Missouri Lawyers Weekly articles from September 2004

Missouri Lawyers Weekly archives from September 2004

Missouri Lawyers In The News: September 6, 2004.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Joyce Blades, Chair of the Missouri State Public Defender Commission, announced that the Commission will present the 2004 Defender of Distinction Award to Antonio M. Manansala, the District Defender for...

St. Louis Defense Attorney Notches Victory In First Jury Trial.
September 6, 2004... Byline: Anne C. Vitale As he scored a defense win in an auto accident case, a young St. Louis attorney was also able to conquer his nerves in the first jury trial of his career. Patrick L. Mickey convinced a St. Louis County jury to...

Minneapolis-based Dolan Media Acquires Lawyers Weekly Papers And Web Sites.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Dolan Media Company has acquired the 14 newspapers and associated Web sites of Lawyers Weekly, Inc., the parent company of Missouri Lawyers Weekly. The transaction was announced Sept. 1 by James P....

U.S. Circuit Court of Appeals Approves Arbitrator's $6 Million Punitive Award.
September 6, 2004... Byline: Anne C. Vitale A couple who claimed harassment by their mortgage company after they defaulted on a loan were entitled to $6 million in punitive damages awarded by an arbitrator in their Fair Debt Collection Practices Act case, the...

Missouri Supreme Court Issues New File Retention Rule.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff On Aug. 24, the Missouri Supreme Court issued a new rule on client file retention. The following provision, entitled "Safekeeping Property," was added to Rule 4 of the Missouri Rules of Professional...

Donald Norris Appointed To Missouri Bench.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Gov. Bob Holden announced Aug. 30 that he has appointed Donald Norris of Liberty as an associate circuit judge for the 7th judicial circuit in Clay County. Norris' appointment fills the vacancy created...

Missouri Court of Appeals Case Summaries: September 6, 2004.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Cocaine Transaction - Evidence - Undercover Officer Where a criminal defendant was convicted of selling cocaine after a transaction witnessed by an undercover officer, the evidence...

Missouri Court of Appeals Case Summaries: September 6, 2004.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Attorneys Legal Malpractice - Criminal Defense Attorneys - Jurisdiction Where a trial court sent a letter to a criminal defendant on probation advising him that a revocation hearing had been...

Defense Attorney Notches Victory In First Jury Trial In St. Louis County.
September 6, 2004... Byline: Anne C. Vitale As he scored a defense win in an auto accident case, a young St. Louis attorney was also able to conquer his nerves in the first jury trial of his career. Patrick L. Mickey convinced a St. Louis County jury to...

Verdicts and Settlements September 6, 2004: City Employee Gets $53,300 In Discrimination Suit.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff An employee of the City of Brentwood who was fired after complaining about racial discrimination sued for retaliation. John Carron, who is of Japanese an-cestry, began working as an assistant...

Verdicts and Settlements September 6, 2004: Mo. jury awards $375K to woman injured in auto crash.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff A 76-year-old woman injured in a car accident sued the other driver, his parents and his employer. In January 2001, Mrs. Rapp's car was broadsided at a four-way intersection in Independence, Mo....

Verdicts and Settlements September 6, 2004: Mo. jury delivers defense verdict in med-mal case.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff The mother and four minor sons of a 34-year-old man sued his family doctor for medical malpractice, claiming he failed to diagnose vitamin B-12 deficiency. In December 1999 Sedrick Thomas went to...

Verdicts and Settlements September 6, 2004: Mo. rules for defense in med-mal case.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff A man who claimed he suffered a spinal cord infarction during back surgery sued for medical malpractice. On Oct. 16, 2000, Dr. Parley Madsen performed lumbar decompression sur-gery on David...

Missouri Bar Announces Annual Meeting.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Registration is in full swing to attend The Missouri Bar/Missouri Judicial Conference -- the state's premiere gathering of lawyers and judges scheduled Sept. 29 -- Oct. 1 at the Renaissance Grand Hotel...

Missouri Court of Appeals Case Summaries: September 6, 2004.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Medicare Benefits - Denial - Property Ownership Where an applicant for Medicare benefits owned rural property on which he and his son both lived in separate houses owned by the...

U.S. Court Of Appeals Eighth Circuit Case Summaries: September 6, 2004.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Agency Employee - Termination - Farming Programs Where a state agriculture agency terminated a program technician following a report that showed program irregularities and...

