Results

Plaintiff's Cases

Antitrust

Bay State Transit Services, LLC v. Amtrak, et al., United States District Court for the District of Columbia (2002). Represented transit service company in antitrust action against Boston’s light rail transit authority, Amtrak, and various railroad unions for restraint of trade and anti-competitive activity, an illegal tying arrangement and attempts to monopolize. The case resulted in a confidential settlement.

Bad Faith Claim Against Surety

St. Paul Fire & Marine vs. Artnz, Superior Court of Contra Costa, California (1994). Represented general contractor in bad faith claim against surety as a result of an indemnity action brought by surety and surety’s refusal to write further bonds, in violation of oral agreement. Further claimed that surety prevented contractor from obtaining a bond from other sureties by giving general contractor poor recommendations, thereby precluding general contractor from obtaining public bonds, resulting in lost profits. Obtained $116 million verdict; $16 million compensatory damages; $100 million in punitive damages; confidential settlement reached on appeal.

Civil Rights Class Action

Rivarde, et al. v. Kansas City, Missouri School District, et al.; United States District Court for the Western District of Missouri (1989). Represented subset of black school children and parents seeking voucher to attend private schools as part of a broad desegregation action. Featured in magazines and papers across the country, including the New York Times, the Wall Street Journal, and Newsweek. Appeared on NBC's Today Show and various national and local radio programs.

Copyright Infringement

Jantsch Architects, Inc. v. Maefield Development Corps., United States District Court for the Western District of Missouri (2006). Currently representing architectural firm in copyright action against a former officer and clients for illegal use of copyrighted architectural plans for large retail centers.

Development Rights to Waste-to-Energy Facility

Herzog Contracting Corp. v. North County Resource Recovery Association, United States District Court of the Southern District of California (1998). Represented owner of development rights to waste-to-energy facility in San Diego, California in $11.4 million claim against developer regarding development rights. In the middle of a four-week jury trial, a mediated settlement was brokered, resulting in confidential settlement and payment to client.

Insurance Non-Compete

R. E. Miller Ins. Agency v. Speiss, et al.; Circuit Court of Jackson County, Missouri (1998). Represented insurance agency in action to enforce its covenant of non-competition against former employee. Following a multi-day trial to the court, obtained judgment in favor of client for permanent injunction against former employee and the new employer of former employee, as well as an award of attorney fees.

Manufacturing Non-Compete

McQueeny-Lock Manufacturing Co., et al. v. Jere Kimmel, District Court of Johnson County, Kansas (2004). Represented manufacturing company in an action to enforce its Covenant of Non-Competition against former employee. Following a multi-day trial to the Court, obtained judgment in favor of client and monetary award.

Mortgage Banking - Shareholder Dispute

Ives, et al v. McGannon, District Court of Johnson County, Kansas (2004) Represented individual in action brought by business partners regarding contribution and indemnity obligations; counterclaimed for contribution; defeated claim in excess of $250,000 and obtained judgment on counterclaim in the amount of $95,078. Judgment was affirmed on appeal and full amount collected.

Physician Non-Compete

Michael Stiles v. Hunkeler Eye Center, Circuit Court of Jackson County, Missouri (2002) Represented physician in action for declaratory judgment concerning physician’s compliance with non-compete terms of employment agreement and the notice that the defendant medical practice is required to give to patients of physicians regarding their right to records and to the physician of their choice. Following trial to the court, obtained judgment in favor of client regarding compliance with non-compete covenant and the right for notice to be given to physician’s clients, the right to files, and the location of his new practice.

Physician Non-Compete

Wiles et al. v. LCA Vision, Inc., United States District Court for the District of Kansas (2006). Represented ophthalmologist and ophthalmology practice in an action for injunctive relief, breach of contract and tortious interference against publicly traded physician management group. Obtained preliminary injunction. Damage phase of litigation is still proceeding.

