Community Spotlight 
The Big News Page
Hampton Ave. bridge to close this weekend
2010-09-09 16:21:38 Globe-Democrat.comThe Hampton Avenue Bridge over River Des Peres between I-44 and Manchester will be closed for repairs after the evening rush hour on Friday September 10, 2010. It will be reopened by morning rush hour on Monday September 13, 2010. Read Full Story ...
BREAKING: Florida minister cancels burning of Qurans on 9/11
2010-09-09 16:11:17 ksdk.comBREAKING: Florida minister cancels burning of Qurans on 9/11 Read Full Story ...
No blackout for Rams home opener
2010-09-09 16:11:16 Globe-Democrat.comThe St. Louis Rams regular-season home opener vs. the Arizona Cardinals will be televised locally, the team announced today. The Rams and Cardinals will kick off at the Edward Jones Dome on Sunday, September 12 at 3:15 p.m. Read Full Story ...
Roy Blunt, Robin Carnahan both criticize Obama's spending plan
2010-09-09 16:10:35 ksdk.comRoy Blunt, Robin Carnahan both criticize Obama's spending plan Read Full Story ...
Minister Cancels Quran Burning On Sept. 11 Heeding Public Outcry
2010-09-09 16:08:00 fox2news.comGAINESVILLE, Fla. (AP) — The leader of a small Florida church that espouses anti-Islam philosophy says he is canceling plans to burn copies of the Quran on Sept. 11. Read Full Story ...
Defamation, breach of contract suit against Country Mutual settles for $455,000
Amelia Flood2010-09-09 16:00:00 MadisonRecord.com
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| Ruth |
A defamation and breach of contract case that netted a Granite City man $190,000 after a May trial this year has ended, with the insurer paying out $455,000 to settle the case.
According to a press release issued by plaintiff's attorney Anthony Bruning Thursday, defendant County Mutual Insurance Company and its Edwardsville agent, Matt Crider, agreed to settle plaintiff Brent Davis's case.
The settlement comes after the insurance company lost out on a move to overturn the $190,000 verdict last month.
Davis also had pleas for pre-judgment interest, attorney's fees and costs pending at the time of the settlement.
Those pleas totaled $60,000 in penalties, $76,543 in fees, $72,512.82 in court costs.
Davis sued the company after it failed to honor his homeowner's policy following a September 2005 fire that destroyed his Granite City home.
Country Mutual claimed that Davis intentionally set the fire and refused to honor a $139,000 claim.
The company also sent a letter indicating Brent Davis was responsible for the fire to his ex-wife, Charlotte Davis, although she was not on the homeowner's policy and had not made a claim.
Brent Davis was never charged with setting the fire.
The jury in the trial earlier this year awarded Davis $125,000 minus the $124,000 deductible on the breach of contract claim.
It granted him $190,000 for the defamation claim that related to the letter send to Charlotte Davis.
The settlement combines $425,000 Country Mutual will pay to Brent Davis and $30,000 Crider will pay.
Crider had been named in the suit but was dropped from it by the time of trial.
"I thought they [Country Mutual] would take care of me, but they made me feel like a criminal," Brent Davis said in the press release. "The jury's verdict proved what I said all along; that I didn't have anything to do with this fire."
Madison County Circuit Judge Dennis Ruth presides.
No date has been set as yet for the settlement's approval.
Douglas Richards and James Carlson represent Country Mutual.
The case is Madison 06-L-451.
Hampton Avenue Bridge closing this weekend for repairs
2010-09-09 15:58:03 ksdk.comHampton Avenue Bridge closing this weekend for repairs Read Full Story ...
Study: Medical liability costs $55.6 billion annually
Ann Knef2010-09-09 15:52:00 MadisonRecord.com
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| Mello |
A new study by Harvard University researchers shows that medical liability costs totaled 2.4 percent of annual health care spending in the U.S., or $55.6 billion per year, in 2008.
The study, which appears in the September issue of Health Affairs, analyzed various components of the medical liability system, including payments made to malpractice plaintiffs, defensive medicine costs, administrative costs -- such as lawyer fees -- and the costs of lost clinician work time.
Researchers found that the medical liability system's annual price tag includes $45.6 billion in defensive medicine costs, $5.7 billion in malpractice claims payments, and more than $4 billion in administrative and other expenses.
The study's lead author, Michelle Mello, professor of law and public health at Harvard School of Public Health, said that the medical liability system carries heavy costs and that there are good reasons to want to improve it.
But, she said that other reforms, such as changing the fee-for-service reimbursement system that gives providers incentives to overuse services, probably hold more promise for reducing health care costs.
On the other hand, Mello and her fellow researchers acknowledge that proponents of medical liability reform argue that it will address two drivers of health care costs: providers offsetting rising malpractice insurance premiums by charging higher prices and "defensive medicine," in which liability concerns lead doctors to order more tests, procedures, and other services than are medically necessary.
