Missouri Lawyers Weekly articles from October 2005

Missouri Lawyers Weekly archives from October 2005

K.C. lawyer Charlie J. Harris Jr. elected vice president of MO. Bar.(Brief Article)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff The Missouri Bar made history when it elected Kansas City lawyer Charlie J. Harris Jr. as its first black vice president. Harris is a partner with the law firm of Berkowitz Oliver Williams Shaw &...

Young Lawyers' Section of the MO. Bar gives back to K.C.
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Kansas City area women's shelters received last week thousands of dollars in clothing, toiletries, household items, food and cash collected by the Needs of Families Committee of the Young Lawyers'...

Judicial Conference of Missouri honors legislators during annual meeting.
October 3, 2005... Byline: Missouri Lawyers Weekly Staff At an annual ceremony honoring service to Missouri and the state's Judiciary, Supreme Court Chief Justice Michael A. Wolff recognized the efforts of various legislators, judges, court staff and others....

U.S. Court of Appeals for the Eighth Circuit rules arbitration clause enforceable.(CD Partners v. Grizzle, et al.)
October 3, 2005... Byline: Joy Simmons The arbitration clause of a franchise agreement is binding on corporate officers despite their nonsignatory status, ruled the U.S. Court of Appeals for the Eighth Circuit. CD Partners, LLC brought the appeal against...

MIssouri Lawyers In The News:October 3, 2005.(Bruce E. Friedman of Paule, Camazine & Blumenthal honored, John Sandberg and Mavis T. Thompson of Sandberg, Phoenix and von Gontard P.C. awarded)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Bruce E. Friedman, a principal in the Clayton firm of Paule, Camazine & Blumenthal has been listed in the 2006 edition of The Best Lawyers in America. Friedman practices exclusively in the area of...

U.S. Court Of Appeals 8th Circuit Case Summaries: September 3, 2005.(CD Partners v. Grizzle, et al., Chubb v. City of Omaha )
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Arbitration Motion To Compel - Tort Suit - Franchise Agreements Where a corporate plaintiff brought tort claims arising out of a franchise agreement against the principals of another...

MO. Court Of Appeals Eastern District Case Summaries: October 3, 2005.(Dent Wizard of San Francisco, Inc., et al. v. Bunetic, et al., State v. McGowan, State v. Regot)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Attorney's Fees - Injunction Bond - Standing Where a trial court awarded attorney's fees to be paid from an injunction bond posted by the plaintiffs in an injunction action to...

MO. Court Of Appeals Southern District Case Summaries: October 3, 2005.(Haffey v. Generac Portable Products)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Withdrawal Instruction - Refusal - Product Liability Case Where plaintiffs brought a strict product liability claim against the manufacturer of a generator after their building...

MO. Court Of Appeals Western District Case Summaries: October 3, 2005.(Anderson v. American Family Mutual Insurance Company, Moran v. Hubbartt, State v. Young )
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Rule 84.04 - Brief - Inadequate Where the brief of an appellate in an insurance dispute failed to contain a proper jurisdictional statement, statement of facts and points...

U.S. District Court rejects dismissing Amway Corporation case.
October 3, 2005... Byline: John DeMoor Plaintiffs in an anti-trust case against Amway Corporation won an early battle when a federal judge refused to dismiss the case and force it into arbitration. U.S. District Court Judge Richard Dorr's decision on...

Verdicts & Settlements(September 30, 2005): Student killed in accident with tractor-trailer.(Jane Smith v. ABS Trucking and John Doe)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff $5,166,666 Settlement The family of a sixteen-year-old driver who was killed when a tractor-trailer pushed her car into oncoming traffic has settled its wrongful death case against the trucking...

Verdicts & Settlements (October 3, 2005): Doctor wins medical negligence case.(Darlene Day v. Dr. Ralph Boling)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Defense Verdict An Adair County jury returned a verdict in favor of a doctor sued for medical negligence during surgery. The plaintiff alleged a bladder tear and bilateral ureter avulsion with...

Verdicts & Settlements October 3, 2005: Injured man wins $1M settlement from other driver.
October 3, 2005... Byline: Missouri Lawyers Weekly Staff $1 million Settlement A man who was injured in a car accident where another driver failed to obey a stop sign has settled his Caldwell County personal injury case for $1,000,000. Philip...