Real Estate – Adverse Possession

Craig and Mary Whitaker v. Bernard and Karen Huff, District Court of Johnson County, Kansas (1998). Represented land owner in a prescriptive easement action against adjoining land owners in Mission Hills, Kansas seeking to have property line redrawn on basis of adverse possession. Following three day trial to the court, obtained a verdict in favor of client that resulted in redrawing of property boundary. Judgment was appealed to the Kansas Court of Appeals where an affirmation of the lower judgment was achieved.

Trade Secrets Act / Computer Tampering

Jantsch Architects, Inc. v. Scott Slaggie, et al., United States District Court for the Western District of Missouri (2006). Currently representing architectural firm in action against former officer for theft of trade secrets, computer tampering, breach of fiduciary duty, and copyright infringement. Matter is currently proceeding in the United States District Court for the Western District of Kansas.

Trust & Estate Malpractice

Estate of John J. Sullivan v. Ernst & Young, et al., Circuit Court of Jackson County, Missouri (2003). Represented estate of deceased banker in $4 million claim against accounting firm for accounting malpractice and against lawyer for legal malpractice as a result of erroneous advice given to trustees of estate in the administration of the estate and in the sale of publicly traded stocks. Confidential settlement reached shortly prior to trial.

Vehicle Leasing Business – Non Compete

Transportation Corporation of America, et al. v. Donald C. Thoms, et al.; District Court of Johnson County, KS (2006). Represented a vehicle leasing business and majority owner in an action for injunctive relief and money damages against former manager and part-owner for violation of covenant not to compete and for money damages for fraud, breach of fiduciary duty and other financial improprieties. Injunctive relief was tried to the court; and a permanent injunction granted. Also obtained contempt of court order against defendant.

Wrongful Death

Represented plaintiff widow and family members in wrongful death case of husband/father involving a defective consumer product. Confidential settlement reached after minimal discovery.

Represented widower and young children in personal injury and wrongful death case; obtained maximum recovery for clients under various insurance policies without initiating a lawsuit.

Construction

Apartment Complex
DiCarlo/Armstrong vs. Renaissance Development Corp., District Court of Cleveland County, Oklahoma (2002). Represented general contractor joint venture in $1.2 million claim against apartment complex developer for additional costs incurred as a result of design changes; defended against owner’s claims of improper workmanship. Confidential settlement prior to trial.

Aquatic Center
Carrothers v. Dunnihoo, District Court of Miami County, Kansas (2009). Represented general contractor in disputes with subcontractor on municipal aquatic center for the City of Falls City, Nebraska. Following a trial to a 12-person jury, obtained judgment in favor of the general contractor on general contractor’s affirmative claims and defeated all counterclaims by masonry subcontactor. The trial court subsequently entered judgment awarding attorney fees to the client.

Augered Piles on Underground Storage Facility – Differing Site Condition
Berkel & Company v. Preload American Arbitration Association (2000). Represented subcontractor responsible for installing underground concrete piles for the construction of an underground storage facility; prosecuted claim for additional costs for differing site conditions; general contractor claimed piles were improperly installed. Settled prior to arbitration for full amount sought by subcontractor.

Bridge – Misrepresentation / Implied Warranty
Massman v. Missouri Highway and Transportation Commission, Circuit Court of Cole County, Missouri (1990) Represented bridge contractor in $2 million claim against highway department for additional costs incurred when contractor encountered unknown debris and other materials in the construction of footings for a bridge across the Missouri River near St. Louis, Missouri. Obtained jury verdict in the amount of $2 million.

Bridge – Misrepresentations / Implied Warranty
Massman Construction Co. v. Missouri Highway and Transportation Commission, Circuit Court of Cole County, Missouri (1996). Represented bridge contractor in retrial of earlier case concerning additional costs incurred. Contractor encountered unknown debris and other materials in construction of footings for a bridge across the Missouri River. Following a 7-day jury trial, obtained a jury verdict in the amount of approximately $850,000. Following appeal, settlement was reached and payment made.

Bridge – Misrepresentation / Implied Warranty
Newberg/Perini v. Highway and Transportation Commission, Circuit Court of Cole County, Missouri (2001) Represented bridge builder in action against highway department for additional cost incurred when contractor encountered underground debris and other unknown conditions during construction of bridge over Missouri River. Following two-week jury trial, obtained favorable verdict of approximately $1 million. Obtained payment in full of judgment amount, plus interest.