"[W]e should be realistic about what liability reform can achieve in terms of health care cost control," Mello said.
"We shouldn't forget that despite all its dysfunctions and inefficiencies, the medical liability system does produce social benefits," she said.
"It makes injured patients whole by providing compensation; it provides other forms of corrective justice for injured persons, producing psychological benefits; and it may deter future injuries by signaling to health care providers that they will suffer sanctions if they practice negligently and cause injury. The question is, can we reform the system to enhance these benefits and get them at lower cost?"
Med Mal in Illinois
Seven months has passed since the Illinois Supreme Court overturned a 2005 medical liability reform law which capped damages at $500,000 for physicians and $1 million for hospitals.
A recent poll conducted of 1,100 Illinois doctors found that 66 percent have personally reduced or eliminated high-risk services or procedures due to a medical liability threat.
The Illinois State Medical Society, which partnered with ISMIE Mutual Insurance Co. to conduct the poll between June 21 and July 2 among a cross-section of medical specialties, also found that 82 percent of Illinois doctors report that they view every patient as a liability risk.
Also, 89 percent reported that liability concerns have caused them to order more tests than are medically needed, and 33 percent of doctors indicated that they always order extra tests.
Todd Smith, president of the Illinois Trial Lawyers Association, offered another view. He said that 98,000 people per year are killed or injured due to medical malpractice.
Smith cited an August report produced by the Society of Actuaries and completed by consultants with Milliman, Inc., which showed that measurable medical errors cost the U.S. economy $19.5 billion in 2008.
The report also says that of the approximately $80 billion in costs associated with medical injuries, around 25 percent were the result of avoidable medical errors.
"Why don't we address that end of the spectrum at the beginning," he said, "rather than the other end...let's put one-size fits all cap on what a person is entitled to."
Smith also said that greater competition among medical liability insurers reduces premiums and helps physicians.
Retired physician Robert Hamilton, M.D. of Alton said that physicians in Illinois are still somewhat "stunned" by the high court's reversal.
"The law was carefully researched and crafted and we were represented brilliantly by Theodore Olson, a former solicitor general of the United States," Hamilton said.
Hamilton said that political affiliation played a role in the law being overturned.
"The vote in the court fell along party lines, demonstrating the importance of the Karmeier/Maag race in 2004, as well as other Supreme Court races in the coming election," he said.
"It is too early to see what the effects of the decision will be on malpractice premium rates or whether some of the well-intentioned changes in the Madison County Circuit Court procedures will dampen those effects," he said.
"Further efforts at legislative relief will be heavily influenced by the upcoming elections."
Donald Trump offers to buy out investor in New York City mosque site
2010-09-09 15:39:00 ksdk.comDonald Trump offers to buy out investor in New York City mosque site Read Full Story ...
CDC: Adults eating less fruit, not enough veggies
2010-09-09 15:34:37 ksdk.comCDC: Adults eating less fruit, not enough veggies Read Full Story ...
Deja Vu all over again in close Illinois Senate race
2010-09-09 15:25:00 STLToday.comKirk edges slim lead over Giannoulias, but effectively still tied. Read Full Story ...
It's official: Rams announce opener will be televised locally
2010-09-09 15:15:00 STLToday.comIf you don't go to Sunday's season opener, you still will be able to watch it. Read Full Story ...
Crews closing parts of I-70 for work next week
2010-09-09 15:06:24 kmov.comRead Full Story ...
Matoesian to open wrongful death suit trial Monday
Amelia Flood2010-09-09 15:00:00 MadisonRecord.com
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| Matoesian |
A wrongful death suit filed by the family of a Highland man who died when the car he was a passenger in was hit by a train in August 2007 is set for trial Monday.
Madison County Circuit Judge Andreas Matoesian will preside over the trial that is set to begin at 9 a.m. with jury selection.
Plaintiff Misty Webb is suing Union Pacific Railroad Co. and Guy Webb for three counts of negligence and wrongful death.
The suit seeks damages in excess of $50,000 per count and other relief.
According to her suit, Misty Webb claims that her father, James Webb Jr., was a passenger in the 1994 Dodge Ram driven by Guy Webb when it was struck by a Union Pacific train three years ago.
The accident occurred in Iron County, Mo.
The plaintiff claims that Union Pacific's employees did not sound the proper warning that the train was coming to crossing.
She claims the railroad did not maintain warning devices, keep a look-out for motorists, did not warn or that its employees violated the company's own rules about the safe operation of a train and rail system.
Misty Webb claims Guy Webb did not keep a careful look out to avoid the accident.
The case file does not indicate what relation Guy Webb is to Misty and James Webb Jr.
As a result of the accident, Misty Webb claims her father died on Aug. 23, 2007.
Union Pacific had tried to dismiss the suit unsuccessfully.
Guy Webb settled with the plaintiff in April. The motion for good faith finding filed by Webb April 14 indicates that he paid the plaintiff the entire amount of his auto policy but does not specify the amount.
