17
Apr

KC’s Most Wanted sentenced

Written by Legal Sonar. Posted in Legal Decisions and Judgements

Shauntay Henderson, a 29-year old Kansas City woman who was on the FBI’s “Most Wanted” fugitive list, will serve prison time on a weapons charge.

Henderson was wanted for gang-related shootings.  She was reportedly a gang-leader.

She was sentenced yesterday in federal court to seven years and three months without parole.  Henderson was charged as felon-in-possession of a firearm.

Henderson pleaded guilty to the charge in October of last year.

According to the Associated Press: Henderson was arrested in March 2007 within hours of being placed [...]

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10
Apr

Attorney advises on free speech in workplace, political gabbers beware

Written by Legal Sonar. Posted in Legal Decisions and Judgements

Kansas City attorney Brian Finucane, partner at Kansas City’s Fisher & Phillips LLP office, recently advised that freedom of speech in the workplace maybe less free than one might assume.

While freedom of speech maybe more expansive for government workers, those same freedoms do no necessarily extend to the private-sector.

The powers of an employer to limit political speech range from a complete prohibition of political discussion to allowing only one point of view to be discussed.  An employee may be fired for her support of a candidate or position.  At-will workplaces open the door to discipline or firings for [...]

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06
Apr

KC Bishop faces trial after judge denies motions to dismiss

Written by Legal Sonar. Posted in Legal Decisions and Judgements

Jackson County Circuit Judge John Torrence denied motions to dismiss charges against Bishop Robert Finn of the Kansas City-St. Joseph Catholic Diocese.

The misdemeanor charge against Finn is based on “mandated reporter” laws, requiring school officials, clergy, and those working with children to alert immediately both law enforcement and child protective services if reason to suspect abuse or endangerment exists.

J.R. Hobbs, vice-president of Kansas City’s Wyrsch Hobbs & Mirakian law firm, asked Judge Torrence to dismiss charges against Bishop Finn, arguing that Finn was not [...]

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06
Apr

Payday loan proposal faces judge’s challenge

Written by Legal Sonar. Posted in Legal Decisions and Judgements

Cole County Judge Daniel Green struck down the cost estimate of a Missouri ballot measure to cap interest rates on payday loans.

This setback deals a blow to those groups seeking to take the issue to a vote in this year’s November election.

Proponents will have to regather all of their signatures if Judge Green is not overruled.  These signatures will have to be regathered by May 6th, the Missouri Secretary of State’s deadline for submission of petitions.

According to Judge Green, the summary and cost estimate were “inadequate” [...]

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05
Apr

Disbarred attorney indicted for stealing $650,000 from clients, murdered children fund

Written by Legal Sonar. Posted in Legal Decisions and Judgements

Yesterday, Harley Kent Desselle, a disbarred Independence attorney from Raytown, was indicted by a federal grand jury for stealing approximately $650,000 from three clients.

Desselle allegedly stole money from a memorial fund for two murdered children established in 2007.

After finding Desselle guilty of violating several rules of professional conduct, the Missouri Supreme Court disbarred him in 2009.  Amongst those violations were Desselle’s failure to safeguard client property, misrepresenting facts to clients, and engaging in dire conflicts of interest with clients.

Yesterday’s indictment includes six counts including [...]

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04
Apr

MO Supreme Court upholds non-economic damages cap, for now

Written by Legal Sonar. Posted in Legal Decisions and Judgements

In its 5-2 decision in Sanders v. Ahmed, the Missouri Supreme Court ruled yesterday that Missouri’s statutory limitations on non-economic damages in wrongful death suits are not unconstitutional.

The Court found that the statutory limit does not interfere with the jury’s ability to render a verdict or the judge’s task of entering judgment.  Instead, the limit informs those duties.

In addition, because the Court found that a claim for damages for wrongful death is statutory and not found at common law, the legislature was merely using the [...]

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30
Mar

Claims dismissed against Kutak Rock

Written by Legal Sonar. Posted in Lawsuits, Legal Decisions and Judgements

As Legal Sonar previously reported, Kutak Rock, an Omaha-based firm with an office in Kansas City, faced malpractice charges for representing the now-bankrupt insurance financier, Brooke Corp.

Brooke Corp’s bankruptcy trustee alleges that Kutak attorneys allowed an unlawful prolongation of the company’s existence despite its knowledge of its insolvency.

The malpractice claim seeks $10 million against Kutak for Brooke Corp.

Now, U.S. Bankruptcy Judge Dale Somers has thrown out those claims against Kutak Rock.

In his March 21st ruling, Judge Somers called it [...]

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29
Mar

Voter ID amendment struck down

Written by Legal Sonar. Posted in Legal Decisions and Judgements, Legislative updates/Politics

Cole County Circuit Judge Pat Joyce has struck down a propsoed amendment to Missouri’s Constitution.

The proposal would allow the State to require voters to show photo ID at polls on election day.  It would have gone for a vote before Missourians. 

Judge Joyce found the summary ballot langauge on which Missourians would have voted to be “insufficient and unfair.”

Judge Joyce argued two reasons for striking down the proposal.  The phrase “Voter Protection Act” is not included in the constitutional amendment.  While the summary states that the amendment would allow the [...]

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27
Mar

Highwoods sues tenants, clears more space

Written by Legal Sonar. Posted in Lawsuits, Legal Decisions and Judgements

Highwoods Realty Limited Partnership recently sued two Plaza restaurants for rent and one for possession.

SportsBarPlaza, LLC, principal for 810 Zone, was sued earlier this year for $451,862 for unpaid rent, with interest, attorney fees, and additional costs.  Highwoods also sought possession of the property in which 810 Zone currently operates.

Highwoods won a judgment for both possession and back rent.

That company will leave the Plaza, closing its door on April 5th.  810 Zone will reopen in Summit Woods in Lee’s Summit by midsummer in [...]

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27
Mar

Owing a $2.06m verdict, Blue Spring Ford seeks Chapter 11

Written by Legal Sonar. Posted in Legal Decisions and Judgements

After receiving a $2.06m verdict for the sale of a reconstructed automobile previously wrecked, Blue Springs Ford Sales Inc. seeks bankruptcy protection in order to delay payment.

Transferred from Delaware, the jurisdiction in which the dealership filed its Chapter 11 petition, Blue Springs Ford’s Chapter 11 case will be heard in U.S. Bankruptcy Court in Kansas City.

Michael and Kimberly von David received the sizable verdict in 2010 in Jackson County, receiving $171,520 actual damages, $1.75m punitive damages, and $137,070 attorney feels.

The Jackson County jury found [...]

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