Verdicts & Settlements October 3, 2005: Injured woman wins fourth legal proceeding.(DeClerk v. Arkansas Insurance Commissioner)
October 3, 2005... Byline: Missouri Lawyers Weekly Staff $473,848 Judgment A judge has granted summary judgment in favor of an Arkansas woman who suffered a spinal cord injury at the Shealy Institute in Springfield, Mo. The Arkansas court decision...

Verdicts & Settlements October 3, 2005: Installer of fireplace wins in house fire suit.
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Defense Verdict A contractor that installed a fireplace in a family's home won a defense verdict against homeowners who alleged the contractor's negligence lead to the loss and damage of their...

Verdicts & Settlements October 3, 2005: Doctor not at fault for elderly man's paralysis.
October 3, 2005... Byline: Missouri Lawyers Weekly Staff Defense Verdict A St. Louis city jury found an admitting doctor not at fault for the paralysis of an 82-year-old man who claimed the doctor failed to diagnose and treat his spinal cord compression...

Rock Port attorney Walter Mulvania is leaving a legal Legacy.
October 3, 2005... Byline: Amanda C. Tinnin Some attorneys look forward to retirement, the days when they can sleep in and enjoy afternoons on the golf course. But not Rock Port Attorney Walter Mulvania. "That just won't do," he said matter of factly....

State senator warns of more tort reform bills.(Christopher Koster)
October 3, 2005... Byline: Donna Walter The Missouri Tort Reform Act took effect at the end of August, but this law is not necessarily the end of tort reform efforts in the state. State Sen. Christopher Koster, R-31st District, speaking to a crowd of...

School law not so elementary.(schools, litigation, education law)
October 3, 2005... Byline: Amanda C. Tinnin Not so long ago, many school districts were mostly concerned with the three Rs: reading, 'riting and 'rithmetic. Today, many learning institutions are finding they have to be aware of 2 more letters: a fourth R for...

Political columnist Edwin Yoder, Jr. to give a talk on "Adventures in Judicial Nonsense".(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Pulitzer prize-winning editorialist, author and political columnist, Edwin Yoder, Jr. will be giving a talk on "Adventures in Judicial Nonsense." Yoder, whose writings have appeared in newspapers...

Missouri Judiciary Web site honored as one of ten best court-related sites.(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff The Missouri Judiciary Web site, www.courts.mo.gov, is one of the 10 best court-related Web sites and a "solid model for state court content," according to Justice Served, an alliance of court...

MO House Speaker appoints Rep. Bryan Pratt as chair of the House Judiciary Committee.(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff House Speaker Rod Jetton appointed Rep. Bryan Pratt as chair of the House Judiciary Committee for the remainder of the 93rd General Assembly. Pratt replaces the late Rep. Richard Byrd who passed away...

Missouri's newest lawyers take the oath of admittance to The Missouri Bar.(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Missouri Bar President Douglas A. Copeland was on hand, along with judges of the Supreme Court of Missouri and members of the Missouri Board of Law Examiners, to welcome hundreds of Missouri's newest...

Communities exposed to toxic lead emissions win important victory in federal court.(Federal Court of Claims)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Communities exposed to toxic lead emissions won an important victory in federal court on Sept. 14. In a case filed by Washington University's Interdisciplinary Environmental Clinic on behalf of Leslie...

MO Lawyers in the News: October 10, 2005.(Berkowitz Oliver Williams Shaw and Eisenbrrandt)(American Health Lawyers Association)(Missouri State Public Defender Commission)(Boggs, Boggs and Bates)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Charlie J. Harris, Jr., a partner with the Kansas City firm of Berkowitz Oliver Williams Shaw & Eisenbrrandt, has been selected to receive the Pat Kelly Distinguished Service Award from the University...

Commentary: Bankruptcy Noire - Life after October 17.(Short Story)
October 10, 2005... Byline: Gary D. Bollinger I. Stan Spade, Debt Relief Agent It was October 17, 2005 and a chill wind was blowing off Lake Michigan into Chicago. I don't know, maybe some of that wind was carrying away the law licenses of a lot of...

Verdicts & Settlements October 10, 2005: Family claims doctor did not provide care.(Noel K. Blevens v. Dr. George W. Holcomb III)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff $1.1 million verdict The family of a seven-year-old girl who died of sepsis and cardiopulmonary arrest has won its medical malpractice case against a Kansas City surgeon. DeLanie Blevens woke...