Union Pacific objected to the settlement at the approval hearing May 14.
Matoesian entered the settlement over the objection.
Union Pacific is represented by Thomas Jones and Harlan Harla.
The plaintiff is represented by John Simon.
Guy Webb was represented by Martin Morrissey.
The case is Madison case number 08-L-1139.
Matoesian to open wrongful death trial Monday
Amelia Flood2010-09-09 15:00:00 MadisonRecord.com
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| Matoesian |
A wrongful death suit filed by the family of a Highland man who died when the car he was a passenger in was hit by a train in August 2007 is set for trial Monday.
Madison County Circuit Judge Andreas Matoesian will preside over the trial that is set to begin at 9 a.m. with jury selection.
Plaintiff Misty Webb is suing Union Pacific Railroad Co. and Guy Webb for three counts of negligence and wrongful death.
The suit seeks damages in excess of $50,000 per count and other relief.
According to her suit, Misty Webb claims that her father, James Webb Jr., was a passenger in the 1994 Dodge Ram driven by Guy Webb when it was struck by a Union Pacific train three years ago.
The accident occurred in Iron County, Mo.
The plaintiff claims that Union Pacific's employees did not sound the proper warning that the train was coming to crossing.
She claims the railroad did not maintain warning devices, keep a look-out for motorists, did not warn or that its employees violated the company's own rules about the safe operation of a train and rail system.
Misty Webb claims Guy Webb did not keep a careful look out to avoid the accident.
The case file does not indicate what relation Guy Webb is to Misty and James Webb Jr.
As a result of the accident, Misty Webb claims her father died on Aug. 23, 2007.
Union Pacific had tried to dismiss the suit unsuccessfully.
Guy Webb settled with the plaintiff in April. The motion for good faith finding filed by Webb April 14 indicates that he paid the plaintiff the entire amount of his auto policy but does not specify the amount.
Union Pacific objected to the settlement at the approval hearing May 14.
Matoesian entered the settlement over the objection.
Union Pacific is represented by Thomas Jones and Harlan Harla.
The plaintiff is represented by John Simon.
Guy Webb was represented by Martin Morrissey.
The case is Madison case number 08-L-1139.
E. Coli levels at Lake of the Ozarks meet federal standards
2010-09-09 14:52:09 ksdk.comE. Coli levels at Lake of the Ozarks meet federal standards Read Full Story ...
St. Louis police to hold sobriety checkpoint this weekend
2010-09-09 14:50:08 kmov.comRead Full Story ...
Off duty East St. Louis officer hits, kills pedestrian
2010-09-09 14:45:47 kmov.comAn off duty East St. Louis police officer has struck and killed a pedestrian. Read Full Story ...
Stack denies Norfolk Southern's second try to move suit to Macoupin County
Amelia Flood2010-09-09 14:45:00 MadisonRecord.com
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| Stack |
A personal injury suit filed by a man struck by a train after the Staunton homecoming three years ago will stay in Madison County.
Madison County Circuit Judge Daniel Stack on Thursday denied defendant Norfolk Southern Railway's second attempt to have the case transferred to neighboring Macoupin County.
The railroad had previously won a motion to transfer the case, but that move was rescinded by Circuit Judge Barbara Crowder, who once presided over the case.
Plaintiff John Whitt is suing the railroad and two of its employees, Travis Atchison and Paul Holden, for injuries he suffered after being hit by a train headed south into Madison County.
Whitt claims that while attending the Staunton homecoming, he was attacked and left unconscious on the company's railroad tracks in 2007.
He claims that the defendants could have stopped the train before hitting him.
The suit seeks damages in excess of $50,000 and other relief.
The defense argued Thursday that Whitt is not a Madison County resident and that the incident and most witnesses involved in the case are in Macoupin County to the north.
Plaintiff's attorney Brian Kalb countered that the incident happened less than two miles from the Madison County border. He pointed to the fact that his client lived in Madison at the time of the accident.
Kalb provided Stack with a map placing the witnesses in the case to further show Madison County is the more appropriate place for the lawsuit because many witnesses are in St. Louis.
Stack agreed with Kalb.
"We all know it's easier to get here from St. Louis than up to Macoupin," Stack told defense counsel Andrew Corkery.
He denied the second transfer move but told Corkery that the defendants could still re-move to transfer the suit at a later date.
Atchison and Holden also have moves to dismiss the suit against them set for hearing later this month.
Brian Kalb and Joseph Dulle represent Whitt.
Andrew Corkery represents Norfolk Southern, Holden and Atchison.
Stack took over the suit last month along with the rest of Crowder's civil docket.
Crowder took over Stack's asbestos docket.
The case is Madison case number 09-L-668.
HHS to insurers: Don't blame us for your rates
2010-09-09 14:44:34 ksdk.comHHS to insurers: Don't blame us for your rates Read Full Story ...