Convention Center – Concrete Pylons – Defective Work
Chicago Forming v. Walton Construction Company, Western District of Missouri (1993). Defended general contractor from claim by concrete subcontractor regarding the construction of concrete pylons for the suspended roof on the expansion of the Bartle Hall Convention Center in Kansas City, Missouri; prosecuted counterclaim for delays and defective work by concrete subcontractor. Obtained judgment in favor of general contractor in the amount of approximately $380,000; successfully defended judgment on appeal before the Eighth Circuit.

Dredging – Marina and Casino
L. W. Matteson Construction Co. v. City of East Peoria, Illinois, American Arbitration Association (1997). Represented dredging contractor in $500,000 claim against the City of East Peoria for additional costs incurred as a result of City’s suspension of work on project. Obtained arbitration award in the amount of $383,824.75. Obtained payment in full of arbitration award, plus interest.

Dredging – Lake
L. W. Matteson Construction Co. v. City of San Angelo, Texas, American Arbitration Association (2005). Represented general contractor in $1.2 million claim against city as a result of dredging contractor encountering unanticipated rock in the dredging of Lake Nasworthy. Settled prior to arbitration hearing.

Flood Control – Design Changes and Differing Site Conditions
DiCarlo v. U. S. Army Corps of Engineers, Board of Contract Appeals (1996). Represented general contractor in claim in the amount of $1.1 million for additional costs incurred for the construction of flood control improvements at the Department of Energy’s facility in Kansas City, Missouri, as a result of certain design changes and differing site conditions. Compromised settlement with the government prior to trial.

Flood Improvements – Misrepresentation
Mine Service, Inc. v. City of Dallas, United States District Court for the Northern District of Texas (1999). Represented general contractor in action against City for breach of implied warranty as a result of misrepresentations concerning the condition of subsurface materials to be used for the construction of an embankment for flood improvements. Following a three-week jury trial, obtained a verdict in the mount of $3,051,318.

Highway – Delays and Interference
Edward Kraemer & Sons, Inc. v. Kansas Department of Transportation, District Court of Johnson County, Kansas (1996). Represented highway and bridge contractor in claim against Kansas Department of Transportation for delays and interference to construction of road improvements. Following a trial to a jury, obtained a verdict in favor of client.

Highway – Delays
Edward Kraemer & Sons, Inc. v. Colorado Department of Transportation, American Arbitration Association (2003). Represented Wisconsin highway and bridge contractor in a $2.6 million claim against state highway department for additional work and delays associated with the construction of a frontage road, bridges, and roadway for I-25 Highway near Longmont, Colorado. Settlement reached during arbitration hearing.

Highway – Defective Specification
Edward Kraemer & Sons, Inc. v. Colorado Department of Transportation, Administrative Appeal (2005). Represented Wisconsin highway and bridge contractor on a claim against state highway department for additional cost when state reneged on commitment to allow the use of fly ash to stabilize the soil. After two-year administrative process, a settlement was achieved in the amount of $4.3 million.

Highway – Differing Site Condition
Damon Pursell v. Missouri Department of Transportation, Circuit Court of Cole County, Missouri (2007). Represented Missouri earthwork contractor in a claim against the Missouri Department of Transportation for breach of warranty ex contractu as a result of misrepresentations in the plans and specifications concerning the quantity and type of subsurface material that the contractor would anticipate. Following a week and a half trial, the jury returned a verdict in favor of the contractor for the full amount sought, resulting in a $3.8 million judgment.

Indian Casino
Walton Const. Co. v. Chukchansi Gold Resort Casino, American Arbitration Association (2004). Represented general contractor in multi-million dollar claim against Indian tribe for additional costs as a result of extra work performed in the construction of an Indian gaming casino outside Yosemite National Park in California. Also defended resulting claims by unpaid subcontractors. Reached confidential settlement prior to trial.

