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Missouri Court of Appeals Eastern District Case Summaries: September 5, 2005.(Reay v. Philips)(State v. Ballard)(Batka v. Batka )
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Civil Practice
Mootness - Order Of Protection - Expiration
Where a party appealed the entry against him of a full order of protection, the order expired during the pendency of the appeal so the...
United States Court of Appeals Eighth Circuit Case Summaries: September 5, 2005.(Watson, et al. v. Philip Morris Companies Inc.)(Blair v. Wills)(Russell v. Hennepin County)
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Civil Practice
Class Action - Removal - Government Control
Where plaintiffs filed a class action in state court claiming the defendant cigarette company violated the state Deceptive Trade...
Missouri Court of Appeals Southern District Case Summaries: September 5, 2005.(Hillhouse, et al. v. Creedon)(Walker v. City of Springfield)(State v. Griffin )
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Appellate Practice
Injunction - Lack Of Specificity - Finality Of Judgment
Where a trial court sustained a party's request for a permanent injunction in a trespass case but did not give...
Missouri Court of Appeals Western District Case Summaries: September 5, 2005.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Civil Practice
Statute Of Limitations - Pension Cases - Repudiation Exception
Where retired school bus drivers sued the school district and the district's non-teacher retirement plan seeking an...
MO Lawyers in the News: September 5, 2005.(Missouri)(appointments)
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
St. Louis Area
Murphy Wasinger, is proud to an-nounce that David Wasinger, its managing partner, has been selected for inclusion in the 2006 edition of the Best Lawyers in America.
***
...
St. Louis County Judicial Commission accepts applications for associate circuit judge.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
The St. Louis County Judicial Commission (Twenty-First Circuit) is accepting applications for the position of associate circuit judge. The vacancy to be filled was created by the appointment of Judge...
Washington University again hosts the Public Interest Law Speakers Series.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
The eighth annual, year-long, Public Interest Law Speakers Series, "Access to Justice: The Social Responsibility of Lawyers," brings to Washington University nationally and internationally prominent...
Karen Plax selected as the 2005 Missouri Bar Family Law Section "Practitioner of the Year".
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Karen Plax has been selected as the 2005 Missouri Bar Family Law Section "Practitioner of the Year." The Family Law Section annually recognizes one lawyer for excellence, skill, commitment, and...
Texas Vioxx verdict may spur charges in defense trial strategy.
September 5, 2005... Byline: Nora Lockwood Tooher
(This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.)
On Aug. 19 a jury in Angleton, Texas found Merck & Co. liable and ordered the company to pay $253.5 million...
Billboard companies win $13M verdict against Viacom in federal court.
September 5, 2005... Byline: Anne C. Vitale
Two Kansas City-area billboard companies, and one based in Connecticut, have been awarded over $13 million in their federal lawsuit against Viacom Outdoor, Inc. and two of its executives. The plaintiffs asserted...
St. Louis City Circuit Clerk's offices flooded with tort filings as reform deadline closed.
September 5, 2005... Byline: Amanda C. Tinnin
The phones have been unplugged and removed from the desks in the St. Louis City Circuit Clerk's office. Now the staff does not have to worry about answering calls and had more space available to stack some of the...
Early fact finding helps get dismissed case before Southern District Court of Appeals.(Moore v. Missouri Highway & Transportation Commission, MLW No. 52634)
September 5, 2005... Byline: Geri L. Dreiling
It is well-settled in Missouri that to sue the Highway and Transportation Commission, a plaintiff's lawyer must first get past sovereign immunity.
One way to do that is to carve out a claim under the...
Missouri Court of Appeals' Western District adopts repudiation exception in pension cases.
September 5, 2005... Byline: Joy Simmons
Claims brought by retired school bus drivers seeking full credit and payment of their retirement benefits for pre-1990 services are not time-barred the Missouri Court of Appeals' Western District held last week.
...