Legal Services of Eastern Missouri to honor those that support equal access to justice.(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Legal Services of Eastern Missouri (LSEM) will honor individuals and organizations that support equal access to justice at its awards luncheon Oct. 14, at the St. Louis Pavilion Hotel (formerly Marriott...

Verdicts & Settlements October 10, 2005: Hospital not liable for woman who fell out of bed.(Winifred Dolan v. St. Luke's Hospital)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Defense verdict A woman who broke her hip when she fell at a hospital has lost her St. Louis malpractice suit. Winifred Dolan alleged that St. Luke's Hospital was liable for the malpractice of...

Verdicts & Settlements October 10, 2005: Woman claimed financial instructions not followed.(Evelyn Douglas v. Prudential Securities)(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff $350,000 award A woman who lost a substantial portion of the portfolio left by her husband has settled her securities claim for more than $350,000. Evelyn Douglas, 72, lost her husband Jack in...

Verdicts & Settlements October 10, 2005: Father, son injured in car wreck.
October 10, 2005... Byline: Missouri Lawyers Weekly Staff $12,500 settlement A father and son who were injured in an automobile accident have settled their Green County negligence claim against the other driver. On the evening of May 22, 2001,...

Verdicts & Settlements October 10, 2005: Woman claimed man's dog bit her.(Jeroldine M. Byrnes v. Wayne Holt)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Defense verdict A home health care provider who lived in the basement apartment of her patient has lost her Caldwell County personal injury case. She claimed she was attacked by the patient's dog....

United States Court of Appeals Eighth Circuit Case Summaries: October 10, 2005.(Young America Corporation v. Affiliated Computer Services)(Hunt v. Metropolitan Life Insurance Company)(Kasper v. Federated Mutual Insurance Company)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Standing - Imminent Injury - Audit Where plaintiff filed for declaratory and injunctive relief to prevent an audit of its business records by defendant, the plaintiff did not...

U.S. Bankruptcy Court- App. Panel Case Summaries: October 10, 2005.(Hollingsworth v. Kaler)(Martens v. Countrywide Home Loans)(Brief Article)
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Bankruptcy Unsecured Claims - Timeliness - Section 726(a)(3) Even though a creditor filed its unsecured claims late, the creditor was entitled to distribution from the debtor's estate after...

Missouri Court of Appeals Eastern District Case Summaries: October 10, 2005.(Hussmann Corporation v. UQM Electronics, Inc. )(State v. Nelson )(Sexual Misconduct - 'Affront or Alarm' - Evidence )
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Conditional Dismissal - 'Stipulation' - Rule 67.02(a) Where a trial court dismissed with prejudice a petition filed by a plaintiff for claims including breach of contract on the...

Missouri Court of Appeals Southern District Case Summaries: October 10, 2005.
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Set Aside Judgment - Notice - Lack Of Where counsel for the defendant in a civil case alleged in a post-judgment motion that he did not receive a copy of the plaintiff's second...

Missouri Court of Appeals Western District Case Summaries: October 10, 2005.
October 10, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Voluntary Dismissal - Partial Summary Judgment - Jurisdiction Where a trial court granted partial summary judgment against a party in a civil case after the party voluntarily...

Breakdown of Missouri's new advertising rules for lawyers.
October 10, 2005... Byline: John DeMoor Lawyers advertising in Missouri will now have to warn consumers against relying upon the advertisements when it comes to choosing an attorney, ruled the Missouri Supreme Court in late September when it adopted new...

"Telejustice" uses two-way interactive video for conducting judicial/quasi-judicial proceedings.
October 10, 2005... Byline: Amanda C. Tinnin Video conferencing is nothing new to the business world. Two or more people, hundreds of miles apart, use technology to interact visually. The technology is beginning to adapt, however, as a way for law firms to...

American Academy of Matrimonial Lawyers drafts 'Model Parenting Plan'.
October 10, 2005... Byline: Amanda C. Tinnin The breakup of a marriage can create a tense situation to say the least, especially when divorce also involves custody issues. Although many states already have guidelines for a parenting plan, the American Academy...

Missouri Court of Appeals for the Western District rules voluntary dismissal was valid.(State ex rel. Fortner v. Rolf)
October 10, 2005... Byline: Joy Simmons The Missouri Court of Appeals for the Western District ruled a trial court lost jurisdiction to grant partial summary judgment following the filing of voluntary dismissal under Rule 67.02. At issue in the case was...

