Daily Record and the Kansas City Daily News-Press back issues from July 2008:
Former worker not bound by arbitration, rules Missouri appeals court
Jul 01, 2008; ... A Missouri appeals court issued a ringing endorsement Monday ofan employee's right to take her former employer to court. The Missouri Court of Appeals Western District said Mary KayMorrow, a former employee at Hallmark Cards, could not be compelledto arbitrate her age ...
Anti-stem cell group sues Missouri state officials over life sciences funding
Jul 01, 2008; ... A group opposed to embryonic stem cell research sued stateofficials Monday, seeking to prevent state money from being used tosupport such research. The lawsuit by the Missouri Roundtable for Life asks a court toclarify how an amendment narrowly passed by voters in 2006 ...
A first for appellate leaders: Black judges serve as chief in Missouri Western, Eastern districts
Jul 01, 2008; ... For apparently the first time in state history, black judges willbe in charge of both the Eastern and Western District Courts ofAppeals starting today. Judge Thomas Newton takes over as chief judge at the MissouriCourt of Appeals Western District, the first black judge to do ...
Split Missouri Court of Appeals Western District denies new trial, despite error
Jul 01, 2008; ... Two families will not get another trial against Ford Motor Co.for product liability, the Missouri Court of Appeals WesternDistrict ruled on Monday. In a closely divided 3-2 decision, the court majority determinedthat Jackson County Circuit Judge Charles Atwell erred indisallowing ...
Governor of Missouri signs bill on Internet bullying
Jul 01, 2008; ... By the end of summer, those who write harassing messages toteenagers online may pause longer before hitting the send button.This time, authorities won't be left scratching their heads on howto prosecute such actions.Missouri lawmakers have increased penalties for harassment, ...
Woman injured during jury duty sues Jackson County
Jul 02, 2008; ... Chances are most people would throw themselves down a flight ofstairs to get out of jury duty. In Louella Wilkins' case, a fall down the stairs didn't stop herfrom fulfilling her civic duty, but it is the subject of a lawsuitshe plans to file against Jackson County. Wilkins, ...
Missouri Supreme Court rules defendants get new trials for sentencing
Jul 02, 2008; ... One ruling overturns 12-year-old precedent The Missouri Supreme Court, in a 4-3 decision, said prosecutorsmust prove a defendant knowingly sold drugs near public housing toget a conviction for the offense. With Monday's decision, the court said the law banning thedistribution ...
Missouri Supreme Court makes exception for man with late filing
Jul 02, 2008; ... The Missouri Supreme Court has ruled that a man deserves anexception to a rule setting a deadline for seeking post-convictionrelief. Vincent McFadden was convicted of first-degree assault, armedcriminal action and unlawful use of a weapon and sentenced to atotal of 30 years in ...
Missouri Attorney General Nixon stripped of trust fund
Jul 02, 2008; ... After a six-week investigation into Attorney General Jay Nixon'soffice, Gov. Matt Blunt placed control of the entire AttorneyGeneral's Trust Fund with the Office of Administration on Monday. The move was made after a previous decision to suspend Nixon'saccounts and only allow ...
Attorney says Kansas City-based Hallmark already revised policy
Jul 02, 2008; ... A former Hallmark employee will get her day in court, but shemight be the only one. An attorney for the Kansas City-based card company said Tuesdaythat the policy the court questioned was revised in August 2003 andalready addresses many of the court's concerns. As a result, ...
Missouri Court of Appeals Eastern District rules doctor may pursue suit over employment agreement
Jul 02, 2008; ... A St. Charles cardiologist will have his day in court. On Monday, the Missouri Court of Appeals Eastern District saidStephen Comens may pursue his breach of employment agreement claimagainst SSM St. Charles Medical Group Inc. Comens, a noninvasive cardiologist, said the clinic ...
Mo. fireworks cases were resolved this year: Litigation with a bang
Jul 03, 2008; ... Season brings festivities and fireworks personal injury cases Litigation from fireworks injuries is often the fallout fromIndependence Day. From deaths due to large explosions to injuries from smallfireworks, a number of lawsuits can stem from the seeminglyinnocuous Fourth of ...
Missouri Court of Appeals Western District rules six-year delay not prejudicial
Jul 03, 2008; ... Despite nearly a six-year delay between his arrest andconviction, a Morgan County man's right to a speedy trial was notviolated, an appeals court ruled this week. The Missouri Court of Appeals Western District said Tuesday thatMichael A. Newman did not "demonstrate any prejudice ...