Verdicts & Settlements September 5, 2005: Woman suffers brain injury in collision with tractor.(Brief Article)
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
$1.8 million settlement
A 21-year-old woman who suffered a serious brain injury after a collision with a farm tractor has settled her Boone County case for $1,800,000, including $25,000 that the...
Verdicts & Settlements September 5, 2005: Plaintiff wins $750k for breach of contract claim.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
$766,500 verdict
A federal jury awarded $750,000 in a breach of contract claim against a manufacturer of packaging equipment. The case was filed in U.S. District Court for the Eastern District of...
Verdicts & Settlements September 5, 2005: Plaintiff takes settlement in nursing home claim.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
$575,000 settlement
A Joplin, Mo., nursing home and doctor will pay $575,000 for the death of a 90-year-old nursing home resident who died from septicemia because of septic shock as consequence of...
Verdicts & Settlements September 5, 2005: Man injured in fall while delivering microwaves.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
$450,000 settlement
A man injured when delivering microwave ovens to an apartment complex has settled his Greene County personal injury case with the companies constructing the buildings.
The...
Verdicts & Settlements September 5, 2005: Doctors not at fault in woman's death.
September 5, 2005... Byline: Missouri Lawyers Weekly Staff
Defendants' verdict
A jury has ruled that two of the doctors involved in a woman's death were not at fault. The woman's son settled with a third doctor and the hospital where she was treated.
...
MO. Court Of Appeals Eastern District Case Summaries: September 12, 2005.(Missouri)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
Domestic Relations
Default Judgment - Timeliness - Jurisdiction
Where a trial court set aside a default judgment more than 90 days after the husband in a dissolution case filed the motion to...
MO. Court of Appeals Southern District Case Summaries: September 12, 2005.(Missouri)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
Criminal Law
Rule 84.04 - Brief - Inadequate
Where a criminal defendant appealed the denial of his Rule 29.15 motion, the brief was inadequate under Rule 84.04 and the appeal must be...
MO. Court of Appeals Western District Case Summaries: September 12, 2005.(Missouri )
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
Criminal Law
Involuntary Manslaughter - Evidence - Recklessness
(1) Where a man was convicted of involuntary manslaughter, felony assault and leaving the scene of an accident after the state...
K.C. Metropolitan Bar Assn. and Foundation educates children with new program.(Kansas City Metropolitan Bar Association)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
You don't have to have children or work with them to know that many children make fun of each other.
Often feelings are hurt, but, even worse, the teasing and fun could develop into insensitivity...
Missouri Lawyers Weekly - - Up and Coming Lawyers 2005: Spencer R. Thomson.
September 12, 2005... Byline: Amanda C. Tinnin
For many attorneys, the law is a family business. But Spender R. Thomson was a renegade in his family opting to go to law school instead of joining his three older brothers in the family trade.
"My family is in...
Education advocacy seminar planned in Columbia.(Brief Article)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
MPACT will host Reed Martin, J.D. in a two-day Advocacy Training Seminar on Sept. 14 & 15, 2005. The seminar, which will cover IDEA (Individuals with Disabilities Education Act) 2004 and No Child Left...
American Bar Assn. president appoints a hurricane task force.(American Bar Association, Michael S. Greco)(Brief Article)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
ABA president Michael S. Greco appointed a task force to spearhead ABA assistance and relief efforts in the aftermath of Hurricane Katrina. The group was scheduled to meet immediately after Labor Day,...
Missouri Lawyers in the News: September 12, 2005.(appointments)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
St. Louis Area
Husch & Eppenberger announces that the following attorneys in its St. Louis office have been selected among the 12th edition of The Best Lawyers in America: Mark G. Arnold (Business...
Verdicts & Settlements Sept. 12, 2005: $5M for man hit by train while working between tracks.
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
$5 million verdict
A railroad worker injured on the job has won his St. Louis FELA case against Union Pacific and Amtrak.
Plaintiff Curtis Burrows, 46, of Benton, Arkan., worked for Union...
Verdicts & Settlements Sept. 12, 2005: University settles counts for false claims.(Saint Louis University)(Brief Article)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
$1.8 million Settlement
St. Louis University agreed to pay the United States $1.8 million in exchange for the dismissal of the Qui Tam (false claim) counts.
