Cases of Note
A sampling of complex litigation we have handled includes the following:
JC Nichols ESOP Litigation
Representation of former trustees of J.C. Nichols ESOP in $30 million breach of fiduciary duty class action claim filed in United States District Court for District of Western Missouri at Kansas City. Case settled.
Sri Lanka/Voice of America Tower Dispute
Defense of $15 million breach of contract action involving engineering claims surrounding construction of 13 communication towers in Sri Lanka for U.S. government. Served as lead trial counsel for contractor defendants in three week jury trial in Fairfax County Virginia. Represented international tower construction family of companies. Defense verdict entered in favor of Canadian parent company. Plaintiff’s verdict rendered against U.S. sub with few assets. Defense verdict in favor of parent company affirmed before Virginia Supreme Court.
Wayne Newton v. Shenandoah South, et al.
Representation of owners of Branson, Missouri theater in $50 million breach of contract and slander lawsuit brought by entertainer Wayne Newton. Case tried for one week in the United States District Court for District of Western Missouri at Springfield and then settled.
Tony Orlando v. Wayne Newton
Representation of entertainer Tony Orlando in multimillion dollar breach of partnership and fraud suit against entertainer Wayne Newton and theater owners. Suit filed in the United States District Court for District of Western Missouri at Springfield. Case successfully settled.
Liberty Mutual v. FAG Bearings
Representation as local counsel of insurance carrier in pollution exclusion coverage litigation surrounding ball bearings plant in Joplin, Missouri. Summary judgment in favor of client affirmed by 8th Circuit Court of Appeals.
ERC v. Mid-Continent Casualty
Representation of MCCC in $1,000,000 reinsurance dispute in District of Kansas. Case tried to court and verdict in favor of client.
Hemingford, Nebraska Tower Collapse
Lead counsel for tower property insurer following collapse of 2000’ broadcast tower in Hemingford, Nebraska. Participated in insurance company’s investigation into cause of collapse. Lead trial counsel in multimillion dollar coverage litigation in United States District Court of Nebraska. Successfully obtained judgment in client’s favor at trial which was affirmed on appeal before the 8th Circuit Court of Appeals.
Q-Serve Communications Bankruptcy
Lead trial counsel for Chapter 7 Trustee in multimillion dollar breach of fiduciary action brought against former directors and officers, major shareholders and founders of tower erection, maintenance and service company qServe Communications, Inc. Case successfully settled.
Campbell v. Bank of America
Lead trial counsel for commercial real estate broker in suit over commissions due. Case tried before arbitrator in Charlotte, North Carolina resulting in award and recovery of over $600,000 for client.
Iowa Tower Company Bankruptcy
Served as lead counsel for Canadian parent company during bankruptcy proceedings for U.S. subsidiary. Oversaw all bankruptcy filings and coordinated attorney involvement.
Directors and Officers Claims in Bankruptcy
Defense of $30 million breach of fiduciary claim brought by bankruptcy trustee against Canadian parent company and former directors of debtor. Negotiated eventual settlement including insurance company, largest unsecured creditors and others.
Missouri Tower Collapse
Trial counsel to Canadian tower companies following collapse of 2000' broadcast tower in Kirksville, Missouri. Three workers were killed. Defended numerous suits filed in U.S. District Court for Eastern District of Missouri at St. Louis and Adair County, Missouri. Federal case tried for one week and settled.
Jackson Mississippi Tower Collapse
Lead investigation and defense counsel for international tower companies following collapse of 2000' broadcast tower in Jackson, Mississippi in October, 1997. Three workers were killed. Hired all causation experts and served as personal counsel to companies in OSHA and Canadian Department of Labor investigations, negotiations with insurance carriers on business interruption and property replacement, and representation in numerous litigation filed in Mississippi state and federal courts.
Mantio North Carolina Tower Accident
Representation of international tower companies in litigation following helicopter collision with cellular tower. Case settled.
Texas Tower Accident
Personal counsel to international tower companies involving wrongful death case from tower accident pending in Houston, Harris County, Texas. Case eventually settled by insurance company.
Irving Evans v. Shepherd of the Hills
Defense of $200,000 breach of contract action involving sale of condominium project in Branson, Missouri. Lead counsel to defendant\buyer in three day jury trial in Taney County, Missouri. Defense verdict.
Burney/Snadon v. Bank of America
Injunction/declaratory judgment proceeding involving priority of liens on motel in Branson, Missouri. Tried to court in Taney County, Missouri. Represented subordinated lenders and successfully defeated Bank of America’s attempt to foreclose and successfully readjusted liens. Appeal to Southern District of Missouri who modified trial court order.
Grand Ramada v. Alliance Architects
Lead defense counsel in $8 million architectural negligence action. Successfully obtained summary judgment for architect client which was affirmed by Missouri – Southern District Court of Appeals.