Federally pre-empted cases could head to state courts
Jul 07, 2008; ... A federal appeals decision last week pitted the ability ofaccident victims to find redress for injuries against the separationof power between Congress and the judiciary. The 8th U.S. Circuit Court of Appeals said an amendment to theFederal Railroad Safety Act nullifies a judge's ...
Some lawyers see potential for whitewash in review of Kansas City case
Jul 07, 2008; ... After U.S. Attorney John Wood called for an independent review ofa closed criminal case last week, some lawyers were quick to expresstheir doubts on whether a true investigation will happen. Criminal defense lawyers not connected to the case applauded themove by Wood, who is asking ...
Kansas City Courthouse Roundup: July 7, 2008
Jul 07, 2008; ... An elderly woman will keep a $480,000 jury verdict she receivedfor the injuries she suffered during a fall at an Independencehospital. The Missouri Court of Appeals Western District recently affirmedthe verdict for Marjorie Closson, who was 80 when she tripped andfell in October ...
Temporary restraining order denied in Missouri stem cell suit
Jul 07, 2008; ... Having failed in its bid for a temporary restraining order, ananti-stem cell group will try in August to win a permanentinjunction against future grants of public funds to stem cellresearch. Judge Jon Beetem of the Cole County Circuit Court declaredWednesday that Missouri ...
Kansas City's law firms of Polsinelli, Shughart may merge
Jul 08, 2008 ... Two of Kansas City's largest law firms announced late Mondayafternoon that they are exploring a potential merger. In a press release, CEOs from Polsinelli Shalton FlaniganSuelthaus and Shughart Thomson & Kilroy said that "while the duediligence process has only just begun, they are ...
A Jackson County jury awards fired doctor $4.95M
Jul 08, 2008; ... A doctor who once directed neonatal intensive care units for twoarea hospitals received a $4.95 million verdict last week for hisallegations of wrongful interference and defamation. A Jackson County jury returned the award on Thursday for WilliamH. Topper, who worked for Research ...
AG race in Missouri picks up steam with first two TV spots
Jul 08, 2008; ... The Democratic nomination race for Attorney General just hit thetelevision airwaves. Both Chris Koster and Jeff Harris rolled out 30-second campaigncommercials Monday in the St. Louis and Kansas City markets. Whilethe ads differ in tone, they build on familiar themes being ...
Pro se rules take effect in Missouri; forms still in the works
Jul 08, 2008; ... People who decide to go it alone in court now have some formalguidance on what to expect. The Supreme Court has approved new rules, which took effect July1, for those who choose to represent themselves rather than hiringan attorney. The court also is working to create ...
InBev seeks board ouster over St. Louis based Anheuser rejection
Jul 08, 2008; ... InBev NV will ask Anheuser-Busch Cos. shareholders to oust theU.S. brewer's board after the directors rejected InBev's $46.3billion hostile takeover offer because it was too low. InBev is seeking to use a consent solicitation process outlinedin Anheuser-Busch's bylaws to allow ...
Ferguson-Florissant Middle School teacher's claim of duress fails to sway jury
Jul 08, 2008; ... Despite her claim that she was forced to do it, accused sexualpredator Cathy Heminghaus was convicted last week of statutorysodomy with two of her students. But a suggestion that some of her alleged victims might havemotive to lie may have saved her from a series of similar ...
Overland Park-based Ferrellgas seeks to recover embezzled money
Jul 09, 2008; ... An Overland Park propane gas company continues to battle formillions of dollars it says was lost due to a scheme headed by oneof its former employees. Ferrellgas, which recently won a $3.2 million judgment in PlatteCounty, is now going after its vendors who allegedly paired with ...
Potential merger of Kansas City-based law firms follows national trend
Jul 09, 2008; ... If it happens, Polsinelli-Shughart deal would vault new firm totop revenue, personnel ranks in state With two large Kansas City-based law firms considering a merger,how would a new powerhouse affect the legal landscape? Officials at Polsinelli Shalton Flanigan Suelthaus and ...
St. Louis-based Bryan Cave opens office in Paris
Jul 09, 2008; ... Bryan Cave has partnered with French attorneys to open its firstFrench office in Paris. Kathie Claret and Joseph Smallhoover, formally of the New York-based Dechert law firm's Paris office, are the principal attorneysfor the new location. About 20 lawyers will be added to the ...
