Representative Work
- Defended owners and managers of the Sutherland Lumber Company of Kansas City in a shareholder derivative suit brought by shareholders alleging breach of fiduciary duty, mismanagement and corporate waste. After a multi-week trial, the jury returned a verdict in favor of each defendant on all claims made by the plaintiffs. Sutherland, et al. v. Sutherland, et al.; Case No. 0816-CV-13940, Division 13 (December 2009).
- Defended a private holding company in claim to pierce the corporate veil of subsidiary defendant trucking companies to parent. Underlying claim of damages for wrongful death of three persons with verdict of $15 million. Garrett, et al. v. CenTra, Inc., et al., Case No. 06-04137-CV-C-NKL in the U.S. District Court for the Western District of Missouri, Central Division (2008).
- Defended H & R Block in a breach of contract case by franchisee. William R. Smith, Inc., et al. v. H & R Block, Inc., et al. (Circuit Court of Jackson County, Missouri, jury trial, Case No. 99 CV 206379; October 2003).
- Represented plaintiff in a breach of contract case of H & R Block against AOL in a transaction involving the sale of CompuServe, Inc. to WorldCom, Inc. with a simultaneous transfer to AOL. Alleged breach of an agreement regarding the exclusive use of name and customer list for Block owned credit card portfolio. Case tried for three weeks with verdict for H & R Block and against AOL in the amount of $21 million (2002). Block Financial Corp. v. America Online, Inc., (affirmed) 147 S.W.3d 878 (Mo.App. W.D. Nov 09, 2004).
- Defeated plaintiff for class certification of a class of current and former minority employees, alleging racial discrimination, hostile work environment and retaliation. Lang v. Kansas City Power & Light Co. 199 F.R.D. 640 (W.D. MO 2001).
- Defended major utility in race discrimination claim of hostile work environment and retaliation. One week trial. Settlement demand of $700,000 with verdict of $45,000 (2002). Madrigal v. Kansas City Power & Light Co. (United States District Court, Western District of Missouri, jury trial, Case No. 99-0526-CV-W-2).
- Represented pharmaceutical manufacturing company on appeal only, in seeking to reverse Administrative Board's ruling entering Order of Sanctions against wholesale license for pharmaceutical company. Case reversed in favor of client by Missouri Court of Appeals. Transferred to Missouri Supreme Court and decision of Court of Appeals reversed. 43 S.W. 3d 306 (MO 2001). KV Pharmaceutical Company v. Missouri State Board of Pharmacy (Missouri Court of Appeals, Western District, October 1999).
- Successfully represented national trucking carrier defending the dismissal of a class action complaint by the District Court and seeking review of an administrative proceeding before the Department of Transportation/Federal Highway Administration. Argued before the Eighth Circuit Court of Appeals, 1999. Dismissal reversed and case remanded. Owner-Operator Independent Drivers Association, Inc. et al. v. New Prime, Inc., et al., and consolidated cases, New Prime, Inc., et al. v. United States of America, et al 192 F.3d 778 (8th Cir. 1999) (multiple appeals).
- Successfully represented Bank Midwest in obtaining reversal of actual and punitive damages which had been awarded against the bank in trial court. Killion v. Bank Midwest 987 S.W. 2d 801 (Mo. App. W.D. 1999).
- Represented Major League Baseball Players Association in the defense of a multiple count claim by manufacturers of baseball bats with "Louisville Slugger" trademark. Claims involved alleged misappropriation of trademark and tortious interference with contractual rights. Case was tried for three weeks, resulting in a "hung jury" and mistrial. This result allowed case to be subsequently settled. Hillerich & Bradsby, Co. v. Major League Baseball Players Association, et al (Case No. 3:96CV-265-R, U.S. District Court of Kentucky, Louisville Division, 1998, jury trial).
- Represented a law firm on appeal in a case claiming damages for the Kansas Public Employees Retirement System of $65 million for alleged legal malpractice/breach of fiduciary duty. The Court reversed the district court order denying the law firm's intervention in prior appeal and then upheld subsequent grant of summary judgment in favor of the law firm. KPERS v. Blackwell Sanders Matheny Weary & Lombardi 114 F.3d 679 (8th Cir. 1997) (multiple appeals).
- Represented Electronic Tire Technology, a start-up company in a breach of contract case against Goodyear Tire & Rubber Company. Case tried to a jury for 32 days in 1996 with a verdict in favor of our client in the amount of $1 million. Case settled during Appeal (1996). Electronic Tire Technologies, Inc. v. Goodyear Tire & Rubber Company, et al (Case No. 94-CV-108-5, District Court, County of Boulder, State of Colorado).
- Represented ACI, a national trucking company located in Kansas City, in a breach of contract case against Westinghouse Credit Corporation. Case tried for six weeks with a verdict in favor of our client in the amount of $70 million. Jury award affirmed and judgment collected. American Carriers Inc. v. Westinghouse Credit Corporation 883 S.W.2d 910 (Mo. App., 1994); Reh'g, Transfer denied, Mo. App. (1994); Transfer denied (Mo. 1994).
- Defended Canadian real estate corporation Trizec Corporation Ltd. in a suit by the City of Kansas City, Missouri involving the historic Union Station building in Kansas City, Missouri. Three-month trial resulting in a jury verdict in favor of Trizec Corporation Ltd. and against the city on all claims. City obtained a verdict against co-defendant. Case settled during the pendency of the City's appeal (1993). City of Kansas City, Missouri v. Trizec Corporation, Ltd., et al (Case No. CV88-24595, Circuit Court of Jackson County).
- Lead trial counsel for the State of Missouri in one of the major antitrust cases in this region. Claims under Section I and II of the Sherman Antitrust Act against several of the major producers and distributors of natural gas in Western Missouri and Eastern Kansas. All pretrial work completed over a three-year period with case projected for three months in courtroom. Case tried for 10 days before settlement of claims. Total settlement for all plaintiffs in excess of $200 million. (1991). In re. Wyoming Tight Sands (United States District Court for the District of Kansas, jury trial).
- Successfully represented plaintiff Central Telecommunications Inc. against nation’s largest cable operator TCI of Denver, Colorado. Antitrust claims under Section I and II of the Sherman Act and a claim for tortious interference claim, tried in the United States District Court for seven weeks. Obtained a verdict on each of the two antitrust counts of $10.8 million trebled to $32.4 million and a verdict on the tortious interference claim of $10.8 million plus $25 million punitive damages (total $35.8 million). Affirmed by the Eighth Circuit Court of Appeals; certiorari denied by the United States Supreme Court and judgment collected. Central Telecommunications, Inc. v. TCI 610 F.Supp. 891 (W.D. Mo. 1985), aff'd, 800 F.2d 711 (8th Cir., 1986), cert. denied, 480 U.S. 910 (1987).
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