Plaintiff nets $35,000 in dram shop case against Regal Beagle
Amelia Flood2010-09-09 14:44:00 MadisonRecord.com
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| Hylla |
An Ottawa, Ill. man won $35,000 from a Godfrey tavern as the trial of a dram shop case stemming from a 2008 bar fight ended.
Plaintiff James Ceja sued the Regal Beagle Inc. for damages including over $24,000 in medical bills and $18,000 in lost wages.
The jury awarded Ceja $35,000 after deliberating for three hours Thursday.
The award included more than $24,000 for medical bills, $9,000 in back wages and $1,500 for his past pain and suffering.
Plaintiff's attorney Michael Glisson said following the trial that he and his client were happy with the verdict and that the jury followed the law in the case.
Scott Roper, the owner of Roper's Regal Beagle, was not present when the verdict was read.
Ceja claimed the bar served its former co-defendant Michael Whittman the alcohol that led him to become legally intoxicated.
Whittman and Ceja then fought in the bar's parking lot.
Whittman allegedly blindsided Ceja, shattering his eye socket.
Whittman pled guilty to misdemeanor battery charges in connection with the February 2008 fight.
He settled with Ceja in the civil case earlier this year.
The trial opened Tuesday with a day of jury selection.
Both sides presented their cases Wednesday.
In his closing argument, Glisson told jurors that the case was simply a matter of where and how Whittman became intoxicated.
Glisson said the Regal Beagle's owners had to acknowledge they understood the state's Dram Shop laws before opening a bar that profited from alcohol sales.
"If you don't like it, you don't own a bar," Glisson said.
He pointed to the witnesses his client presented including at least two friends who intervened in the fight.
Glisson cited Whittman's own testimony that he did not believe he could drive and that he had consumed between six and 10 beers before the fight.
Glisson took aim at the testimony of defense witness Becky Powers, the Regal Beagle bartender who had been on duty the night of the fight.
Powers testified that Ceja had been drunk and "obnoxious" prior to the fight beginning.
She testified Wednesday that she did not see the fight or serve the plaintiff.
"Becky wanted Jim Ceja to be drunk but she didn't want to admit she served him," Glisson said.
He argued Powers' testimony was an attempt to help her boss, Scott Roper, and Whittman, a person she knew.
Dominique Seymoure, the bar's attorney, argued the case was more complicated than it appeared.
"The plaintiff has to prove more than just he [Whittman] was drinking alcohol," Seymoure said.
The defense attorney pointed to different versions of the events leading up to the fight at the Regal Beagle that were told by Ceja and his own witnesses.
Seymoure toof aim Whittman's own testimony, pointing to differing answers he gave about why the fight started, how much he'd been drinking and what happened during the fight.
"If he can blame it on the alcohol and not his own actions, he can sleep better at night," Seymoure told the jury.
She argued that the fight broke out over union politics and not because Ceja and Whittman were intoxicated under the Dram Shop Act.
The closing arguments ended just before 10 a.m.
Madison County Circuit Judge David Hylla instructed the jury and deliberations began shortly after.
The case is Madison case number 08-L-1159.
Downtown I-70 lanes to close overnight September 14-16
2010-09-09 14:37:41 ksdk.comDowntown I-70 lanes to close overnight September 14-16 Read Full Story ...
Show-me: Rex Sinquefield owes voters explanation on earnings tax initiative (corrected)
2010-09-09 14:30:00 STLToday.com
Proposition A forces voters to decide much more than whether
they like earnings taxes. Read Full Story ...Missouri Right to Life release endorsements for November election
2010-09-09 14:08:56 Globe-Democrat.comMissouri Right to Life today released their Political Action Committee's endorsements for the November 2 General Election. Read Full Story ...
Cool Valley to install Speed Tracking systems
2010-09-09 13:58:59 Globe-Democrat.comTraffic Safety Solutions Co. Inc. has announced a new agreement with the City of Cool Valley to place Multiple Vehicle Speed Tracking (MVST) systems where speeding is considered a problem. Areas such as school zones and cross walks along South Florissant Road, or in high impact or construction zones are being considered. Read Full Story ...
Sen. McCaskill Inspects the Cochran VA Hospital
2010-09-09 13:53:00 fox2news.comSenator Get Progress Report on Veterans Care
Senator Claire McCaskill is checking up on the St. Louis VA hospital. She took a tour of the facility this morning, getting a progress report to make sure the equipment is properly sterilized after hundreds were potentially exposed to hepatitis and HIV. McCaskill spent the morning talking to hospital management at the john Cochran veteran affairs hospital on grand and to members of veterans groups who rely on the facility. The visit was part of her commitment to veteran's care, after last month's shocking hearing on Cochran, not following hospital procedures for patients. Read Full Story ...
Poll examines attitudes on Obama, Palin
2010-09-09 13:40:25 Globe-Democrat.comAbout one-third of U.S. adults believe President Obama and former Alaska Gov. Sarah Palin are out of touch, a poll released Thursday said. Read Full Story ...