Commentary: A crayon mistake had me condemned at 6
Jul 09, 2008; ... At an early age I learned how it feels to be falsely accused. Iwas in the first grade at a small elementary school in Fortuna, Mo.My family was poor, and at the start of the school year I did nothave a box of crayons, not even a small box of eight colors. One day I asked a little ...
U.S. District Court tosses discrimination claim against Kansas City- based union
Jul 10, 2008; ... A federal judge rejected claims by five black men that they werediscriminated against by their union. The five men sued Kansas City-based Local 2 Sheet Metal Workers'Union on claims that they were denied job opportunity referralsbecause of their race. The suit was filed in 2006 ....
Mullen selected for St. Louis judgeship
Jul 10, 2008; ... Gov. Matt Blunt named Michael K. Mullen as a circuit judge on theSt. Louis Circuit Court. Mullen, 44, is an associate circuit judge on the St. Louis court.As a circuit judge, Mullen will handle more jury trials that involvemore serious cases, such as felonies and civil trials with ...
Allstate settles long-running bad faith suit in Jackson County Circuit Court
Jul 10, 2008; ... Both sides have agreed to settle a lengthy and contentious bad-faith insurance dispute that influenced similar cases across thecountry. Allstate Insurance Co. and Paul Aldridge, a former policyholder,reached a confidential settlement after they met for the third timewith a ...
EEOC names regional attorney for the district including Missouri and Kansas
Jul 10, 2008; ... The U.S. Equal Employment Opportunity Commission has selected anew regional attorney for the district including Missouri andKansas. Barbara Seely, a 29-year veteran attorney of the EEOC, will fillthe St. Louis District position. Seely has served as a litigator inthe district ...
8th U.S. Circuit Court of Appeals rules right to cross-examine doctors not there after all
Jul 10, 2008; ... Social Security claimants do not have a constitutional right tosubpoena or cross-examine the doctors consulted by administrativelaw judges in disability hearings, the 8th U.S. Circuit Court ofAppeals said. Wednesday's decision, by a unanimous panel, rejects dicta in an18-year-old ...
$468,000 federal award counters $12M Missouri state verdict against quarry
Jul 11, 2008; ... A federal jury awarded two companies more than $468,000 thisweek, just a few months after a state jury entered a $12 millionverdict against the companies for claims arising from the sameissue. A Kansas City federal jury decided Wednesday that the small townof Greenwood, in ...
Kansas City Legal Briefs: July 11, 2008
Jul 11, 2008; ... A California man who is under federal investigation forrepresenting clients without a law license was briefly allowed topractice in the Western District. Howard O. Kieffer had filed a sentence reduction motion earlierthis year for a Missouri man who pleaded guilty to possession ...
DEA imposter faces 23-count indictment: President of First Bank Mortgage charged in separate case
Jul 11, 2008; ... U.S. Attorney Catherine Hanaway announced Thursday afternoon theindictment of a man who posed as a federal law enforcement officerin Gerald, Mo. Bill Anthony Jakob, 36, was charged in a 23-count indictmentalleging that he impersonated law enforcement officers and posed asa ...
Cole County judge considers dismissal of e-mail lawsuit
Jul 11, 2008 ... A Cole County judge was urged Thursday to dismiss a lawsuit overthe state e-mail retention policy of Gov. Matt Blunt's office. Blunt's lawyer, John Holstein, a former state Supreme Court judgewho is now in private practice, argued that there was no provisionin state law for the ...
Tow-truck driver's death earns family $4.87 million
Jul 11, 2008; ... The family of a tow-truck driver who was killed by a tractor-trailer driver in a hit-and-run accident near St. Louis last yearrecently reached a $4.87 million settlement with the truck driverand his employers.On April 30, 2007, Aaron Helfrich, working for Betty's Bumper ...
Suit targets former Kansas City Royal
Jul 14, 2008; ... Woman says Emil Brown failed to pay settlement over allegedassault A lawsuit filed last week in Jackson County reveals allegationsthat a former Kansas City Royals player failed to pay a woman asettlement that covered up an alleged sexual assault. Emil Brown, an outfielder now ...
Cole County judge dismisses e-mail lawsuit against Gov. Blunt
Jul 14, 2008; ... Ten-day window left for AG to join case A lawsuit over the e-mail policy of Gov. Matt Blunt might bedoomed after a Cole County judge on Friday dismissed the suit onprocedural grounds. In a brief order issued a day after he heard arguments in thecase, Judge Richard Callahan ...
