Business Litigation

Defended two physicians in a dispute over the dissolution of an extremely successful medical practice. Former partners to the medical group sought $4.8 million in damages for breach of fiduciary duty, breach of contract and a calculation of damages based on the buyout formula under a shareholder agreement. The case involved many complicated accounting issues and was unique to the medical practice. After an eight day arbitration before a panel of three Arbitrators, the panel determined that the plaintiffs’ damages would be limited to $350,000 for the buyout provision in his contract. The panel further declared our clients as successful parties for the purposes of attorneys’ fees which were paid to our client. 

Representation at trial of Anuhco, Inc. in a breach of contract/lender liability case against Westinghouse Business Credit which, after a six week jury trial, resulted in a verdict for the Polsinelli Shughart client in the amount of $70 million. The judgment was affirmed on appeal and paid with interest in an amount in excess of $81 million. 

Representation of co-lead counsel of a nationwide consumer class action against General Motors with a result of payments to thousands of GM customers at a value in excess of $20 million. 

Representation of a class of investors attacking an oil and gas company as a result of the roll-up of a Master Limited Partnership. After a four week class action trial in the Chancery Court of Delaware and the Delaware Supreme Court affirmed, approximately $63 million was paid to investors. 

Defended a winery, a vineyard and 75% of its shareholders and directors in a suit brought by 25% of the dissenting shareholders claiming the defendants had engaged in tortious conduct that had the effect of deflating the value of the stock of the organization. At the conclusion of the plaintiffs’ case the court directed a verdict for the defendants. 

Representation at trial of Block Financial Corporation, a subsidiary of H&R Block, in a breach of contract case against America On Line which involved the sale of CompuServ, Inc. to AOL. After a three week trial a verdict for Block Financial was obtained in the amount of $21 million which was subsequently affirmed on appeal. 

Defended an autoparts retailer in a Federal Court trial for damages for breach of a five-year requirements contract. Plaintiff sought $39 million. Our client claimed that plaintiff was due at most $3.9 million plus interest and attorneys’ fees. An offer was made in this amount and at the close of the defendants’ opening statement the plaintiff accepted the offer. 

Represented Trizec Corporation, a Canadian developer with a contract to develop the Kansas City, Missouri historical Union Station. Suit was instituted by the City of Kansas City, Missouri alleging breach of the contract. After a twelve week trial the jury returned a verdict in favor of Trizec Corporation and against the City.

Defended Robinson-Patman Act counterclaim in trademark infringement action; court entered summary judgment in favor of client. 

Represented major wireless telecommunications carrier in litigation with other carriers concerning charging access fees. Cases settled.

Represented franchisor of tax preparation services against former Kentucky franchisee that breached post-termination non-compete covenants. Case settled after court entered preliminary injunction in favor of franchisor.

Defended city and its ambulance trust against antitrust claims arising out of implementing sole-provider public utility model of ambulance service in Kansas City.

Defended telecommunication reseller in arbitration action brought by ILEC. Pending.

Defended wireless telecommunications provider against claims for breach of contract. Settled after favorable district court decision dismissing action and referring it to state regulatory agency.

Represented a number of independent trucking contractors against a large interstate commercial carrier for fraud in conjunction with a fuel program. Secured a jury verdict of $4.7 million following a lengthy trial in state court.

Settled an antitrust price-fixing and monopoly leveraging case brought on behalf of the State of Missouri, the State of Kansas and two local utility companies against two major oil companies and a natural gas pipeline for more than $400 million, the largest antitrust settlement ever achieved in Kansas or Missouri.

Representation of Plaintiff, claiming breach of contract and improper termination of business relationship resulting in damages in excess of $3,000,000 and a claim for punitive damages. The case was resolved after the second day of trial under successful confidential terms favorable to client.

Representation during a three month jury trial in which plaintiff alleged negligence and fraud in business transaction. Jury verdict in favor of plaintiff against multiple defendants for $1,000,000.  Awarded to client for personal guarantee of payment under contract counterclaim.

Prosecuted litigation involving breach of contract and UCC warranty claims. Plaintiff demanded remainder of payment due while defendant claimed defect in the product. Case settled in mediation.

Trial counsel for a small cable television company claiming antitrust and tort interference violations by a major cable television company. After a five-week jury trial and full appeals, the client received approximately $43 million.

Lead trial counsel for a small, high tech start-up company claiming contract violations and various business torts against a major U.S. tire company in a six-week jury trial in the Boulder District Court. A seven figure jury verdict was obtained, and the case was settled on appeal.