Pacific firefighters receive donation for life-saving equipment
2010-09-09 13:37:22 ksdk.comPacific firefighters receive donation for life-saving equipment Read Full Story ...
Interpol issues alert over Koran burning
2010-09-09 13:27:42 Globe-Democrat.comInterpol issued a global alert for possible terrorism connected to this weekend's planned Koran burning by an American clergyman. Read Full Story ...
Meghan McCain recalls initial Palin panic
2010-09-09 13:26:15 Globe-Democrat.comMeghan McCain says she was as surprised as anyone when her father, former U.S. presidential candidate John McCain, announced Sarah Palin as his running mate. Read Full Story ...
Off-duty East St. Louis police officer hits, kills pedestrian
2010-09-09 13:08:10 ksdk.comOff-duty East St. Louis police officer hits, kills pedestrian Read Full Story ...
Sobriety checkpoint in St. Louis this weekend
2010-09-09 12:54:21 ksdk.comSobriety checkpoint in St. Louis this weekend Read Full Story ...
Archbishop meets inaugural class of Carlson's Kids
2010-09-09 12:33:40 ksdk.comArchbishop meets inaugural class of Carlson's Kids Read Full Story ...
Cochran VA hospital now sterilizing correctly, but still not treating veterans nicely
2010-09-09 12:26:00 STLToday.com
The John A. Cochran Medical Center in St. Louis has successfully
handled this summer's dental equipment sterilization crisis, but
isn't serving veterans quickly and politely and has major customer
rel Read Full Story ...Blue Angels arrive for weekend air show
2010-09-09 12:05:24 ksdk.comBlue Angels arrive for weekend air show Read Full Story ...
Illinois offering appliance rebate program later this month
2010-09-09 11:58:27 kmov.comIf you're thinking about replacing an appliance, you may want to wait a few weeks. Read Full Story ...
Federal judge's wife part of legal team in suit against atrazine makers
Steve Korris2010-09-09 11:19:00 MadisonRecord.com
BENTON – Class action lawyers suing manufacturers of weed killer atrazine in federal court added a federal judge's wife to their legal team this year.
Patricia Murphy of Energy, spouse of District Judge Patrick Murphy, entered her appearance in the suit against Syngenta AG and Syngenta Crop Protection in March.
In June, she filed a motion to conduct discovery on the court's jurisdiction over Syngenta AG.
District Judge Philip Frazier granted the motion on June 29, finding it would help him resolve an argument Syngenta AG raised in a motion to dismiss the suit.
"In particular, limited discovery will allow the court to evaluate Syngenta AG's presence in Illinois and any business activities in Illinois," he wrote.
He also granted discovery with Syngenta Crop Protection, "to explore the nature and extent of any agency relationship between the defendants."
The suit seeks to compel the Syngenta companies to pay for removal of atrazine from water supplies.
Thirteen cities in five states, four villages in two states, a rural water district and five private water companies filed the suit earlier this year.
They seek to represent a class of all suppliers with atrazine in their water.
Stephen Tillery of St. Louis leads the plaintiff team in association with Scott Summy of Baron and Budd in Houston.
The suit resembles one Tillery filed in Madison County in 2004, along with four more against other atrazine makers.
Dooley files complaint against Corrigan over missed deadline
2010-09-09 11:17:00 STLToday.comCharlie A. Dooley's campaign on Thursday filed a complaint with the Missouri Ethics Commission alleging that rival Bill Corrigan missed a campaign finance filing deadline last week by two-and-a-half h Read Full Story ...
Prosecutors say imprisoned former Illinois Governor Ryan shouldn't be released early
2010-09-09 11:09:28 ksdk.comProsecutors say imprisoned former Illinois Governor Ryan shouldn't be released early Read Full Story ...
Palin joins critics of Koran burning
2010-09-09 10:56:16 Globe-Democrat.comFormer Alaska Gov. Sarah Palin joined government and religious leaders condemning plans of a Florida pastor to burn copies of the Koran Saturday. Read Full Story ...
Thousands wait to see if homes near Boulder burned
2010-09-09 10:52:39 ksdk.comThousands wait to see if homes near Boulder burned Read Full Story ...
McCaskill to update progress at VA hospital
2010-09-09 10:45:55 kmov.comSen. Claire McCaskill plans to tour the St. Louis Veterans Affairs Hospital and get an update on progress toward making sure all equipment is properly sterilized. Read Full Story ...
Prosecutors say Ryan shouldn't be released early
2010-09-09 10:44:00 STLToday.comProsecutors say they plan to oppose any move to free former Illinois Gov. George Ryan from prison early. Read Full Story ...
Judge dismisses Whitehead?s suit over Aug. 3 election loss
2010-09-09 10:39:00 STLToday.comLooks like state Rep. Hope Whitehead jumped the gun. Read Full Story ...