The plaintiff, Edwin Dunteman, had...
Verdicts & Settlements Sept. 12, 2005: Defendant settles personal injury claim for work injury.
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
$635,000 settlement
Robert Fudge, plaintiff, was employed as a laborer for C.E. Bollmeier to install sewers in a new residential subdivision. Walter Powelson was a truck and crane operator employed...
Verdicts & Settlements Sept. 12, 2005: High school not liable for student's injury.(Brief Article)
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
Defendant's verdict
A Jefferson County court, upon a motion for directed verdict, ruled in favor of a defendant in a premise liability claim involving an injury to a high school senior.
The...
St. Louis lawyer escapes wrath of Katrina.(Tim Scheer)
September 12, 2005... Byline: Anne C. Vitale
Tim Scheer, a criminal defense attorney in south St. Louis County, spent four harrowing days in New Orleans during the aftermath of Hurricane Katrina.
Scheer and his wife, Judy, arrived in New Orleans on Thurs.,...
Missouri Lawyers Weekly -- Up and Coming Lawyers 2005: Christopher A. Wright.(Hershewe Law Firm)
September 12, 2005... Byline: Amanda C. Tinnin
Before Christopher A. Wright went to law school, he had a very clear opinion of America's legal system there were too many frivolous law suits.
"Even when I was in law school I thought there were too many...
Missouri Lawyers Weekly -- Up and Coming Lawyers 2005: Shari L. Lockhart.
September 12, 2005... Byline: Joy Simmons
Shari Lockhart argued her first case at 19, representing herself in a dispute over a minor traffic violation. She lost that day, but the courtroom won her over.
"I enjoyed the experience and liked questioning the...
Missouri Lawyers Weekly -- Up and Coming Lawyers 2005: Pete Salsich III.
September 12, 2005... Byline: Joy Simmons
Pete Salsich III has been involved in several high profile projects.
He successfully represented McFarlane Toys in a highly publicized right of publicity trial involving hockey player Tony Twist.
He negotiated...
Missouri Lawyers Weekly -- Up and Coming Lawyers 2005: Jeffrey N. Davis.
September 12, 2005... Byline: Ann Phillips Corrigan
A thorough knowledge of the utility industry and negotiation skills honed during his years as chief of staff and general counsel to former Senate President Pro Tem Peter Kinder have proved invaluable to Jeffrey...
United States Court of Appeals Eighth Circuit Case Summaries: Sept. 12, 2005.
September 12, 2005... Byline: Missouri Lawyers Weekly Staff
Civil Rights
Foster Placements - 'Family Integrity' - Qualified Immunity
Where a family brought civil rights claims including a violation of the right to family integrity against a state...
Missouri Lawyers Weekly -- Up and Coming Lawyers 2005: Diane S. Robben.
September 12, 2005... Byline: Ann Phillips Corrigan
Calming, quieting and nurturing are not adjectives you often hear to describe a lawyer in today's practice, but they fit St. Louis lawyer Diane S. Robben, a shareholder with Sandberg, Phoenix & von Gontard....
Pension plans make a comeback.
September 12, 2005... Byline: Eric Berkman
Conventional wisdom says the traditional pension plan went the way of the dodo bird and the woolly mammoth two decades ago, being replaced by 401(k)s and other popular profit-sharing plans.
But according to lawyers...
Railroad conductor awarded $17M in FELA case.(Brett Nidlinger, Federal Employers' Liability Act)
September 12, 2005... Byline: Anne C. Vitale
A railroad conductor who was injured in a falling accident has won $17 million in his St. Louis City FELA case against Norfolk Southern.
The 27-year-old conductor, Brett Nidlinger, claimed that he suffered a...
Cases spark debate over roles of trial consultants.
September 12, 2005... Byline: Nora Lockwood Tooher
(This article originally was published in Lawyers Weekly USA, another Dolan Media publication).
