Mr. Kilroy's representative experience includes:
Accounting Litigation- Jury verdict for accountant affirmed on appeal. MidAmerican Bank v. Harrison, 851 S.W.2d 563 (Mo. App. W.D. 1993), in lender’s lawsuit to recover for negligent misrepresentation in audited financial statement. Actual knowledge of accountant that opinion would be given to lender necessary to lender's case.
- Summary judgment for accountant affirmed, Rajala v. Donnelly Meiners Jordan Kline, P.C. 193 F.3d 925 (8th Cir. 1999), on claims of valuation errors.
- Summary judgment for accountant affirmed in audit case. Premier Bank v. Deloitte & Touche, LLP, Johnson County (Kansas) District Court
- Directed verdict for accountant. Cerra v. Kline, Jackson County (Missouri) Circuit Court. Bank purchaser cannot recover for corporate mismanagement which was known before purchase.
Securities Litigation- Defense of Ernst & Young who gave a comfort letter in acquisition of a public company, TBG, Inc. v. Bendis, 891 F. Supp. 1538 (D. Kan. 1993)
- Sections 10(b) and 11. Liability of accountant cannot be based solely on statements of client, but must involve accountant’s knowledge of false statements. State of New Jersey v. Sprint, et al.
Antitrust, Trademark and Unfair Competition- Tying Arrangements. Summary judgment for Mobil in Franchise/TBA and gasoline tying case. Rice v. Mobil, 1980-2 CCH Trade Cases ¶ 63,355; Smith v. Mobil, 607 F.2d 1314 (W.D. Mo. 1987)
- Price Discrimination. Successfully obtained verdict for Trustee in bankruptcy of battery wholesaler against manufacturer for price discrimination under Robinson-Patman Price Discrimination Act. Henry v. Chloride, 809 F.2d 1334 (8th Cir. 1987)
- Unfair Competition . Conspiracy to eliminate competitor requires anti-competitive effect, and attempt to monopolize requires dangerious probability of success. H.J. Hodes v. Triangle Brass, 1982-1 CCH Trade Cases ¶ 64,701 (W.D. Mo. 1979)
Experts and Damages- Non-recourse contract is not a basis to recover damages for misrepresentation. Mprove v. KLT, Inc., 135 S.W.3d 481 (Mo. App. 204)
- Expert damage testimony is properly excluded as unreliable where based upon unsupported assumptions and projections. MeterLogic, Inc. v. KLT, Inc., 368 F.3d 1017 (8th Cir. 2004)
Employee Benefit Litigation (COBRA)- Class certifications denied. Constance Smith, et al. v. Borden, Inc., 1995 CCH Pension Plan Guide, ¶ 23,914S (W.D. Mo. 1995); Deanna Williams v. Borden, Inc., N.D. Alabama (1998) affirmed per curiam 161 F.3d 21 (11thCir. 1998)
Intellectual Property Litigation- Successfully defended infringement claims by owner of patents for pharmacy labeling forms. ABP Patent Holding, LLC v. Convergent Label Technology, Inc., 194 F.Supp. 2d 1257 (M.D. Fla. Jan. 25, 2002)
Product Liability- Jury verdict for the defendant affirmed, Cowens v. Siemens-elema SB, 387 F.2d 817 (8th Cir. 1988), in products liability action against a manufacturer of electronic lung ventilator
Real Estate- Landlord, not Mobil, responsible to pay for structural repairs under a pay "all repairs" provision of lease, Mobil Oil Credit Corp. v. DST Realty, Inc., 689 S.W.2d 658 (Mo.App. W.D. 1993)
Corporate/Commercial- Individual office can owe fiduciary duty to both entities in a business transaction. Preferred Physicians Mutual Management Group, Inc. v. Preferred Physicians Management Risk Retention Group, Inc., 961 S.W.2d 100 (Mo. App. 1998).
- Contract that has practical effect of being perpetual is not enforceable unless that intention is unequivocally expressed. Preferred Physicians Mutual Management Group, Inc. v. Preferred Physicians Management Risk Retention Group, Inc., 961 S.W.2d 100 (Mo. App. 1998).
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