Verdicts and Settlements September 6, 2004: Mo. jury awards man hit by truck $7.6M.
September 6, 2004... Byline: Missouri Lawyers Weekly Staff A man who was hit by a delivery truck as he crossed the street on a scooter sued the truck driver and his employer for negligence. On Aug. 5, 2001, Robert Burrell, 44, was riding a battery-operated...

Mo. Lawyers, Doctors Team Up Over 'Experimental' Care.
September 6, 2004... Byline: Geri L. Dreiling Teamwork between lawyers and doctors was the prescription for victory in a woman's battle with her HMO over "experimental" treatment. Karen Moses of Kansas City needed a gastric "pacemaker" after her body...

Missouri Supreme Court Rules Sunshine Lawsuit Can Proceed.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Repealing a local ordinance does not make moot a legal challenge of it under Missouri's open records and meetings law, the state Supreme Court ruled Sept. 7, according to an Associated Press report. ...

Missouri Supreme Court Nominees.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Ronnie L. White, Chief Justice of the Missouri Supreme Court and chair of the Appellate Judicial Commission, announced Sept. 3 that the Commission has submitted to Gov. Bob Holden its panel of nominees...

Missouri Lawyers In The News: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Sandberg, Phoenix & von Gontard in St. Louis announced that Bhavik Patel has joined the firm's business practice group as an associate, where he concentrates his practice in tax and estate planning. In...

U.S. Circuit Court of Appeals Web Site Names Were Violation Of Federal Law.
September 13, 2004... Byline: Anne C. Vitale A man who sought to trick people into visiting his anti-abortion Web sites by using domain names that were "confusingly similar" to the trademarks of prominent companies violated the federal Anticybersquatting...

Heat Death In Missouri Group Home Leads To $500K Settlement.
September 13, 2004... Byline: Anne C. Vitale Relatives of a woman who died of heat exposure in a group home have settled their Jackson County case for $500,000. A malfunctioning boiler at Benton House in Kansas City caused temperatures to spike to over 120...

Missouri Bar Announces President's Award Recipients.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff The Missouri Bar announced that seven lawyers have been chosen to receive the organization's annual President's Awards. The awards, which honor "meritorious service" to The Missouri Bar, will be...

Missouri Court of Appeals Eighth Circuit Case Summaries: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Domestic Relations Child Custody - Statutory Factors - Written Findings Where the trial court in a dissolution case failed to include written findings detailing the statutory factors supporting...

Missouri Court of Appeals Case Summaries: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Nursing Homes - Development Proposal - Certificate Of Need Where a nursing home sought to add 12 beds to its facility and requested a non-applicability certificate of need...

4-YVerdicts and Settlements September 13, 2004: Fatal hit-and-run suit leads to $1M settlement.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff The parents of a 4-year-old boy who was killed by a hit-and-run driver sued for wrongful death. On Aug. 13, 2003, Jacob Dennis was selling fruit snacks in his front yard with some neighborhood...

Verdicts and Settlements September 13, 2004: Elderly Man Driving With Revoked License Gets $3M.
September 13, 2004... Byline: Aaron Brown A 69-year-old man who was paralyzed in an automobile accident has settled his Jackson County case for $3 million -- even though he was driving with a revoked license and had serious pre-existing health problems. ...

Missouri Supreme Court Case Summaries: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Real Property Zoning Ordinance - Enforcement - Mootness Where a city repealed an ordinance that had been passed allowing a landowner to have its property reclassified for possible development,...

U.S. Court Of Appeals Eighth Circuit Case Summaries: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Medicare Reimbursement - Hospital Expenses - Denial Where a hospital sought payment under a Medicare reimbursement program for the treatment of poor patients, an interpretation...

Verdicts and Settlements September 13, 2004: Mo. jury awards tree trimmer $175K for fall.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff A man who fell while trimming trees sued the property owner for his injuries. Dudley Bragdon was the sole shareholder of Copper Exchange Co., which was in the business of purchasing and rehabbing...

Verdicts and Settlements September 13, 2004: Mo. group home settles for $500K in negligence suit.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff The family of a woman who died of heat exposure in a group home made a claim for negligence. Augustine Montgomery Sr., 49, was a mentally disabled resident of Benton House, a group residential care...

U.S. Court of Appeals Rules Workers Fired Decades Ago Can Sue Over Their Pensions.
September 13, 2004... Byline: Kenneth C. Jones Female workers who were fired over four decades ago pursuant to their employer's discriminatory marriage and pregnancy policies can sue now for lost pension benefits, the 8th U.S. Circuit Court of Appeals has ruled...