Missouri Court of Appeals Eastern District Case Summaries: October 17, 2005.(Danzig v. Billings)(Burky v. Stephan)(State v. Edwards )
October 17, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Judgment - Lack Of Writing - Finality Where a party in a civil case appealed from an order denying his motion for a default judgment, the party provided no judgment that...

Missouri Court of Appeals Southern District Case Summaries: October 17, 2005.(State v. Sanchez)(Taylor v. State)(Compton v. State )
October 17, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Sentencing - Kidnapping - Separate Offenses Where a criminal defendant held his girlfriend and baby at gunpoint, his conviction for two counts of kidnapping did not violate double...

Woman's law school debt underminded her mental health.(Reynolds v. Pennsylvania Higher Education Assistance Agency)
October 17, 2005... Byline: Geri L. Dreiling Where a woman's law school debt undermined her already fragile mental health, it was an undue hardship to deny her a discharge of the student loans in bankruptcy, the U.S. Eighth Circuit Court of Appeals ruled in a...

Verdicts & Settlements October 17, 2005: Worker injured when head touched power line.(Patrick J. Lowery v. Aquila Inc.)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff $2.5 million settlement A man who was injured at work when he came into contact with a power line has settled his Jackson County personal injury case against the energy company. Patrick J....

Verdict & Settlements October 17, 2005: Man died suddenly of heart attack.(Rotterman v. Young )(medical malpractice )
October 17, 2005... Byline: Missouri Lawyers Weekly Staff $1 million verdict The family of a man who suddenly died of a heart attack has won its medical malpractice case against the doctor they alleged failed to report abnormal EKG results. Decedent...

Verdicts & Settlements October 17, 2005: Woman develops infection after appendix ruptures.(Sheri Milburn v. Dr. Robert Betz and Freeman Health Systems)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff $326,000 verdict A woman who alleged her doctor's negligence led to serious infection has won her Jasper County medical malpractice case. On Nov. 25, 2001, Sheri Milburn presented to the...

Verdict & Settlements October 17, 2005: Man blames car accident for right knee injury.
October 17, 2005... Byline: Missouri Lawyers Weekly Staff $35,000 verdict A man who was injured in an automobile accident received a jury verdict of $35,000. His last demand from the defendant was $300,000. On April 19, 2003, Zane Wehner was stopped...

Verdicts & Settlements October 17, 2005: Two men claim wrongful arrest, battery.(Daryl Hendrickson and Jeff Tallent v. Ebker and Oller)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff $1,000 verdict A jury has split its verdict on civil rights and battery claims brought against two police officers. Daryl Hendrickson and Jeff Tallent brought claims against Glenn Ebker and...

Does the Grokster decision make life even more difficult for search engine keyword advertisers?(Metro-Goldwyn-Mayer Studios v. Grokster)
October 17, 2005... Byline: Julie J. McMurry and Jason P. Kelly With billions of documents online and more and more American households with high-speed Internet access, the internet has become our society's primary stronghold of information. The gatekeepers of...

Patent trolls: advertising businesses in a patent assertion climate.
October 17, 2005... Byline: Jennifer Hoekel Problem: Your client receives a cease and desist letter or a letter offering a patent license from an entity that the business has never heard of. The letter offers a license and freedom from suit for either a small...

ACLU of Eastern MO names Burt Newman Co-General Counsel.(American Civil Liberties Union )(Missouri )(Brief Article)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff The American Civil Liberties Union of Eastern Missouri has named Burt Newman one of three General Counsels. Newman was appointed by ACLU Chapter President Ray Hartmann to serve along with Mary Nelson,...

Mo. judiciary offering help to hurricane victims.(Hurricane Katrina, Hurricane Rita)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff In the wake of devastating hurricane damage on the Gulf Coast, employees of the Supreme Court of Missouri and its administrative arm, the Office of State Courts Administrator, raised $3,300 for the...

Missouri Bar selects first LRAP recipients.(Loan Repayment Assistance Program )(Brief Article)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff The Missouri Bar Loan Repayment Assistance Program (LRAP) has selected 10 lawyers to receive the first forgivable loans awarded under the program. Each recipient, selected in this first round of awards,...

Associate circuit court judge panel selected.
October 17, 2005... Byline: Missouri Lawyers Weekly Staff The Twenty-First Judicial Commission announced the panel of three nominees to be submitted to Governor Matt Blunt to fill the vacancy on the Twenty-First Associate Circuit Court created by the...