Kansas City Courthouse Roundup: July 14, 2008
Jul 14, 2008; ... Denials similar to those made last week by Kansas City areexpected soon from Mayor Mark Funkhouser and his wife, GloriaSquitiro, regarding a lawsuit brought by a former staffer. An attorney for Kansas City last week claimed plaintiff RuthBates cannot prove the claims in the ...
Missouri's illegal immigrant law draws worries, applause
Jul 14, 2008; ... While critics examine ways to challenge Missouri's new illegalimmigration law, one of its drafters says the law is on solid legalground. Kris Kobach, who teaches law at the University of Missouri-Kansas City and who helped draft some of the provisions of the law,said he's "not ...
Commentary: A now, now, now mentality cuts both ways
Jul 14, 2008; ... Wow, this whole new-kid, wife-off-work, running-a-business stuffdidn't get any easier with the celebration of our nation'sindependence. I guess I should've expected it. I would love to speak today about the latest developments in thelegal world, and give them a little of my ...
Experts say the InBev offer makes new lawsuits unlikely against St. Louis-based Anheuser-Busch
Jul 15, 2008; ... The announcement that Anheuser-Busch and InBev agreed to afriendly merger has dimmed the prospects for lawyers who filedshareholder lawsuits against the St. Louis-based beer maker. Anheuser-Busch and Belgium-based InBev said Sunday that thecompanies agreed to InBev's purchase of ...
Alleged agent imposter enters not guilty plea in Federal Eastern District of Missouri
Jul 15, 2008; ... The man accused of impersonating a federal agent pleaded notguilty in federal court on Monday. Bill Anthony Jakob, 36, was arraigned before Magistrate JudgeAudrey Fleissig in the Federal Eastern District of Missouri. "We have a long and involved process ahead of us," ...
8th U.S. Circuit Court of Appeals affirms longer sentence on drug charges
Jul 15, 2008; ... But judge questions constitutionality A federal appeals court has upheld the sentence enhancements oftwo people on drug charges, even though the increase was based on aweapon charge for which a jury acquitted them. The man and woman were convicted of three ...
Missouri Supreme Court rules work comp must pay up
Jul 16, 2008; ... Post-Schoemehl case might be first and last The teenage children of a woman who died while her workers'compensation claim was still pending will receive their mother'sdisability benefits for the rest of their lives. On Tuesday, the Missouri Supreme Court decided, 4-3, that ...
U.S. District Judge Julie Robinson rules trademark dispute among few to be tried before jury
Jul 16, 2008; ... Despite taking a $127,000 hit, Joe-College.com turned out muchbetter than others that have been in its position. The Lawrence, Kan., shop, whose parody T-shirt business cameunder fire from the University of Kansas in 2006, didn't end up liketwo other businesses in different parts ...
Missouri Supreme Court rules no disbarment for lawyer with bipolar disorder
Jul 16, 2008; ... In a disciplinary case involving Clayton attorney Mark Belz, theMissouri Supreme Court took great pains to detail the seriousness ofBelz's offense: taking money from clients for personal use. But the court also stressed the importance of considering seriousmitigating factors, such ...
Missouri Court of Appeals Western District rules health care insurers can go to arbitration
Jul 16, 2008; ... Kansas City-area physician groups trying to sue several healthinsurance companies for price-fixing will have to arbitrate theirclaims. In a unanimous decision, the Missouri Court of Appeals WesternDistrict en banc sided with the health insurance companies Tuesday,ruling that an ...
FedEx liable, $4.4 M verdict stands, Missouri Court of Appeals Western District rules
Jul 16, 2008; ... An appellate ruling Tuesday upheld a $4.4 million Jackson Countyverdict stemming from a 2003 car crash. The Missouri Court of Appeals Western District ruled that FedExwas vicariously liable for the crash that left a Lathrop man withinjuries to his head, brain, face, neck and leg ....
St. Louis-based Wachovia Securities raided in state investigation
Jul 18, 2008; ... Officials from Secretary of State Robin Carnahan's officeconducted a special inspection at Wachovia Securities headquartersin downtown St. Louis Thursday morning in connection with the $330billion auction-rate securities meltdown. A team of 10 securities regulators, including those ...
Federal Findings: Judge orders DSS to register clients to vote
Jul 18, 2008; ... A federal judge granted a preliminary injunction this weekrequiring the Department of Social Services to register its clientsto vote. The injunction requires DSS offices across the state to complywith the National Voter Registration Act. The suit and motion forpreliminary ...
