandise Can File Negligence Suit.
October 4, 2004... Byline: Anne C. Vitale A shopper who was injured when a stroller fell from a display shelf in a Toys 'R' Us store made a submissible case for negligence, the Missouri Court of Appeals Western District has ruled. This was because the...

Eastern Missouri Court of Appeals Case Summaries: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Default Judgment - Good Cause - Insufficient Allegations Where defendants filed a motion to set aside a default judgment, the defendants' allegations were insufficient to...

Verdicts and Settlements October 4, 2004: Burned electric worker gets $350K settlement.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff A power company lineman who was injured when he inadvertently started a flash fire sued a contractor for his injuries. Gary Clark was employed by Kansas City Power & Light Co. as a lineman. While...

Kansas City To Host Domestic Violence Conference.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff To support Domestic Violence Awareness Month during the month of October, the Lawyers For Children Committee of the Kansas City Metropolitan Bar Association & Foundation will host the Seventh Annual...

First Missouri Fen-Phen Case Settles After Week Of Trial.
October 4, 2004... Byline: Aaron Brown After a week of trial, six people who claimed that a popular diet drug caused heart-valve damage have settled a St. Louis City products liability case against the manufacturer for a confidential amount. The...

Southern Missouri Court of Appeals Case Summaries: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Third- Party Defendant - Failure To Join - Necessary Party Where a defendant in a wrongful eviction case claimed the trial court erred by failing to join a third-party defendant...

Verdicts and Settlements October 4, 2004: Jury awards family $250K in auto crash suit.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff The family of a woman who died in a car accident sued the Missouri Highway and Transportation Commission for negligence. At about 10 p.m. on June 22, 2002, Jacqueline Leighty was driving south on...

Western Missouri Court of Appeals Case Summaries: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Murder - Law Partners - Evidence (1) Where an attorney who was convicted of murdering his law partner told police three times that he left the office earlier than the evidence...

U.S. Bankruptcy Court Case Summaries: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Preference Payments - Ordinary Course - New Value Where a debtor made preferential payments to a creditor, the creditor failed to show the payments were made in the ordinary course...

U.S. Court Of Appeals Eighth Circuit Case Summaries: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Ancillary Jurisdiction - Liquidation Of Assets - Cayman Islands Where a bankruptcy court granted injunctive relief under 11 U.S.C. Section 304 to enjoin proceedings against assets...

Verdicts and Settlements October 4, 2004: Comany settles for $125K in employee discrimination suit.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff A woman who worked for a Kansas City company sued for sex harassment. Stephanie Thomas was employed by a large manufacturing firm. She claimed that her supervisor repeatedly harassed her at work,...

Missouri Court of Appeals Eastern District Seeks Applicants.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff The Appellate Judicial Commission announced that it is currently accepting applications for the position of Judge of the Missouri Court of Appeals, Eastern District, to fill the vacancy created by Judge...

Missouri Lawyers In The News: October 4, 2004.
October 4, 2004... Byline: Missouri Lawyers Weekly Staff Robert D. Arb of Valley Park has been certified as a Christian Conciliator in mediation and arbitration by the Institute for Christian Conciliation, a division of Peacemaker Ministries. Christian...

Missouri Court of Appeals Rules Attorney's Withdrawal On Hearing Date Improper.
October 4, 2004... Byline: Anne C. Vitale An attorney should not have been allowed to withdraw -- on the day of a hearing -- in a termination of parental rights case, the Missouri Court of Appeals' Eastern District has ruled. This was because the...

Missouri Human Rights Act Law On Individual Liability In 'State Of Flux'.
October 4, 2004... Byline: Kenneth C. Jones The liability of individual defendants for discrimination under the Missouri Human Rights Act is "in a state of flux," according to attorneys. There are no state appellate decisions on the issue, putting the...

American Association of Legal Nurse Consultants to hold its annual conference on Oct. 15.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff The St. Louis Chapter of the American Association of Legal Nurse Consultants will host its annual fall conference on Oct. 15 in St. Louis. Nurses, paralegals and legal nurse consultants are encouraged...

Missouri's 2004 Written Admonition Summaries.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff The Office of Chief Disciplinary Counsel released the following 2004 Written Admonition Summaries. Attorneys Attorney Didn't Supervise Associate The lawyer was hired by a client to pursue...