Missouri Lawyers In the News: October 27, 2005.(Boggs, Boggs & Bates donates for hurricane victims)(lawyers from Sandberg, Phoenix & von Gontard selected for awards)(ranking given to Lathrop & Gage )
October 17, 2005... Byline: Missouri Lawyers Weekly Staff Boggs, Boggs & Bates recently coordinated a donation to the Hurricane victims currently at the Alton Mental Health Center in Illinois. The donation included 1,000 sweatshirts, 1,200 polo shirts, 1,200...

United States Court of Appeals Eighth Circuit Case Summaries: Oct. 17, 2005.(employer wronfully expelled from pension fund)(bankruptcy court discharges a student loans )(employment discrimination)
October 17, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Remand Order - Collateral Order Doctrine - ERISA Case Where plaintiffs claimed an employer was wrongfully expelled from a pension fund, the appeal of an order remanding to an...

Missouri court rules state had right to request support modification.(Baldwin v. Baldwin )
October 17, 2005... Byline: John DeMoor The state family support division had the right to intervene on behalf of a mother who requested a modification of a child support order under Section 454.400.2 even though the parents were not public assistance...

Online pharmacies new vehicle for old legal issues.
October 17, 2005... Byline: Amanda C. Tinnin Discount prescription drugs fast! No doctor needed! It's not hard to find a statement like this. Check you email inbox. With a variety of medications readily available on the Internet, defense lawyers for the...

Dolan Media names president and publisher of its Missouri operations.
October 17, 2005... Byline: Missouri Lawyers Weekly Staff Veteran law journalist and publishing executive S. Richard Gard Jr. has been named president and publisher of Dolan Media Company's newly consolidated Missouri publishing operations, including Missouri...

MO Supreme Court Case Summaries: October 24, 2005.(Missouri)(sexual abuse case)(adoption law)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Appellate Practice Late Notice Of Appeal - Special Order - Authorized After- Trial Motion Where an appellant filed a motion for a special order to file a late notice of appeal under Rule...

MO Court of Appeals Eastern District Case Summaries: October 24, 2005.(Missouri)(case regarding breach of contract, negligence, and breach of fiduciary duty)(case regarding marital property)(case regarding driving while intoxicated)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Collateral Estoppel - Insurance Contract Where a corporate insured sued an insurance broker for breach of contract, negligence, and breach of fiduciary duty, the trial court...

MO Court Of Appeals Southern District Case Summaries: October 24, 2005.(Phillips v. State)(Bacon v. Uhl )(Brief Article)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Postconviction Relief - DNA Testing - Denial Where a murder defendant filed a post-conviction motion for DNA testing, the defendant did not show that identity was an issue in the...

MO Court Of Appeals Western District Case Summaries: October 24, 2005.(Missouri)(case regarding criminal law)(case regarding domestic relations)(case regarding workers compensation)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Rule 29.15 - Findings - Failure To Make Where a motion court in a criminal case failed to make findings of fact and conclusion of law as required by Rule 29.15(j), the judgment...

Defective design of seat rail blamed in plane crash.
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Confidential settlement The family of a student pilot who was killed in a crash has settled its products liability case for a confidential amount. On Feb. 21, 2001, Allan McCarthy, 55, and his...

Verdicts & Settlements October 24, 2005: Woman claims head, neck injuries.
October 24, 2005... Byline: Missouri Lawyers Weekly Staff $45,000 settlement A woman who claimed she was injured after being rear-ended by a tractor trailer has settled her Howell County negligence case against the driver. On the afternoon of Sept....

Verdicts & Settlements October 24, 2005: Woman disfigured when car rolls.
October 24, 2005... Byline: Missouri Lawyers Weekly Staff $900,000 settlement A passenger who claimed the driver of a car she was in was intoxicated has settled her St. Louis personal injury case. The case arises out of an automobile accident which...

ShowMeCourts.org - New Resource for Missourians.(Brief Article)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff The Missouri Bar has launched a new website called ShowMeCourts.org. The website is a resource for lawyers, reporters and members of the public who want to understand more about the what, where, why...

Local legal story featured in national anthology.
October 24, 2005... Byline: Missouri Lawyers Weekly Staff A recently released anthology of the best-alternative press stories from around the country includes an article about St. Louis girls in the juvenile justice system. The article, which first appeared in...