Retention panel selected for Magistrate Judge Frazier
Staff Reports2010-09-09 10:35:00 MadisonRecord.com
The United States District Court for the Southern District of Illinois has announced the appointment of a merit retention panel for the purpose of examining the retention of U.S. Magistrate Judge Philip M. Frazier, whose current term expires May 7, 2011.
The panel will review and consider comments received from members of the bar and the public, as well as any other pertinent evidence as to Frazier's good character, judgment, legal ability, temperament, and commitment to equal justice under the law, according to a press release issued by the court clerk.
Comments are due by Sept. 24.
The panel will report the result of its activities to the court, specifying the opinion of the panel as to whether Frazier should be retained. The panel's report is due on or before Dec. 7.
Members of the panel include:
For additional information, contact: Nancy Rosenstengel, clerk of court, at (618) 482-9172.
Tennessee minister to burn Quran, too
2010-09-09 10:23:12 ksdk.comTennessee minister to burn Quran, too Read Full Story ...
FBI arrests fugitive from Kansas City in Kirkwood
2010-09-09 10:07:07 kmov.comA Kirkwood neighborhood was on edge during an incident on Thursday morning. Read Full Story ...
Garden State governor offers support for Roy blunt
2010-09-09 10:06:00 STLToday.com
ST. LOUIS -- It's not everyday that Missouri Republicans look to
help from New Jersey, where a tradition of political corruption
would give the state rightful claim to the title Illinois of the
East. Read Full Story ...Superintendent's health care perk draws fire
2010-09-09 09:47:00 STLToday.comST. LOUIS COUNTY > A deal that keeps Ferguson-Florissant Superintendent Jeff Spiegel in the position through the end of the school year by giving him and his wife free health care for life drew ire Read Full Story ...
Funeral arrangements for Lashonda Lynette White
2010-09-09 09:47:00 STLToday.comThe funeral for Lashonda Lynette White will be at 11 a.m. on Saturday (Sept. 11, 2010) at Restoration Church of God in Christ, 2002 Chambers Road, in St. Louis County. Read Full Story ...
AB InBev recalls barrels of beer due to pipes that weren?t properly cleaned
2010-09-09 09:34:54 kmov.comAB InBev is recalling 4,000 barrels or about 850,000 glasses of beer after a production error. Read Full Story ...
Traffic deaths at lowest level in 60 years
2010-09-09 09:32:33 ksdk.comTraffic deaths at lowest level in 60 years Read Full Story ...
100 high-water rescues, tornadoes in Texas
2010-09-09 09:29:45 ksdk.com100 high-water rescues, tornadoes in Texas Read Full Story ...
EMBA GET-TOGETHER SEPT. 19
2010-09-09 09:23:00 STLToday.comThe East Missouri Baseball Association will hold a get-together beginning at 1 p.m. on Sunday, Sept. 19, at Old Monroe Ballpark. Read Full Story ...
Average mortgage rate increases off decades-low
2010-09-09 09:22:01 ksdk.comAverage mortgage rate increases off decades-low Read Full Story ...
Warren County car crash kills N.H. woman
2010-09-09 08:57:00 STLToday.comA woman from New Hampshire was killed in a one-vehicle crash Wednesday in Warren County, the Missouri Highway Patrol says. Read Full Story ...
School drug tests student drivers, athletes and club participants
2010-09-09 08:49:07 ksdk.comSchool drug tests student drivers, athletes and club participants Read Full Story ...
Obama discusses Koran-burning, economy
2010-09-09 08:39:32 Globe-Democrat.comA Florida pastor's Koran burning Saturday could lead to violence against U.S. troops overseas and become a recruiting tool for terrorists, President Obama said. Read Full Story ...
Remnants of "Hermine" bring locally heavy rainfall
2010-09-09 08:37:43 ksdk.comRemnants of "Hermine" bring locally heavy rainfall Read Full Story ...
Thought it was hot this summer? You were right!
2010-09-09 08:20:24 ksdk.comThought it was hot this summer? You were right! Read Full Story ...
Former Goldenberg attorney alleges misconduct in Hartford fee battle
Steve Korris2010-09-09 08:11:00 MadisonRecord.com
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| Ruth |
Jeannine Kelly, seeking millions in fees from settlements of refinery pollution suits, claims to possess a document that proves misconduct at the Goldenberg Heller firm.
Kelly previously alleged she withdrew from the litigation due to concerns over the firm's conduct in mediation, but only now has she described her evidence.
"Ms. Kelly prepared a memorandum to warn her clients, but was threatened with legal action that she would breach the confidentiality requirements of the mediation," wrote her lawyer, Michael Downey of St. Louis, on Aug. 17.
He opposed the firm's motion to dismiss her suit.
Kelly and the firm signed a joint agreement to represent more than 80 Hartford property owners asserting claims against several oil companies.
"Ms. Kelly spent more than four years representing the Hartford residents, working over 1,800 hours on these cases," Downey wrote.