Landscaping
Edward Kraemer & Sons, Inc. v. SaBell’s Landscaping, American Arbitration Association (1994). Represented general contractor in action against landscaping subcontractor for breach of contract and for failure to replace and maintain plantings. Following multi-day arbitration, obtained award in favor of client for the full amount of prayer, plus interest and attorney’s fees.

Power Plant -Steel Fabrication
Alamo Iron Works v. Schuff Steel, American Arbitration Association (2009). Represented national steel erection company in defense of multiple claims by steel fabricator in excess of $2.5 million. Fabricator claimed oral modifications to the contract and fraud. Defeated all fraud allegations and over 90% of contractual based claims.

Retirement Condominiums – Concrete Placement
Concrete Placement, Inc. v. Stolte, Inc., District Court of West Palm Beach, Florida (1992). Represented concrete subcontractor against general contractor to recover additional costs as part of the construction of retirement condominiums in West Palm Beach, Florida. Following a two-week trial, obtained verdict in favor of subcontractor.

Road Construction – Delays
Edward Kraemer & Sons, Inc. v. The Cities of Overland Park and Merriam, Kansas District Court of Johnson County, Kansas (1994). Represented highway and bridge contractor in $1 million claim against the cities for delays to major road improvements and bridge construction. Obtained jury verdict in the amount of $726,860. Successfully defended judgment on appeal to the Kansas Court of Appeals and collected full amount of judgment, plus interest.

Road Construction – Interference
Edward Kraemer & Sons, Inc. – Missouri Department of Transportation, Administrative Appeal before Missouri Department of Transportation (2007). Represented Wisconsin road and bridge builder in an action against state highway department for interference caused by the construction of the Cardinal Stadium in St. Louis, Missouri and for differing site condition. After a lengthy administrative process, achieved $3.9 million settlement.

Road Construction — Utility Interference
D. F. Freeman Construction Company v. City of Shawnee, Kansas; District Court of Johnson County, Kansas (2007). Represented road contractor in action against the City of Shawnee, Kansas for damages incurred as a result of misrepresentations in the plans and specifications concerning the status of utilities on the project and the resultant delay and interference to the contractor’s work. Shortly before trial to the jury, the City agreed to a settlement in the amount of $820,000.

Road Construction – Utility Interference
Loch Sand and Construction Company v. City of St. Joseph, Mo; Circuit Court of Buchanan County, Missouri (2003) Represented road contractor in action against City of St. Joseph, Missouri for additional costs incurred as a result of the City’s failure to relocate utilities prior to construction. Following three days of trial to a jury, case was settled mid-trial for $485,000.

Road Construction – Utility Interference
Loch Sand and Construction Company v. City of Blue Springs, Mo., Circuit Court of Jackson County, Missouri (1994). Represented road contractor in an action against the City of Kansas City for claim against City for costs incurred as a result of City’s failure to relocate utilities prior to contractor’s commencement of work and the resulting interference to the contractor’s work. Settled prior to trial for $1.6 million.

Road Construction – Utility Interference
Loch Sand and Construction Co. v. Missouri Highway Transportation Commission, Circuit Court of Cole County, Missouri (1995). Represented road contractor in action against the Department of Transportation for damages caused as a result of the failure to remove utilities and the resultant delay and interference to the contractor’s work. Shortly before trial to the jury, the defendant Highway Department agreed to a settlement in the amount of $829,000.

Sanitary Sewer – Differing Site Condition
Hoes Unlimited v. City of Trimble, Missouri, American Arbitration Association (1997). Represented utility pipe contractor in claim against city for differing site conditions in the form of variable soils encountered during the placement of sewer pipeline. Following a one-week arbitration hearing, obtained award in the full amount of the prayer; obtained payment in full, plus interest.

University Computer Center – Architectural Metal
A. Zahner Company v. Karas, American Arbitration Association (2004). Represented architectural metal subcontractor in dispute with joint venture partner concerning performance of work on the Stata Computer Center at the Massachusetts Institute of Technology. Obtained favorable ruling.