More Missouri municipal courts adopt e-filing system
Jul 18, 2008; ... The St. Louis County Municipal Court joined a number of otherarea cities in adopting an electronic case management system. The county reached an agreement with Tyler Technologies on Mondayto implement its INCODE system, which will allow attorneys to havegreater access to case ...
St. Louis-based Metro Law Firm head owes for unpaid taxes
Jul 17, 2008; ... A federal judge has ordered St. Louis lawyer Elbert A. Walton Jr.to pay the government $40,000 for unpaid income taxes. Walton, owner of Metro Law Firm, and his wife, Rep. Juanita HeadWalton, owe federal income taxes, as well as penalties and statutoryinterest, for the 2002-2005 ...
Jackson County abandonment of body case back in trial court
Jul 21, 2008; ... Some of the players from one of last year's most bizarre civiltrials are back in court to sort out allegations relating to anunderlying criminal case. Matt Davis, whom a jury ordered to pay $500,000 for the treatmenthis girlfriend's corpse, claims a lack of cooperation from ...
Missouri Supreme Court: Nondriving aunt held liable for her own injuries
Jul 21, 2008; ... The owner of a car is partially liable for an accident thatoccurred when her nephew rear-ended a fire truck, the MissouriSupreme Court said last week in a 4-3 decision. The court said Sandra Bach, the owner of a Chevy Lumina, had theright to control Samuel Madden's driving because ...
Lawyers to fight loss of millions in fees from 8th Circuit's ruling in billboard case
Jul 21, 2008; ... After an appeals court reversed about $1.8 million in attorneyfees and expenses stemming from a racketeering lawsuit, theattorneys are eyeing relief from the U.S. Supreme Court. In 2005, a federal jury awarded about $13 million to threebillboard companies against Viacom Outdoor, ...
Kansas City Courthouse Roundup: July 21, 2008
Jul 21, 2008; ... Several Kansas City businesses are continuing their legal fightto repeal the city's recently enacted smoking ban. The nine plaintiffs who sued the city in May are now askingJackson County Circuit Judge John O'Malley to grant a motion forsummary judgment that would strike down the ...
Commentary: Mac daddy First Amendment?
Jul 21, 2008; ... Around a month ago some members of the Kansas City Councilexpressed their shock and outrage at complaints about the KansasCity Power & Light District's dress code. It seems that it targets black males. Or anyone who dresses likea stereotypical black male. That would include young ...
Anti-smoking law's author in K.C. seeks to defend it in court
Jul 22, 2008; ... A Kansas City lawyer who helped draft the city's new smoking bansays he should be permitted to join a lawsuit challenging theordinance. Mike White is one of five committee members who worked to get thesmoking ordinance on last April's ballot. Now the White Goss Bowers March ...
Jackson County Circuit Judge Clark to retire; applications sought
Jul 22, 2008; ... Jackson County Circuit Judge Thomas C. Clark will leave the benchin one month, when he turns 70. Clark, one of the court's longest-serving judges, will retire onAug. 25, the 16th Circuit Judicial Commission said in a pressrelease Monday. Missouri law requires judges to retire at ...
St. Louis lawyer Weiss remembered as lawyer and more
Jul 22, 2008; ... Longtime St. Louis lawyer William Losse Weiss, the namesake of anannual award from the Bar Association of Metropolitan St. Louis,died July 16. He was 94. John C. Rasp, of Husch Blackwell Sanders, received the William L.Weiss Award from BAMSL's Senior Lawyers Committee in 2005 ....
Committee in Missouri giving decried, but used
Jul 23, 2008; ... Although all of the state's candidates for attorney general saythey dislike the current system of campaign finance, all also haveused it to their advantage. In campaign reports issued last week, Democratic candidates ChrisKoster, Margaret Donnelly and Jeff Harris and Republican ...
License lost for pushing under the influence rules Missouri Court of Appeals Western District
Jul 23, 2008; ... Drinking and pushing your motorcycle -- while the engine isrunning -- don't mix. A ruling from the Missouri Court of Appeals Western District onTuesday held that an Independence man should lose his license forthat act, reversing the decision of a Clay County Circuit ...
Missouri Court of Appeals Eastern District rules Six Flags not liable for crash
Jul 23, 2008; ... Neither Six Flags nor the city of Eureka can be held liable foran accident that killed five family members eight years ago. The Vonder Haars, visiting from Breese, Ill., were on their wayto Six Flags St. Louis on the morning of July 31, 2000, when theirvehicle hit a car that had ...