In the decade since the O.J. Simpson trial brought trial consultants to national prominence, their role has...
Missouri Court of Appeals Eastern District Case Summaries: September 19, 2005.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Appellate Practice
Judgment - Finality - Criminal Case
Where a criminal defendant appealed the motion court's denial of his motion to set aside his motion for voluntary dismissal, no final...
Missouri Court of Appeals Southern District Case Summaries: September 19, 2005.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Criminal Law
Statutory Sodomy - Jury Instruction - Mental Element
Where a trial court in a statutory sodomy case refused to give a defendant's submitted converse instruction regarding the...
Missouri Court of Appeals Western District Case Summaries: September 19, 2005.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Contract
Breach Of Contract - Credit Card Charges - Frivolous Appeal
Where a credit card company sued a customer for breach of contract for unpaid credit card debt and late charges, the company...
Bar Association of Metropolitan St. Louis to provide legal assistance to hurricane evacuees.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Hundreds of Hurricane Katrina victims are being evacuated to cities, including St. Louis, with several hundred arriving here this week.
Bar Association of Metropolitan St. Louis President Marie...
Survey reports on most effective management techniques implemented in major law firms.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
A recent Altman Weil Flash Survey of AmLaw 200 Law Firm Management Techniques reports that lateral growth, strategic planning and benchmarking/best practices are the most effective management techniques...
Missouri Lawyers in the News: September 19, 2005.(appointments)
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
St. Louis Area
Thompson Coburn announces that Kevin M. Kercher and Richard H. Shear have joined the firm as partners. Both attorneys will be practicing in the Intellectual Property and Information...
Commentary: Sexually abusive redsidents are bane of Mo. nursing homes.(Missouri)
September 19, 2005... Byline: Diane E. Felix and Christal E. Edwards
Sexual assaults in nursing homes have been grist for tabloid headlines and for "sweeps week" television news, and provoke understandable outrage and horror. As discussed in a recent article...
KC-based law firm and Washington University create a film about corporate governance issues.
September 19, 2005... Byline: Geri L. Dreiling
After watching CEO Keith LaChance duck questions from his board about shady invoices, dodge inquiries about suspect accounting practices, try to recruit the retired partner of his company's outside auditing firm as...
St. Louis attorney Morry S. Cole to take the helm of Young Lawyers Section of The MO Bar.
September 19, 2005... Byline: Erin Suess
St. Louis attorney Morry S. Cole wears many hats: He is a lawyer, a runner, a kayaker, an aviator and an adventurer.
This year, however, he needs to add one more ball to his juggling act as he takes the helm of the...
President of The Missouri Bar seeks to build relationships with state legislators.(Doug Copeland)
September 19, 2005... Byline: Donna Walter
Doug Copeland is gearing up to work on relationships.
During the St. Louis attorney's term as president of The Missouri Bar, Copeland hopes to develop and enhance the bar's relationships with members of the...
Missouri Bar Conference focuses on promoting judicial impartiality.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
The focus of this year's Missouri Bar Conference will center on promoting judiciary impartiality and how best to confront legislative threats to overthrow a 65-year-old tradition of the Nonpartisan...
United States Court of Appeals Eighth Circuit Case Summaries: September 19, 2005.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Civil Rights
Fourth Amendment - Due Process - 'Substance'
Where a plaintiff brought a civil rights action against an officer who searched her home for evidence of drug trafficking, the district...
Attorney Joe Whisler reflects on past year's accomplishments as president of The MO Bar.(Missouri)
September 19, 2005... Byline: Emily Umbright
The best way to describe the agenda of The Missouri Bar under the leadership of Kansas City attorney Joe Whisler is with the word "timing."
"There's an old saying that God laughs when people make plans," Whisler...
Verdicts & Settlements September 19, 2005: Final wrongful death suit settled after 2001 plane crash.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
$3.598 million settlement
The last of three wrongful death cases brought after a plane crash killed five people was settled for nearly $3.6 million. On July 11, 2005, a Jackson County judge...