Legal Teams Are Gearing Up For Election Day In Missouri.
October 11, 2004... Byline: Geri L. Dreiling Instead of Get Out the Vote, the motto for November's elections in Missouri could be Send in the Lawyers. As the polls prepare to open up to white-knuckle presidential and gubernatorial races, few have...

Eastern Missouri Court of Appeals Case Summaries: October 11, 2004.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Contract Parol Evidence - Discovery - Attorney- Client Privilege (1) Where a company executive sued his employer for breach of contract in a dispute stemming from a severance agreement, the...

Missouri's 2003 Written Admonition Summaries.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff The Office of Chief Disciplinary Counsel released the following 2003 Written Admonition Summaries. Advertising Qualifications Overstated The lawyer sent a targeted advertisement letter to...

Missouri Court of Appeals Rules Med-Mal Verdict Director Was OK.
October 11, 2004... Byline: Anne C. Vitale A verdict director in a medical malpractice case did not have to include the doctor's explanation of why he performed a certain procedure, the Missouri Court of Appeals' Western District has ruled. This was...

Verdicts and Settlements October 11, 2004: Fatal auto collision results in $950K settlement.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff $950,000 Settlement The family of a 36-year-old woman who was killed in a head-on collision sued the estate of the other driver. On Nov. 14, 2003, Rhonda Martin was driving her Toyota Corolla south...

Verdicts and Settlements October 11, 2004: Fatal auto negligence prompts $3M verdict.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff A wrongful death suit was filed after a woman was killed by a piece of flying scrap metal on Interstate 70. On Aug. 20, 2001, Patricia Walker was driving west on I-70 near Missouri Highway 291. A...

Verdicts and Settlements October 11, 2004: Industrial worker gets $1.5M in products liability suit.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff $1.5 Million Settlement An industrial worker who was hurt when a dust collection system collapsed on top of him filed a products liability lawsuit. Rodin Hernandez, now 46, was employed by Metal...

Verdicts and Settlements October 11, 2004: Missouri Doctor Prevails In Stomach Stapling Case.
October 11, 2004... Byline: Anne C. Vitale Relatives of a prominent St. Louis businessman who died after "stomach stapling" surgery have lost their St. Louis City medical malpractice case against his surgeon. John P. Ferrara, one of the founders of The...

Southern Missouri Court of Appeals Case Summaries: October 11, 2004.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Prior Offender - Proof Of Status - Sufficiency Where a criminal defendant challenged an amended information as failing to properly plead his status as a prior and persistent...

Western Missouri Court of Appeals Case Summaries: October 11, 2004.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Sexually Violent Predator - Verdict Form- Cross- Examination (1) Where jurors in a commitment proceeding found that a man should be committed to the department of mental health "as...

U.S. Court of Appeals Eighth Circuit Case Summaries: October 11, 2004.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Trustee's Duties - Adversary Action - Standing Where a debtor filed an adversary proceeding to administer a pre-petition asset, the debtor did not show that the trustee failed to...

Verdicts and Settlements October 11, 2004: Mo. jury awards $910K for failed cancer diagnosis.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff A man who claimed his doctor failed to diagnose prostate cancer sued for lost chance of recovery. Alfred Cole, now 68 years old, had physical exams between 1997 to 2001 at Ferrell Duncan Clinic,...

Annual Missouri Bar Conference Highlights.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Joe B. Whisler, a shareholder in the Kansas City firm of Cooling & Herbers PC, was elected president of The Missouri Bar for 2004-2005 during the organization's 125th Annual Meeting held Sept. 29 -...

Missouri Supreme Court Releases Rules Online.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Chief Justice Ronnie L. White announced Sept. 30 that, in response to requests from the legal community and the public at large, the Supreme Court of Missouri now has placed its Supreme Court Rules and...

Missouri Lawyers In The News: October 11, 2004.
October 11, 2004... Byline: Missouri Lawyers Weekly Staff Michael Gunn of St. Louis has been elected chairman of the board of directors of Peter and Paul Community Services, an ecumenical human service agency committed to providing housing and supportive...

Appellate Judge Mary Rhodes Russell Takes Seat On Missouri Supreme Court.
October 11, 2004... Byline: Ann Corrigan Appellate Judge Mary Rhodes Russell's appointment to the Missouri Supreme Court by Gov. Bob Holden is a homecoming in a way. Russell's first job after law school was a clerkship with former Supreme Court Judge George...