"Ms. Kelly's environmental law experience and background allowed Goldenberg Heller and Ms. Kelly to convince the plaintiffs with the best claims and most serious injuries to become their mutual clients," Downey wrote.
"Ms. Kelly also was critical in formulating the theory of liability against the oil companies," he wrote.
"She even prepared the documents that served as Hartford plaintiffs' submissions for the key 2006 mediation, which served as the framework for class settlements entered after her withdrawal," he wrote.
"Ms. Kelly ultimately withdrew from representing the Hartford residents because she objected to how Goldenberg Heller was prosecuting the litigation," he wrote.
Goldenberg Heller received more than $6 million in fees from settlements with BP, Shell Oil and Equilon Enterprises, he wrote.
Kelly sued the firm in 2008.
Madison County Circuit Judge Dennis Ruth dismissed her complaint in January but allowed her to amend it.
A new complaint linked her withdrawal to ethical concerns, alleging the firm acted in a way that might have been jeopardized the interests of Hartford residents.
For Goldenberg Heller, John Papa of Granite City again moved to dismiss.
He wrote that Kelly couldn't prove that the firm induced her to withdraw.
He wrote that if she had ethical concerns, she should have warned their joint clients.
That provoked Downey's revelation of the memorandum she never sent.
Downey wrote that a promise of compensation from Mark Goldenberg made it more likely that she would withdraw and pursue other employment.
"In short, but for Mr. Goldenberg's unambiguous promise of protection, Ms. Kelly would have remained in the lawsuit and not withdrawn," he wrote.
"To permit Goldenberg Heller to dismiss Ms. Kelly's complaint by blaming her for not revealing their own misconduct would continue to reward Goldenberg Heller for their bad conduct," he wrote.
He wrote that she seeks a lien on fees the firm holds.
"Ms. Kelly has also alleged that she is entitled to receive an equal split – specifically 50 percent – of the fees Goldenberg Heller receives," he wrote.
Unemployment claims tumble to lowest level in two months
2010-09-09 08:03:17 ksdk.comUnemployment claims tumble to lowest level in two months Read Full Story ...
Cruise ship passenger mistakenly arrested for prostitution
2010-09-09 08:00:22 ksdk.comCruise ship passenger mistakenly arrested for prostitution Read Full Story ...
Obama weighs in as plan to burn Quran
2010-09-09 07:50:38 ksdk.comObama weighs in as plan to burn Quran Read Full Story ...
8 kids, 6 moms; does public hold men accountable?
2010-09-09 07:50:00 STLToday.comOn the day the 2010-11 NFL season kicks off, let's use football as the springboard to discuss off-the-field responsibility of some well-paid public figures. Read Full Story ...
McCaskill to tour VA Hospital for update on sterilization concerns
2010-09-09 07:43:00 STLToday.com
ST. LOUIS ? Sen. Claire McCaskill plans to tour
the St. Louis Veterans Affairs Hospital and get an update on
progress toward making sure all equipment is properly
sterilized. Read Full Story ...Football with Frank: NFL season kickoff, Rams prediction
2010-09-09 07:42:30 ksdk.comFootball with Frank: NFL season kickoff, Rams prediction Read Full Story ...
Tractor-trailer drives off I-64, into wooded area
2010-09-09 07:41:27 kmov.comIllinois State Police were called to the scene after a tractor-trailer ran off the road. Read Full Story ...
Pastor plans to burn Koran despite appeal
2010-09-09 07:12:13 Globe-Democrat.comThe pastor of a Gainesville, Fla., church says he'll burn at least one Koran Saturday, despite meeting with the imam of the Islamic Society of Central Florida. Read Full Story ...
Hey Heidi! How do I get involved with Habitat for Humanity?
2010-09-09 07:03:16 ksdk.comHey Heidi! How do I get involved with Habitat for Humanity? Read Full Story ...
Obama: Emanuel would be 'terrific' Chicago mayor
2010-09-09 06:45:41 ksdk.comObama: Emanuel would be 'terrific' Chicago mayor Read Full Story ...
Chick-fil-A fanatics camp out to win free food
2010-09-09 06:31:40 ksdk.comChick-fil-A fanatics camp out to win free food Read Full Story ...
New Hampshire woman killed in Warren County crash
2010-09-09 04:43:51 ksdk.comNew Hampshire woman killed in Warren County crash Read Full Story ...
Mo. audit blasts Enterprise Zone programs
2010-09-09 00:30:00 STLToday.comMissouri Auditor Susan Montee issued a report Wednesday that was highly critical of oversight of a major state economic development program. Read Full Story ...
