Description: Plaintiff underwent surgery, including a calcaneal osteotomy, after which her doctors ordered the application of recirculating cold therapy using an electrically controlled cold therapy device. Approximately four days post-surgery, plaintiff was diagnosed with an ankle infection allegedly resulting in severe, permanent pain and reflex sympathetic dystrophy (RSD). Plaintiff brought strict liability and negligence claims against the manufacturer of the recirculating cold therapy unit. She alleged the pad through which the cold water was recirculating leaked, causing an infection at the surgical wound. We tried the product liability matter in Jackson County, Missouri. The Jury returned a defense verdict on behalf of our client. At trial, plaintiff’s counsel admitted into evidence numerous reports to the Food and Drug Administration (FDA) detailing other incidents in which substantially similar pads from the same manufacturer leaked. Despite this evidence, the jury found the recirculating cold therapy device was not the cause of the infection. In post-trial interviews, the jurors remarked that, though the pads for the device were defective for their lack of an appropriate warning of the risks of puncture and leakage, the onset of plaintiff’s infection was not caused by the alleged leak.

Description: We represented a railroad equipment manufacturer in a fire claim that resulted in property damage stipulated at $5,400,000. Plaintiffs were represented by the Robins, Kaplan, Miller, and Ciresi firm from Minnesota. After numerous onsite inspections with the aide of the clients and experts, our client was left with no defense to the cause and origin of the fire, which was started by an oxyacetylene torch. Unable to reach a reasonable compromise, we employed a novel approach by admitting that our client caused the fire and then developing evidence of transfer of control to prevail on a borrowed servant doctrine defense. The jury ultimately understood the subtle legal distinction we developed and returned a defense verdict.

Description: Achieved defense jury verdict in product liability claim against German medical device manufacturer. Prior to trial, we prevailed on Motion for Summary Judgment to eliminate wrongful death component of case and Daubert motions restricting use of plaintiff's experts. See Barbara Hilton, et. al. v. Horcher GmbH, 03-6084-CV-SJ, U.S. Dist. Court, W.D. Missouri.

Description: After assuming responsibility for case just before trial, developed defense based on computerized animation and expert reconstruction of event and obtained jury verdict of zero fault for design engineer client in multi-million dollar action filed in U.S. District Court for the E.D. Florida arising out of design of railroad crossing at which Amtrak train collided with specialized vehicle transporting turbine for a power plant in Kissimmee, Florida. (1997) Affirmed on appeal. National R.R. Passenger Corp. v. Rountree Transport and Rigging, Inc., 286 F.3d 1233 (11th Cir. 2002).

Description: Obtained defense verdict in case involving a patient who sustained permanent neurologic injury during an operative procedure. Plaintiff alleged injury was the result of product used by the health care team during the procedure. (May 2003).

Description: Obtained defense verdict while representing a large exercise equipment manufacturer whose product was alleged to have caused a large and costly fire at an apartment complex. (The Travelers Indemnity Co. of Illinois as subrogee of Executive Affiliates, Inc. v. Fike Corporation d/b/a Fitness Showcase, et al. in The District Court of Johnson County, Kansas, 00CV06427).

Description: Obtained jury verdict for client lawyer in defense of malicious prosecution action filed in Johnson County, Kansas, District Court. (Goss v. Reid, affirmed on appeal, 242 Kan. 782, 751 P.2d 131 (1988)).

Description: Using plaintiff's business records to undermine the credibility of plaintiff's witnesses on cross-examination, we successfully obtained jury verdict and damages in excess of $1 million on ductile iron pipe manufacturer client's counterclaim for fraud, price fixing and commercial bribery in the large diameter water pipe distribution industry. See, opinion denying plaintiff's motion to dismiss RICO counter-claim. O'Connor v. Midwest Pipe Fabricators, Inc., 660 F. Supp. 696, RICO Bus. Disp. Guide 6709 (D. Kan. 1987), and post-trial appeal addressing execution issues, 972 F.2d 1204. (10th Cir. 1992).

Description: In January 2002 successfully enforced an arbitration clause to obtain dismissal of our client from a $700 million lawsuit in the W.D. Wa. Federal court arising out of a pipeline rupture and resulting massive gas spill, deaths, personal injury, property damage and economic loss. The result was consistent with the case assessment and desired result determined within 90 days of retention.