Missouri Court of Appeals Rules Son Doesn't Get Joint Account On Mom's Death.
October 18, 2004... Byline: Kenneth C. Jones Where a son used a power of attorney to sell his mother's farm and deposited the proceeds into a joint account he had with her, the account did not pass to him when she died, the Missouri Court of Appeals' Western...

Joe B. Whisler Takes Over As Missouri Bar President.
October 18, 2004... Byline: Anne C. Vitale It looks like Joe B. Whisler is going to take his term as Missouri Bar president personally. Installed at MoBar's Annual Meeting on Oct. 1, Whisler said he intends to promote the Lotus Project -- a program named...

Verdicts and Settlements October 18, 2004: Mo. jury rules for defendant in labor suit.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff An electrical contractor that claimed a union committed unfair labor practices sued under the National Labor Relations Act. The International Brotherhood of Electrical Workers Local 1 picketed...

Verdicts and Settlements October 18, 2004: Comfort Inn settles for $405K in premises liability suit.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff A paraplegic man who fell in a hotel bathroom and fractured his spine sued for negligence. Marc Fenn of Indiana was honorably discharged from the military in 1989. About a year later, while...

Missouri Lawyers In The News: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Joselyn R. Verschelden has joined Rouse Hendricks German May in Kansas City as an associate. Verschelden is a former law clerk to Judge Ronald R. Holliger of the Missouri Court of Appeals' Western...

Missouri Supreme Court Rules College Can't Sue City Over Flood Damage.
October 18, 2004... Byline: Anne C. Vitale Even though City of St. Louis workers paved over shut-off valves for water service lines that connected a college to the city water main, the college could not sue the city for flood damage that occurred when the...

Newest Members of The Missouri Bar.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff A-C Robert John Abbott, Brenda Karen Achenbach, Jeremy Craig Adest, Danielle L. Adler, Michael Joseph Adrian, Todd N. Agron, Joy Ahern,* Jolie Lynn Airington, Chandreka Nicole Allen, Daniel Lewis...

Verdicts and Settlements October 18, 2004: Mo. jury awards injured pedestrian 170K.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff A 16-year-old pedestrian who was hit by a car filed a negligence suit against the driver and a vexatious refusal claim against her own insurance company. On March 20, 1998, Warren Joiner, who had...

Eastern Missouri Court of Appeals Case Summaries: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Contract Purchase Agreement - Breach Of Contract - Rescission Where landowners who sold property to the city claimed a provision in the purchase agreement required the city to return to them...

Southern Missouri Court of Appeals Case Summaries: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Discovery - Sanctions - Work Comp Case Where the insurer for an employer in a workers' compensation case failed to produce a corporate representative for the employer to depose...

Western Missouri Court of Appeals Case Summaries: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Commercial Merchandising Practices Act - Punitive Damages - Used Car Sale (1) Where the buyer of a used car sued the dealer under the Missouri Merchandising Practices Act after discovering that...

Missouri Supreme Court Case Summaries: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Judicial Review - 'Contested Case' - Hearing Board Where two deputy sheriffs sought judicial review of their terminations by the sheriff, a proceeding before the hearing board...

U.S. Court of Appeals Eighth Circuit Case Summaries: October 18, 2004.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Contract Breach Of Contract - Insurance Agent - Policy Commissions Where an insurance company sued a former agent for breach of contract when the agent refused to repay commissions he had...

Missouri Bar Files Amicus Brief.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff Joseph C. Blanton Jr. of Sikeston has prepared an amicus brief on behalf of The Missouri Bar in support of Minnesota's ethical rule prohibiting judicial candidates from directly soliciting campaign...

St. Louis law firm announces the formation of not-for-profit program, Community Education Resources.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff The Carson Law Firm, a family law firm in St. Louis, announced the formation of Community Education Resources, Inc., a not-for-profit organization committed to education programs about issues affecting...

Missouri Supreme Court Announces Firsts.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff The Missouri Supreme Court announced that for the first time in its history, a husband and wife -- and an Asian-American -- sat as special judges with the Court. Judge George W. Draper III, chief judge...

Verdicts and Settlements October 18, 2004: Death during surgery results in $545K settlement.
October 18, 2004... Byline: Missouri Lawyers Weekly Staff The husband and two adult children of a woman who died following laparoscopic gallbladder removal surgery sued for medical malpractice. The plaintiffs had her body exhumed four years after death to help...