Verdicts & Settlements September 19, 2005: Man shot by store clerk after shoplifting confrontation.(Brief Article)
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
$2 million settlement
A man who suffered paralysis after he was shot by a convenience store clerk has settled his Jackson County premises liability case for $2,000,000.
Heriberto Liera went to...
Verdicts & Settlements September 19, 2005: Plaintiffs win suit against state for flood damage.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
$1.627 million verdict
A group of 15 plaintiffs have won more than $1.627 million in their Carroll County inverse condemnation case.
The plaintiffs were a group of commercial property owners in...
Verdicts & Settlements September 19, 2005: Officer prevails against 1983 civil rights claim.(Brief Article)
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Defendant's verdict
A Joplin city police officer prevailed against a 1983 civil rights claim in U.S. District Court.
James Keener, plaintiff, claimed that his 4th amendment rights were...
Verdicts & Settlements September 19, 2005: Homeowner reaches settlement with builder, realtors.
September 19, 2005... Byline: Missouri Lawyers Weekly Staff
Confidential settlement
A Clay County home buyer settled its breach of implied warranty and fraud and misrepresentation lawsuit against the builder of her home.
The plaintiff, Victoria Pate,...
Remembering Chief Justice Rehnquist.(William H. Rehnquist)(Obituary)
September 19, 2005... Byline: Amanda C. Tinnin
It was a Saturday when Robert T. Haar got the call from the Chief Justices chambers informing him that his former boss, William H. Rehnquist, had passed away. Haar said the Rehnquist family wanted the Chief...
MO Court of Appeals, Western District rules trial court lacked authority to modify decree.(Missouri)
September 19, 2005... Byline: Ann Corrigan
Where a couple's separation agreement incorporated in their dissolution decree precluded modification of its terms unless the couple agreed in writing, the trial court lacked authority to later modify maintenance, the...
Death of Chief Justice Rehnquist raises U.S. Supreme Court stakes.(John G. Roberts been appointed in place of William H. Rehnquist)
September 19, 2005... Byline: Reni Gertner
(This article originally ran in Lawyers Weekly USA, Boston, MA, another Dolan Media publication.)
President Bush's decision two days after the death of U.S. Supreme Court Chief Justice William H. Rehnquist to...
MO Court Of Appeals Eastern District Case Summaries: September 26, 2005.
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
Criminal Law
Judgment - Finality - Appeal
Where a trial court sentenced a criminal defendant and entered judgment before the expiration of the time for filing a motion for new trial, the...
MO Court Of Appeals Southern District Case Summaries: September 26, 2005.(cases of rape and private road)(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
Criminal Law
Sexual Predator - Evidence - Expert Testimony
Where an expert who testified for the state in a determination of whether an appellant was a sexually violent predator acknowledged...
MO Court Of Appeals Western District Case Summaries: September 26, 2005.(cases of financial agreement, medcal assistance, theft of anhydrous ammonia)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
Contract
Nursing Care Contract - Ambiguity - Power Of Attorney
Where a nursing care center patient's daughter signed a conditions of admission form under the term "Responsible Party" for her...
Numerous Missouri Legislature changes to go into effect.(transportation law)
September 26, 2005... Byline: David L. Naumann
Double, Double Toil and trouble...fire burn and cauldron bubble.
In 2005 numerous legislative changes enacted in 2004 and 2005 by the Missouri Legislature go into effect. These changes are going to be a true...
Bar Assn. of Metropolitan St. Louis to present Pariot Act debate.
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
The Bar Association of Metropolitan St. Louis will present a very timely debate on the renewal of several provisions of the Patriot Act Tuesday, Sept. 27, 2005, at the Washington University School of...
Univ. of MO.-K.C. School of Law names 2005 Wal-Mart Foundation Minority Scholar.(University of Missouri-Kansas City )
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
The University of Missouri-Kansas City School of Law has named first-year law student Reena Gopalji its 2005 Wal-Mart Foundation Minority Scholar.
The UMKC School of Law inaugurated the Wal-Mart...