Missouri Court of Appeals Case Summaries: September 13, 2004.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Rule 24.035 - Presentence Report - Guilty Plea Even though a criminal defendant's trial counsel did not request a presentence investigation report following defendant's guilty...

Verdicts and Settlements September 13, 2004: Trucking co. settles for $9.5M in wrongful death suit.
September 13, 2004... Byline: Missouri Lawyers Weekly Staff The mother of a 21-year-old and a 17-year-old who were killed in a construction zone accident sued for wrong-ful death. On June 30, 2002, the two siblings were stopped in a construction zone on...

Missouri's Women Lawyers' Association Announces Awards Banquet.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff The Women Lawyers' Association of Greater St. Louis announced that it will kick off its 29th year with a banquet at the Norman K. Probstein Clubhouse in Forest Park on Sept. 21. During the event,...

Missouri Lawyers In The News: September 20, 2004.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff Lathrop & Gage LC announced the addition of three attorneys to the firm's St. Louis office. Peter Maginot joins the firm as of counsel and Amy Bender-Levy and Robert Marcus join as associates. All...

Missouri Court of Appeals Disallows Stacking Of Two UIM Auto Policies.
September 20, 2004... Byline: Kenneth C. Jones Underinsured motorist coverage in two separate auto policies could not be stacked after a woman died in a car accident, the Missouri Court of Appeals' Western District has ruled in a case of first impression. ...

Premises Liability Trial Results In Missouri Defense Verdict.
September 20, 2004... Byline: Ann Corrigan Great Arguments is a new Missouri Lawyers Weekly feature that will examine how closing arguments played a significant role in obtaining a favorable verdict for an attorney. St. Louis attorney William F. James is...

Missouri Court of Appeals Case Summaries: September 20, 2004.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Order Of Protection - Second Renewal - Jurisdiction Where a trial court denied a woman's motion for a renewal of an order of protection on the basis that it was her second...

Missouri Court of Appeals Case Summaries: September 20, 2004.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Standing - Res Judicata - Collateral Estoppel Where a trial court dismissed a claim brought by a husband who alleged his ex-wife had converted funds while working as his office...

Verdicts and Settlements September 20, 2004: Daycare negligence prompts $500K settlement.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff The parents of an infant who died at day care sued for negligence. Kim Hausman of Gladstone, Mo., provided day care in her home to 4-month-old Emma Nedblake. On May 13, 2004, Hausman put Emma in a...

Verdicts and Settlements September 20, 2004: Mo. jury delivers defense verdict in med-mal suit.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff The family of a woman who died of an aortic dissection after an emergency room visit sued for medical malpractice. Charlene Hardin, 65, was at a family gathering on June 23, 2002. At about 2:30...

Verdicts and Settlements September 20, 2004: St. Louis eminent domain suit results in $1M settlement.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff $1 Million Settlement The owners of nearly 30 of the "Lindell Mansions" along Forest Park in St. Louis filed exceptions to a commissioners' award in a condemnation case. The Bi-State De-velopment...

Missouri Bar Favors Retaining Judges.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff All 44 judges who must face a retention vote in the Nov. 2 general election should be retained in office, according to Missouri attorneys. Lawyers gave the judges an average approval rating of 86...

Missouri Court of Appeals Rules Contractor Injured By 'Playful' Dog Can Sue.
September 20, 2004... Byline: Anne C. Vitale A contractor who was injured when he stepped on a homeowner's dog while climbing down a ladder could sue for negligence, the Missouri Court of Appeals' Eastern District has ruled. This was because a "dangerous...

Missouri Court of Appeals Case Summaries: September 20, 2004.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff Contract Quantum Meruit - Unjust Enrichment - Lack Of Benefit Where a business venture involving the mining of limestone fell through when the leaseholders of the land and the business venture...

U.S. Court Of Appeals Eighth Circuit Case Summaries: September 20, 2004.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff Banks and Banking Loan Application - ECOA - Notice Where an applicant for a bank loan brought claims under the Equal Credit Opportunity Act when her loan was denied after a pre-approval...

Verdicts and Settlements September 20, 2004: Mo. jury rules for defense in negligence suit.
September 20, 2004... Byline: Missouri Lawyers Weekly Staff A police dispatcher who stepped into an opening in a sub-floor created by a telephone technician sued Sprint for negligence. On March 4, 1997, Bobbie Ratcliff was at the Truman State Office...