St. Louis sheriff's deputies linked noose to racism
2010-09-09 00:25:00 STLToday.com
Sheriff's deputy William "Pat" Hill gasped for breath when he
saw a hangman's noose dangling from pipes near a prisoner holding
area at the St. Louis Civil Courts Building, a co-worker testified
Wedne Read Full Story ...St. Louis to build bike center for commuters
2010-09-09 00:25:00 STLToday.com
St. Louisans who cycle to their downtown jobs will soon have a
spot to park their bikes, store their clothes, shower ? and maybe
even get a latte. Read Full Story ...Drivers to face several interstate closures this weekend
2010-09-09 00:20:00 STLToday.com
Missouri transportation officials will close eastbound Highway
40 (Interstate 64) between 22nd and Eighth streets this weekend and
will significantly restrict traffic on the Poplar Street Bridge in
bo Read Full Story ...Art from ladders displayed in church lawn
2010-09-09 00:19:23 ksdk.comArt from ladders displayed in church lawn Read Full Story ...
Arch corrosion continues unabated
2010-09-09 00:15:00 STLToday.com
Severe corrosion has continued inside the Gateway Arch with no
significant effort to try to stop, fix or record it, according to
newly released documents from the National Park Service. Read Full Story ...Alleged abuser sues over website
2010-09-09 00:10:00 STLToday.com
The pastor of a Fenton Pentecostal church is suing the author of
a website that accuses him of sexually molesting a 12-year-old
girl. Read Full Story ...Study: Venues with smoking have more nicotine in air
2010-09-09 00:10:00 STLToday.com
Ventilation systems in St. Louis bars and restaurants don't
protect employees and patrons from secondhand smoke, according to a
new study. Read Full Story ...Man arrested in Pine lawn murder
2010-09-09 00:05:00 STLToday.com
Devarick Thompson, 28, attracted attention to himself when he
refused to pay his fare at the MetroLink station near Interstate 70
and Hanley, officials said. The next thing he knew, he was getting
arr Read Full Story ...Therese Shelton helped Johnny Londoff raise millions for kids
2010-09-09 00:00:00 STLToday.comTherese Shelton, former executive director of the Variety Club, who, together with the late Johnny Londoff Sr., raised millions of dollars for children's charities, died Monday (Sept. 6, 2010) at her Read Full Story ...
Whats Up Heads Up
2010-09-09 00:00:00 STLToday.comNavy Week speech ? Retired Rear Adm. Chuck Williams will speak at 8 a.m. today at the St. Louis University John Cook School of Business at St. Louis University, 3674 Lindell Boulevard, on "Maritime Read Full Story ...
Webster U. unveils $55 million fundraising drive
2010-09-09 00:00:00 STLToday.comWebster University on Wednesday announced a new capital fundraising campaign aimed at collecting $55 million for a variety of purposes, including a classroom building and new scholarships. Read Full Story ...
2010-09-09 00:00:00 STLToday.com
ST. LOUIS COUNTY > Superintendent's health care perk draws fire ? A deal that keeps Ferguson-Florissant Superintendent Jeff Spiegel in the position through the end of the school year by giving hi Read Full Story ...
2010-09-09 00:00:00 STLToday.com
WELLSTON > Student shot near Normandy High ? A 10th-grade student was shot in the leg across the street from Normandy High on Wednesday, shortly after school let out. The student, who was taken b Read Full Story ...
Metro East broadens support for levee fight
2010-09-09 00:00:00 STLToday.comCivic leaders are enlisting more muscle in the fight to hold back new federal flood standards until Metro East levees can meet them. Read Full Story ...
Another Go at I-44 Restriping
2010-09-09 00:00:00 fox2news.comDriving down 44 Thursday could be hassle. Know before you go. A re-striping project that has been in the works for several months continues Thursday on Interstate 44. If you've driven this area as it's happening ,then you know there are inevitable delays as certain lanes have to be closed. Construction crews are only working on westbound Thursday and the work starts after 9:00 a.m. so it won't be impacting Friday morning commute. Read Full Story ...
Heavy Tropical Rains Could Overflow Area Streams, Creeks
2010-09-09 00:00:00 fox2news.comRemains Of "Hermine" Mixing With Warm Front To Produce Steady Rain
The remains of Tropical Storm Hermine will move across the St. Louis area Thursday afternoon into Thursday night. The storm will produce a band of heavy rain from eastern Oklahoma across southern Missouri and northern Arkansas into southern Illinois. Because of this threat, Flash Flood Watches have been issued for much of the region. Rainfall totals could be between 1-3", with the heaviest rains falling along and south of Interstate 70 is Missouri and Illinois. Read Full Story ...
Texas Man Charged With Unlawfully Soliciting Funds For War Heroes Memorial
2010-09-09 00:00:00 fox2news.comFamilies Of Fallen Soldiers Here In St. Louis Donated To Cause
On Thursday, the Texas Attorney General charged U.S. Fallen Heroes Foundation chairman Evan Walter Coleman of Mansfield, TX with diverting the organization's charitable funds for his personal use. Coleman, who also goes by Walter E. Coleman, said he founded the U.S. Fallen Heroes Foundation in March 2010 so that it could construct a national memorial outside Arlington, Texas for Iraq, Afghanistan and Gulf War veterans. Read Full Story ...
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