Woodlands Property Owners Ass’n v. Shepherd of the Hills
Lead defense counsel in $300,000 breach of fiduciary duty action brought by condominium owners association against owner and former directors. Summary judgment obtained in favor of defendants.
Missouri Franchise Litigation
Lead plaintiff counsel to local construction contractor in breach of franchise action brought against international construction firm Butler. Case settled for confidential amount.
Chandler v. Canada Development Investment Corporation
Lead defense counsel to Canada Development Investment Corporation in multi-million dollar wrongful death and personal injury product liability action involving radiation equipment. Case dismissed in favor of client.
Morehead, Kentucky Tower Collapse
Lead counsel to tower contractor in collapse of 1300’ broadcast tower in Morehead, Kentucky. Hired engineering experts to defend subrogation action by general contractor’s insurance carrier and to pursue products liability claims against tower designer and manufacturer for tower defects. Case tried in United States District Court in Lexington, Kentucky. Jury verdict entered in favor of client finding tower design and manufacture to be defective. Successfully obtained punitive damage award in favor of client against tower manufacturer. Jury verdict affirmed an appeal to the 6th Circuit Court of Appeals.
Pete Franklin National Auto Sales v. Leon Cook
Lead Counsel for commercial insurance agent relating to automobile dealership professional malpractice/errors & omissions claims. Tried to jury in March, 2004. Jury verdict substantially less than amount offered over one year previously.
Lake Charles, Louisiana Tower Collapse
Lead counsel for property insurer following collapse of two 1600’ broadcast towers in the Lake Charles, Louisiana area.
Sprint Tower Case
Representation of industrial real estate developer in action to remove tower erected in violation of restrictive covenants. Case resolved when Sprint removed tower.
Georgia Tower Collapse
Lead counsel to tower owner following collapse of 1700’ broadcast tower in Georgia.
North Carolina Tower Collapse
Lead counsel to tower contractor in collapse of 1000’ broadcast tower in North Carolina. Suit filed on behalf of client in the Eastern District of North Carolina. Settlement reached with funds paid to client before start of discovery.
Hospital Casualty Company Receivership
Representation of the Receiver appointed by Oklahoma Insurance Commissioner to recover reinsurance proceeds owed by Employers Reinsurance Corporation to Hospital Casualty Company. Litigation in the United States District Court for the Western District of Oklahoma. Successfully obtained summary judgment resulting in an award of over $450,000 to client.
Sorkin v. Valley View
Co trial counsel to beneficiaries of trust in breach of fiduciary duty claim concerning sale of real estate owned by trust. Successfully obtained judgment against financial institution’s trust department following jury trial in Johnson County, Kansas. Also obtained pretrial settlement from defendant appraiser.
Eppinger v. Dusselier Concrete Flatwork
Lead trial counsel to concrete contractor in personal injury action following automobile accident. Case tried for one week to jury in Circuit Court of Jackson County, Missouri at Independence. Defense verdict obtained in favor of client. Other defendant found 100% responsible for $960,000 verdict.
Texas Litigation Involving Failed Cellular Tower Project
Lead trial counsel to tower contractor in case alleging breach of contract, breach of fiduciary duty, conspiracy and tortuous interference of contract. Case tried to jury for three weeks in Dallas County, Texas state court. Defense verdict on breach of fiduciary, conspiracy and other claims. Remaining claims resulted in damage award significantly below demand.
Kansas Commercial Litigation Involving Sale of Multi Million Dollar Television Station
Lead trial counsel to individual following sale of TV station in Topeka, Kansas. Suit alleged fraud, alter ego liability and breach of contract. Suit successfully resolved.
Missouri Professional Liability Coverage Litigation
Lead trial counsel for insurance carrier in professional liability claim concerning violation of the Fair Debt Collection Practices Act. Case pursued in the Federal District Court for the Western District of Missouri. Case successfully settled prior to protracted and lengthy discovery proceedings.
Missouri Insurance Coverage Litigation
Lead trial counsel to insurance carrier in bad faith case involving construction defect claims. Case pursued in the Federal District Court for the Western District of Missouri. Successfully obtained summary judgment in favor of insurer. Case settled on appeal.
Kansas Insurance Coverage Litigation
Lead trial counsel to insurance carrier in bad faith case involving rescission and declaratory judgment claims surrounding wrongful death of 22 year old mother. Case settled at mediation. Case pursued in Federal District Court for the District of Kansas.
Kansas Insurance Coverage Litigation Involving Construction Defects
Lead trial counsel to insurance carrier in coverage action involving construction defects in large subdivision. Matter resolved.
American Multi Cinema, Inc v. Developers Diversified Realty Corp
Lead trial counsel to international movie theater chain in commercial lease dispute involving common area maintenance overcharges by landlord. Tried case to the court in Kansas City, Jackson County, Missouri and received successful verdict of over $460,000.