Missouri Residential Care Facility Pays $1M Death Settlement.
September 20, 2004... Byline: Anne C. Vitale The children of an 80-year-old man who died after wandering away from a residential care facility have settled their Jackson County negligence case for $1 million. Despite a recent diagnosis of dementia, Robert...

Missouri appeals court judge Mary Rhodes Russell named to Supreme Court.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff State appeals court judge Mary Rhodes Russell was appointed Sept. 20 by Gov. Bob Holden to fill a vacancy on the Missouri Supreme Court, the Associated Press reports. Russell, 46, of Kirkwood, was...

Missouri Lawyers In The News: September 27, 2004.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff John P. McNearney, a partner in the St. Louis office of Blackwell Sanders Peper Martin, has been appointed to chair the American Bar Association's Real Property Section "Workout, Foreclosures and...

Missouri Court of Appeals rules man can't escape divorce court.
September 27, 2004... Byline: Kenneth C. Jones A husband could not escape divorce court jurisdiction by claiming that a prior common law marriage made his current marriage invalid, the Missouri Court of Appeals' Western District has ruled. He argued that...

Missouri Court of Appeals Rules Attorneys Did Not Commit Abuse Of Process.
September 27, 2004... Byline: Kenneth C. Jones Lawyers who asked questions in discovery knowing that the responses could also be used in related litigation did not commit abuse of process, the Missouri Court of Appeals' Eastern District has ruled. This was...

Legal Services of Eastern Missouri to hold awards luncheon on Oct. 8.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff Legal Services of Eastern Missouri announced that it will honor "individuals and organizations that support equal access to justice" at its awards luncheon on Oct. 8 at the Marriott Pavilion Hotel in...

Missouri Bar Seeks Funding For Loan Payback Program.
September 27, 2004... Byline: Anne C. Vitale The Missouri Bar is optimistic about obtaining full funding for a program that helps young lawyers in public service jobs pay back student loans, according to president William M. Corrigan Jr. Just a few days...

Missouri Court of Appeals Southern District Case Summaries: September 27, 2004.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff Criminal Law Voir Dire - Death Penalty Views - Witness (1) Where two venirepersons gave equivocal responses to questions regarding their ability to impose the death penalty in a capital murder...

United States Court of Appeals Eighth Circuit Case Summaries: September 27, 2004.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff Arbitration Award - Confirmation - 'Hot Cargo' Defense Where the district court confirmed an arbitration award entered in a labor case, the award might enforce an illegal hot cargo agreement,...

Verdicts and Settlements September 27, 2004: Mo. jury awards subcontractor $136K.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff A subcontractor that claimed it was not fully paid for its work on an IHOP restaurant sought to recover its losses in arbitration. McBride & Son Contracting Co. was hired by John Vratsinas...

Verdicts and Settlements September 27, 2004: Fatal surgery leads to $725K settlement.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff $725,000 Settlement The adult son of a 63-year-old woman who died after elective hernia surgery sued for malpractice. Jolene Heaton had been treated for cirrhosis of the liver since 1992. Between...

Verdicts and Settlements September 27, 2004: Mo. jury rules for defendant in product liability suit.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff The manufacturer of a propane canister was sued after one man died and another allegedly suffered brain damage from carbon monoxide poisoning. Richard Jone, 38, and his 31-year-old nephew, Caryieng...

Eastern Missouri Court of Appeals Case Summaries: September 27, 2004.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff Administrative Prevailing Wage - Apprentice Hours - Rulemaking Where the Labor and Industrial Relations Commission excluded hours worked by apprentices in determining the prevailing wage for...

Missouri Court of Appeals Case Summaries: September 27, 2004.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff Civil Practice Rule 74.05(d) - Default Judgment - Lack Of Where the defendants in a contract action filed an answer but failed to appear at trial and the trial court entered a judgment in...

Verdicts and Settlements September 27, 2004: Mo. jury awards $8.6M to food store owner.
September 27, 2004... Byline: Missouri Lawyers Weekly Staff The owner of a snack food company sued its exclusive distributor, contending that it refused to market its products outside the Kansas City area. Heartland Snacks was the owner of the Guy's brand...

Bank Settles Vexatious Refusal Suit For $1.75M.
September 27, 2004... Byline: Aaron Brown A bank that suffered $1.1 million in embezzlement losses has settled its Dunklin County vexatious refusal case against its fidelity bond insurer for $1.75 million. St. Paul Mercury Insurance Company initially denied...