University Fine Arts Facility
Truman State University v. Walton/Sparks Joint Venture, American Arbitration Association (2005). Defended general contractor joint venture against $1.6 million claim by university for alleged delays to the construction of a fine arts facility and performance hall; asserted counterclaim in excess of $1 million. Defeated university’s claim and obtained approximately $1 million award, plus interest that was paid in full.

Water Pipeline – Misrepresentation / Implied Warranty
Journagan Construction Co. v. City Utilities of Springfield, Missouri, Circuit Court of Greene County, Missouri (2001). Represented general contractor in $4.9 million claim against utility for breach of contract and implied warranties relating to the installation of a 36 mile long water pipeline from Stockton Lake to the City of Springfield, Missouri. Following a four-week trial, the jury returned a verdict in the amount of $4,931,056.

Waste Water Treatment Facility
Carrothers Construction Co. v. City of Dallas, Northern District of Texas; Fifth Cir. Ct. of Appeals (1996). Represented general contractor in $4.6 million claim against the City of Dallas, Texas regarding differing site conditions and design changes encountered in the construction of a waste water treatment facility. Following a three-week trial, the jury awarded general contractor the amount of its prayer, interest and attorney’s fees; successfully defended judgment on appeal to the Fifth Circuit Court of Appeals.

Defense Representation

Alleged Fraud

American Shizuki Corp. v. International Business Machines, Eighth Circuit Court of Appeals (2001). Represented defendant IBM in alleged fraud case where plaintiff claimed $8.5 million in damages. Obtained summary judgment in favor of defendant on all counts. Ruling affirmed by the Eighth Circuit.

Constitutionality of Affirmative Action Program

Electrical Corporation of America v. City of Kansas City, Missouri, et al., Western District of Missouri (2005). Represented women owned business in constitutional challenge to Kansas City, Missouri Affirmative Action Program. Constitutional challenge ultimately dismissed. Maintained client’s participation in Affirmative Action Program.

Civil False Claims

U.S. ex rel. Bahrani v. ConAgra, Inc., District of Colorado (2004). Obtained summary judgment in favor of defendant on all counts in an alleged civil false claims case. Plaintiff claimed $1.2 billion in damages.

Criminal Defense

United States v. Mountain Plains Construction Company, et al., United States District Court for the Western District of Missouri (1990). Represented in a week-long criminal jury trial the company accused of federal violations of the storage of explosives that exploded, killing six firefighters in Kansas City, Missouri in 1988.

Environmental

Truck Components, Inc., et al. v. Beatrice Company, Inc., et al., Seventh Circuit Court of Appeals (1998). Represented defendant Beatrice Company in complex environmental case where plaintiff claimed $30 million in damages in connection with acquisition and divestiture of a foundry plant. Obtained summary judgment in favor of defendant on all counts. The judgment was affirmed by the Seventh Circuit.

Intellectual Property Rights

Stanley J. Demster, et al. v. AirFixture, LLC, et al., Circuit Court of Jackson County, Missouri (2005). Defended LLCs and individual members in an action brought by a former member concerning ownership of intellectual property rights to heating and air conditioning technology. Obtained favorable confidential settlement.

Loan Agreement and Personal Guaranty

Enterprise Bank v. Lasik-1, et al., Represented company and individual guarantor in defense of action by bank to collect deficiency, interest, and attorney’s fees against corporation and against individual on the basis of personal guarantees. Negotiated successful work-out with bank, avoiding personal bankruptcy of client, resulting in significant write-down by bank, and renegotiation of loan at acceptable debt level and terms.

Mortgage Banking - Shareholder Dispute

Labor Union Grievance

Edward Kraemer & Sons, Inc. and Ironworkers Local No. 10, American Arbitration Association (1997) Represented general contractor in arbitration concerning a grievance filed by an Ironworkers local union, alleging violations of a collective bargaining agreement. The general contractor claimed that a National Agreement controlled over the local agreement and that it had complied with such an agreement. Following several days of arbitration, an award was entered in favor of the contractor and the grievance was denied.