Description: Developed legal argument disposing of alleged issues of fact to obtain summary judgment on real estate developer's claim of promissory estoppel and misrepresentation arising out of our client's alleged promise to enter into commercial lease. Affirmed on appeal in case often cited for modern application of law of promissory estoppel in commercial situations. Owasso Development Co. v. Associated Wholesale Grocers, Inc. 873 P.2d 212 (Kan.App. 1994).

Description: In a multi-million dollar case in the U.S. District Court for the W.D. Oklahoma alleging fraud and breach of contract in the prospective sale of a retail grocery business, we developed a legal argument from documents and depositions that resulted in dismissal of the contract claim and summary judgment on the fraud claim. The Tenth Circuit later affirmed this decision in GFF Corp. v. Associated Wholesale Grocers, Inc., 130 F.3d 1381 (10th Cir. 1997), a case often cited for the necessary elements of an oral contract in the business context.

Description: In July 2004, obtained a judgment in favor of our client in relation to a breach of contract action filed in Kansas state court. The judgment included an award of costs and attorneys' fees to our client.

Description: In October 2002 obtained judgment under F.R.C.P. 41 dismissing with prejudice a $42 million lawsuit filed in the N.D. Ok. Federal court alleging breach of contract, fraud and other theories arising out of our client's termination of a proposed acquisition of a grocery wholesaler. The court also awarded more than $1 million in costs to our client under Rule 41. The judgment and award for our client were consistent with the case assessment and desired result determined at the outset.

Description: Obtained judgment in favor of client in litigation involving misappropriation of trade secrets and confidential business information. Former employee misappropriated information significant to the client's strategic development, product research, and market position. (March 2004).

Description: In May 2003 obtained summary judgment dismissing a $27 million breach of contract and fraud action filed in the N.D. Ok. Federal court by a real estate developer as well as an award of over $600,000 for costs. The judgment and award for our client were consistent with the case assessment and desired result determined shortly after assignment of the case.

Description: Obtained summary judgment in complicated insurance matter for a large United Kingdom-based insurer. Allegations related to alleged violations of the United States Fair Debt Collection Practices Act, and the insurer's relationship with United States' counsel. (March 2003).

Description: In 2002, obtained summary judgment on the majority of the plaintiff's claims in a multi-million dollar product liability action arising out of defective conveyor equipment installed in an Idaho furniture factory. Reliance was placed on the economic loss doctrine to undercut the contractual indemnity claims to substantially limit potential exposure. See Automatic Systems, Inc. v. Rapid Industries, Inc., U.S. District Court, Western Dist. of Missouri, Case No. 97-1349-CV-W-3. The eventual summary judgment for our client was consistent with the initial case assessment and desired result determined at the outset of the litigation.

Description: We successfully arbitrated an extra work claim on a diesel engine power plant in El Salvador, recovering more than $4 million for our EPC client. A year later, successfully defended the same client in a jury trial brought by a sub-contractor also seeking to recover for extra work on the same project.

Description: In 2003 we received complete summary judgment in two related Federal Court class action suits involving allegations of Federal statutory violations against Certain Underwriters of Lloyd's of London along with the related brokers (See Kvassay, et al. v. Certain Underwriters at Lloyd's, et al., United States District Court for the District of Kansas, Case No. 00-1364-JMT; Stark, et al. v. Certain Underwriters at Lloyd's, et al., Case No. 00-1500-JMT. The eventual summary judgment for our client was consistent with the initial case assessment and desired result determined at the outset of the litigation.

Description: Represented owner in multi-million dollar action in U.S. District Court for the District of Kansas against designer and equipment supplier for errors in design of pharmaceutical plant; successfully appealed and obtained reversal of summary judgment for equipment supplier based on Uniform Commercial Code provisions concerning breach of warranty. Daitom, Inc. v. Pennwalt Corporation, 741 F. 2d. 1569 (10th Cir. 1984).

Description: After being requested to take over the case just prior to trial, developed new defenses and obtained favorable settlement for a mechanical engineering firm in multi-million dollar HVAC design claim filed by major hospital in U.S. District Court for the W.D. Tennessee. (2001).