Professional Legal Management Week in K.C. scheduled in October.(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
The Gateway Chapter of the Association of Legal Administrators (ALA), the professional society for law firm administrators and corporate and government legal department managers, will be celebrating...
MO. Lawyers In The News: September 26, 2005.(Missouri)(appointments and awards)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
St. Louis Area
Husch & Eppenberger proudly welcomes Jennifer L. Schwendemann as the firm's Director of Risk Management/Pro Bono Services. Prior to joining the firm, Schwendemann was the Chief...
MO. Court of Appeals' Western District rules for hospital in doctor's anti-trust claims.
September 26, 2005... Byline: Aaron Brown
A lower court erred in granting summary judgment to a defendant where a doctor claimed that a colleague wrongly interfered with his business relationship with a hospital, the Missouri Court of Appeals' Western District...
Verdicts & Settlements September 26, 2005: Doctor held liable for failing to diagnose colorectal can.
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
$662,000 verdict A Greene County jury awarded a plaintiff $662,000 in her lost chance of recovery claim against a doctor for failing to diagnose the plaintiff's colorectal cancer early enough.
The...
Verdicts & Settlements September 26, 2005: Police officer sustained career-ending injuries in car a.
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
$550,000 settlement A former police officer has settled his personal injury case against an insurance company for injuries he sustained while on duty.
Officer Marian Czyzewski, Jr., 53, allegedly...
Jury rules in favor of Cole County jailers accused of sexual misconduct.(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
Defendant's verdict A Cole County jury returned a verdict in favor of two jail guards accused of sexual misconduct towards several female inmates. The former inmates filed a civil rights, section 1983,...
Verdicts & Settlements September 26, 2005: Plaintiff settles with insurer for car accident injury.(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
$130,000 settlement A plaintiff passenger in an automobile accident settled with the defendant for the full amount of defendant's liability insurance. Parties involved settled the claim through...
Verdicts & Settlements September 26, 2005: Pedestrian struck by car settles his uninsured motorist c.(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
$92,000 settlement A pedestrian who was struck by a car has settled his uninsured motorist case against his insurance company for $92,000.
The plaintiff, Buddy Cates, was struck from behind while...
U.S. Court of Appeals Eighth Circuit rules online gaming runs afoul of click-wrap contract and feder.
September 26, 2005... Byline: Geri L. Dreiling
When game users created an unauthorized free online service that played a software computer's games and competed with the company's own service, the gamers breached click-wrap agreements they assented to and ran...
People scrambling to file bankruptcy cases before new legislation takes effect.
September 26, 2005... Byline: Reni Gertner & Amanda C. Tinnin
Attorneys are waiting to see if rumors are true.
The sweeping new consumer bankruptcy law, signed in April, is expected to go into effect on Oct. 17. But there is talk that Congress may delay the...
MO. Court of Appeals Eastern District rules official immunity doesn't protect employer.
September 26, 2005... Byline: Joy Simmons
Although a police officer may be entitled to official immunity his employer does not automatically enjoy that same immunity and may still be held liable, the Missouri Court of Appeals for the Eastern District ruled...
U.S. COA, 8th District rules to deny severance pay to employee for viewing unauthorized files.(Court of Appeals )
September 26, 2005... Byline: John DeMoor
Where an employee was denied severance pay after being terminated for viewing unauthorized files, the plan administrator's determination that the employee was fired for cause and thus ineligible for benefits was not an...
Hours of service rules reinstated for truckers.
September 26, 2005... Byline: Nora Lockwood Tooher and John DeMoor
The Bush administration has reinstated rules extending the allowable driving hours for commercial, long-haul truckers, despite a D.C. Circuit decision last July finding the rules "arbitrary and...
U.S. Court Of Appeals Eighth Circuit Case Summaries: September 26, 2005.(Brief Article)
September 26, 2005... Byline: Missouri Lawyers Weekly Staff
Arbitration
Award - Confirmation - Breach Of Contract
Where an employee was awarded $840,165 in arbitration against his employer for breach of contract, the arbitration panel did not exceed...