Meeting in Baltimore to cover DNA evidence, witness intimidation.(Brief Article)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff DNA evidence is proving to be monumental in criminal case after criminal case, leading to the conviction of some - and the freeing of others, sometimes after they have spent years in jail. And what can...

Conference in Baltimore to discuss commercial innovation legal issues.(Brief Article)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Washington University School of Law will hold a conference called "Commercializing Innovation" from Nov. 4-5. The conference addresses the problem occurring when various forms of innovation are...

K.C. Bar honors Welch with Liberty & Justice Award.(Kansas City Metropolitan Bar )(Robert Welch )(Brief Article)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Robert (Bob) Welch of Independence, Mo., is the recipient of the Kansas City Metropolitan Bar Foundation's 2005 Liberty and Justice Legacy Award. The award is given in recognition of the recipient's...

U.S. District Court, Eastern District juvenile officer's actions unconstitutional.(Heartland Community Church v. Waddle)
October 24, 2005... Byline: Joy Simmons The Eighth Circuit Court of Appeals ruled Oct. 14 that a juvenile officer violated a boarding school's constitutional rights when he removed children from the school and in doing so removed other children not included...

Commentary: Self-Directed IRA.(individual retirement accounts)
October 24, 2005... Byline: Scott DeVouton This article is intended to give a broader view of issues involved with investor use of "self-directed" IRA retirement investment accounts. In the Self-Directed IRA strategy, an IRA is used to invest in private real...

Missouri to launch new sentencing tool to assist judiciary.
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Missouri will launch a new pre-sentence investigation format Nov. 1 that will provide judges with information for making effective sentencing decisions. The Missouri Sentencing Advisory Commission...

The Family Rainbow.
October 24, 2005... Byline: Amanda C. Tinnin Ralph Waldo Emerson said, "Children are all foreigners." So should it matter when an American family adopts a foreign child? Not at all, according to St. Louis attorney John Medler. Medler and his wife Tammy...

Mo. Supreme Court okays simultaneous cases for foster kids.(State ex rel. David Womack v. Rolf)
October 24, 2005... Byline: Geri L. Dreiling A decision from the Missouri Supreme Court could shorten the time foster children spend in legal limbo. That's because adoption proceedings and parental termination actions pending before the same judge can...

Class Action Fairness Act slow to impact court system.
October 24, 2005... Byline: Correy E. Stephenson Six months after the passage of the Class Action Fairness Act, the legislation, touted as significant tort reform that would decrease class abuses, has had little impact on the court system. The act, which...

Missouri Bar's Economic Survey shows lawyers' incomes higher.
October 24, 2005... Byline: John DeMoor The growth of Missouri's legal profession continues to thrive based on an economic survey showing a 6.8 percent increase in net income for lawyers throughout the state and plans by almost half the firms to hire...

United States Court of Appeals Eighth Circuit Case Summaries October 24, 2005.(Grovatt v. St. Jude Medical Inc.)(Heartland Academy Community Church v. Waddle)(Nunley v. Department of Justice)
October 24, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Class Action - Certification - Conflicts-of-Law Where a district court certified a consumer protection class and a medical monitoring class in a class action involving a recalled...

U.S. Court Of Appeals 8th Circuit Case Summaries: October 31, 2005.
October 31, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Declaratory Judgment Action - Jurisdiction - Parallel Proceedings Where a defendant was sued in state court after an explosion at its facility and the defendant's insurer filed a...

MO Court Of Appeals Eastern District case Summaries: October 31, 2005.
October 31, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Remanded Judgment - Overbroad - Fraudulent Transfer Where the appellate court found in favor of a plaintiff in a fraudulent transfer case and remanded to the trial court for an...

MO Court Of Appeals Southern District Case Summaries: October 31, 2005.
October 31, 2005... Byline: Missouri Lawyers Weekly Staff Criminal Law Conflict Of Interest - Waiver - Detainers Law Where a counsel for a criminal defendant had a conflict of interest because she had represented a co-defendant who became a witness...

MO Court Of Appeals Western District Case Summaries: October 31, 2005.
October 31, 2005... Byline: Missouri Lawyers Weekly Staff Civil Practice Declaratory Relief - Counterclaim - Failure To State Claim Where a plaintiff brought a breach of contract claim in a dispute over stock prices and defendant corporation brought a...