Description: Compiled detailed claim narrative and, via a series of negotiations and presentations, recovered significant settlement on behalf of our client in relation to extra work performed on a single pylon, cable-stayed bridge in Mumbai, India.

Description: Utilizing expert accounting, scheduling analysis, and assessment of project records, compiled early assessment of defenses and presented the same to Japanese contractor which enabled our client, an EPC contractor, to resolve multi-million dollar delay claims arising out of design and construction of power plant in Pakistan, thereby avoiding costly ICC arbitration in Singapore.

Description: In October 2003 negotiated a favorable settlement and dismissal of a $29 million breach of contract action filed in St. Clair County, Illinois, District Court against our client arising out of the design and construction of Scott AFB Joint Use project. The settlement was within the case assessment prediction and desired result provided within 90 days of assignment of the defense.

Description: Using detailed analysis of project files and design drawings, we obtained damaging admissions from contractors' executives leading to substantial settlement for our client (owner) in breach of contract action against design/builders of 220,000 square foot warehouse in Ft. Scott, Kansas. Midwest Titan, Inc. v. Valu Merchandisers Company, Case No. 97C2514, District Court of Johnson County, KS. (1999).

Description: By developing substantial evidence of operator negligence and improper use obtained favorable settlement for EPC contractor client that designed and built gas turbine generator plant in El Salvador in a case brought by the El Salvadoran governmental agency in the U.S. District Court for the S.D. Fla. (1998).

Description: Obtained partial summary judgment in a Johnson County, Kansas, District Court arising out of defendant real estate investment trust's effort to evict client's business from building leased from the trust. Using aggressive discovery of defendant's corporate records, officers and board members, we obtained partial summary judgment and settlement in which our client was able to purchase building on favorable terms and recover its legal fees. (1996).

Description: In 2000, took over the prosecution of an important lawsuit for a major utility seeking to recover substantial damages for breach of contract and fraud against a large national software company. After analyzing the documents and deposing the defendant's key personnel, we obtained a multi-million dollar settlement for our client via mediation.

Description: Prosecuted an affirmative claim for a mechanical subcontractor in Wisconsin against a publicly traded general contractor arising out of the construction of a power plant and obtained a favorable settlement consistent with initial case assessment.

Description: In the spring of 2003, we successfully defended a five-week jury trial in St. Louis, Missouri involving a complex product liability case with punitive damage claims in which the plaintiffs argued they were entitled to in excess of $100,000,000. The eventual judgment was consistent with the initial case assessment and desired result determined at the outset of the litigation.

Description: In 2000, we successfully concluded the ten-year defense of our paint manufacturer client in a product liability/toxic tort suit filed in state court in Texas. Brought by over 5000 individual plaintiffs involved with the construction of nuclear power plants utilizing paint manufactured by our client and others, this case sought millions of dollars in damages. We obtained summary judgment dismissing the claims after a six-day hearing determined that the theories of plaintiffs' experts failed the Daubert test. (Now on appeal.)

Description: In April 2002, the United States Court of Appeals for the Eight Circuit decided in favor of our client and affirmed the District Court's dismissal of the wrongful death action arising out of the roll-over of a tractor. (See Kirkendoll v. Trustee of the Allis-Chalmers Product Liability Trust, 287 F.3d 706 (8th Cir. 2002))

Description: Represented international engineering firm in the negotiation and resolution of claims by the Commonwealth of Massachusetts for breach of contract arising out of cost overruns on the Central Artery/Tunnel construction project in Boston.

Description: Forced successful settlement on behalf of a dry cleaning equipment manufacturer in relation to a multi-million dollar claim asserted by worker who suffered crushing and burn injury on aged equipment. The settlement was consistent with our initial assessment.

Description: Defended HVAC supplier against claims made by Nevada casino regarding alleged performance deficiencies of heat pumps supplied. After brief and inexpensive discovery, casino offered to settle the matter for a fraction of their initial demand and well within the original case assessment.

Description: Obtained favorable settlement for petrochemical contractor client of multi-million dollar extra work lawsuit in Harris County, Texas, District Court arising out of construction of gas desulphurization plant for major oil company.