Missouri Insurance Coverage Litigation
Lead trial counsel for insured driver in tort action and coverage action in Federal District Court for the Western District of Missouri. Successfully convinced driver’s insurer to pay amounts in excess of policy limits to settle claims of severely injured teen age girls due to failure to timely and adequately disclaim coverage and respond to policy limits demands. Case settled.
Colorado Mechanic’s Lien Litigation
Represented material supplier in mechanic’s lien litigation in Arapahoe County, Colorado. Successfully obtained settlement of claim for over $700,000 representing full value of claim plus interest.
Indiana Receivership Litigation
Represented former owner of Branson, Missouri hotel in action brought by federally appointed receiver to freeze and seize funds related to sale of hotel. Successfully defeated claims and obtained federal court approval to foreclose on secured lien on hotel.
Indiana Commercial Real Estate Arbitration
Lead trial counsel to international movie theater chain in commercial lease dispute involving claim of wrongful refusal by landlord to consent to assignment of movie theater lease at Indianapolis, Indiana shopping center. Client was tenant who asserted landlord breached lease by refusing consent. Three member arbitration panel found in favor of client and awarded $1.2 million in damages.
Refund Litigation before Missouri Public Service Commission
Lead counsel to owner of Missouri water and sewer company in dispute over refunds to customers. State agencies sought over $500,000 in refunds from client. Represented client in hearing before Public Service Commission and successfully defeated attempt to recover refunds.
OSHA Citation Contests
Lead counsel to multiple employers cited by Occupational Safety and Health Commission for work place safety violations. Successfully resolved matters resulting in withdrawal of citations and significant reduction of penalties.
Commercial Real Estate Litigation
Co-counsel for real estate developer in failed commercial and residential real estate project known as Citadel Plaza located in Kansas City, Missouri. Took lead role on real estate foreclosure issues related to completing $13 million settlement in favor of client.
Commercial Real Estate Litigation
Co trial counsel for real estate developer in failed commercial and residential real estate project known as Prospect North located in Kansas City, Missouri. Participated in all aspects of case leading to $6 million settlement in favor of client.
Quiet Title/Adverse Possession Litigation
Lead trial counsel in adverse possession litigation brought by clients to determine boundary for residential lot located in Lake of the Ozarks, Missouri. Following bench trial in Camden County, Missouri, all issues found in favor of client and title quieted in favor of client.
Equitable Garnishment/Bad Faith Insurance Litigation
Lead trial counsel and coverage counsel to multiple insurance carriers in equitable garnishment and bad faith litigation. Handled all aspects of cases including filing declaratory judgment actions, defending equitable garnishment and bad faith actions, trials to court and juries and appeals of judgments.
Lender Liability Litigation
Lead trial counsel to borrowers and contractors in multiple cases concerning liability of banks for wrongful foreclosure, breach of contract, breach of implied warranty of good faith and fair dealing and other causes of action.
Missouri Real Estate Litigation Concerning Tax Credit Transaction
Lead trial counsel to Missouri not for profit seller in breach of contract litigation brought against buyer and multiple limited liability partnerships for apartment complex in Kansas City, Missouri. Case settled with payment to client.
Kansas Real Estate Litigation Concerning Breach of Lease
Lead trial counsel to commercial shopping center owner in breach of lease action against tenant. Case settled with payment to client.
Missouri Condominium Association Litigation
Lead trial counsel for multiple homeowner’s associations at multiple properties who were subjected to various claims concerning dues assessments, disclosures of assessments, annual meeting voting issues and breaches of director fiduciary duties. Also hired to assert claims against unit owners for unpaid dues and assessments. Successfully resolved all matters.
Missouri Corporate Litigation
Lead trial counsel to former employee who alleged breach of contract to share in proceeds of sale of business. Matter successfully resolved with payment to client.
Missouri Corporate Litigation
Lead trial counsel to former member of Missouri business who disputed buyout offer from former partners. Matter successfully resolved with payment to client.
Missouri Promissory Note Litigation
Lead trial counsel to lenders who were not paid on monies lent to businesses. Pursued suits to litigation, obtained judgments and successfully garnished accounts for full amounts owed to clients.
Kansas Tower Collapse
Lead trial counsel to tower construction firm following collapse of wireless tower and resulting deaths of two crew members. Coordinated accident investigation and expert retention and consultation. Represented client in multiuple proceedings brought by OSHA, insurance companies and others. All matters reached successful resolution after multiple years of litigation.
Missouri Tower Litigation
Lead trial counsel to tower owner concerning declaratory judgment action for tower lease agreements. Matter successfully resolved for client.
Recreational Vehicle Propane Explosion Litigation in Missouri
Lead trial counsel to manufacturer of recreational vehicle following propane tank explosion and fire. Coordinated accident investigation and expert retention and consultation. All matters successfully resolved.
Missouri Trucking Nuisance Litigation
Lead trial counsel for trucking companies in litigation by homeowners alleging nuisance and property damage. All matters successfully resolved.