Verdicts and Settlements October 18, 2004: Auto negligence results in $1.2M settlement.
October 18, 2004... Byline: Aaron Brown Two motorcyclists injured when lawn furniture flew out of a pickup truck driving in front of them have settled their Greene County lawsuit for $1.2 million. Radford and Ericka Sparks were thrown from their...

Missouri Lawyers In The News: October 25, 2004.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff Williams Venker & Sanders in St. Louis has named Peter Krane as the firm's newest partner. Krane, who joins the firm with nearly two decades of experience, will concentrate his practice primarily on...

Missouri Appeals Court Rules Refiling Of Wrongful Death Lawsuit By Sister Was OK.
October 25, 2004... Byline: Kenneth C. Jones Where a woman voluntarily dismissed a wrongful death case involving medical treatment of her mother, the case could be refiled by her sister within the one-year savings statute, the Missouri Court of Appeals'...

Verdicts and Settlements October 25, 2004: Mo. jury awards $18K to woman injured in car crash.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff A St. Louis wo-man injured in an automobile accident with a 14-year-old driver sued for her injuries. Jennifer Hubble, 23, was driving on Nagel in St. Louis City. There was a stop sign at the...

Verdicts and Settlements October 25, 2004: Mo. jury awards $270K to man injured at Taco Bell.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff A man injured when he slipped on ice outside a Taco Bell restaurant sued for premises liability. Larry Scott and his brother were deer hunting in Monroe City, Mo., in early January 2001. It had...

Mo. Court of Appeals' Eastern District Rules Man Driving Golf Cart To Be Charged With DWI.
October 25, 2004... Byline: Anne C. Vitale A man who was driving a golf cart on the streets of a private subdivision could be charged with driving while intoxicated, the Missouri Court of Appeals' Eastern District has ruled. This was because the cart was...

Age Verdict For Lawyer In ALJ Case Goes To Missouri Supreme Court.
October 25, 2004... Byline: Geri L. Dreiling When it came to appointing workers' compensation ALJs and legal advisors during the Carnahan administration, the governor's staff -- not the Department of Labor and Industrial Relations -- made the decisions. ...

Verdicts and Settlements October 25, 2004: Mo. jury rules for property management co. in tort suit.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff A man who alleged he was evicted from an apartment complex filed several tort claims against the apartment and its property management company. Theodore Baskin's wife was night manager at the...

Verdicts and Settlements October 25, 2004: Mo. jury rules for defense in employment suit.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff A worker who claimed he was fired after reporting an on-the-job injury sued for retaliation. David Schulte was a chauffeur for GEM Transportation in St. Louis. He injured his back at work in July...

Missouri Eastern Court of Appeals Case Summaries: October 25, 2004.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Contested Case - Jurisdiction - Hearing Even though an ambulance district terminated a paramedic after a hearing, the district's policy manuals did not give the paramedic a...

Missouri Southern Court of Appeals Case Summaries: October 25, 2004.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Finality - Quiet Title Action Where a judgment in a quiet title action did not describe the property involved with certainty and the record did not contain an...

Western Missouri Court of Appeals Case Summaries: October 25, 2004.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of an appellant in a vexatious refusal case contained points relied on that were only abstract statements of the law and the...

United States Court of Appeals Eighth Circuit Case Summaries: October 25, 2004.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff Bankruptcy Dismissal Of Petition - Section 707(b) - Consumer Debt Even though debtors argued that they purchased their home as an investment and intended to sell it for a profit in the future,...

Washington University hosts second of three St. Louis presidential debates.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff On Oct. 8, the national spotlight shined on St. Louis as Washington University hosted the second of three presidential debates between President George W. Bush and Sen. John Kerry. The debate featured a...

Verdicts and Settlements October 25, 2004: Mo. jury rules for defense in med-mal suit.
October 25, 2004... Byline: Missouri Lawyers Weekly Staff The children of a woman who died of a hemorrhage in her liver sued for medical malpractice. On March 8, 2002, Sharon Koskela went to the emergency room at St. John's Hospital in Joplin complaining...

Missouri Patient Wins $910K In Prostate Cancer Lawsuit.
October 25, 2004... Byline: Anne C. Vitale A man who claimed his doctor failed to diagnose prostate cancer has won $910,000 in his Greene County lost chance of recovery case. Alfred Cole, now 68, underwent three routine physical exams at the Ferrell...