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Experienced Nationwide Trial Lawyers

Stephen R. Miller

Steve has provided his clients with the highest quality legal services for over thirty-five years.  A number of his clients have been with him for that length of time.  One client summed it up this way:  “In my opinion, Steve’s expertise in the industry is second to none.  He is structured and disciplined in and out of the court room.”  Another client states, “Steve is very knowledgeable with the construction industry and the problems that we contractors face.  He has been able to bring resolution without having to go to trial, but if we have to try a matter, I’m glad I have Steve on my side.”

Steve focuses much of his practice on the construction industry but he is first and foremost a trial lawyer and, as such, handles cases in the areas of general business, labor, employment, real estate, legal and accountancy malpractice, products liability, personal injury, with a particular concentration in construction law.

Steve has litigated cases in over 20 states, appearing before a variety of tribunals including state and federal courts – both trial and appellate, arbitration panels, boards, and administrative tribunals.

The reported cases in which Steve has served as counsel are impressive for their breadth and for the important legal ground broken in several of them.  He has been involved in numerous cases throughout the country, including complex and precedent-setting cases.  By the age of 32, he had obtained his first multimillion-dollar verdict.  In 1993, he served as trial counsel in a one-month trial in San Francisco, California, that resulted in a $116.5 million verdict that was, at the time, the largest verdict of its kind in the country.

Although a trial lawyer at his core, Steve understands the toll – financial, emotional and psychological – of litigation and works with clients to resolve their disputes through a variety of alternative dispute resolution procedures including neutral evaluation and mediation.

Steve works closely with clients to counsel them on risk avoidance and best practices.

Steve is trained as a mediator and certified by the local courts. Steve is rated an AV® lawyer by Martindale-Hubbell.  His legal skill has been acknowledged on a regular basis by his peers who nominated him as “Best of the Bar” in the Kansas City Business Journal since 1999 and as a SuperLawyer in theSuperLawyer Magazine and Kansas City Business Journal since its inception in 2005.

Steve was appointed by Governor Jay Nixon in 2009 to the Missouri Highways and Transportation Commission where he served for seven years, and two terms as Chair, leading the seventh largest transportation system in the country – as he continued his law practice. The six-member Commission has authority over all state transportation programs and facilities, including bridges, highways, airports, railroads, mass transit, ports, and waterways. Steve has received the President’s Award from the Kansas City Metropolitan Bar Association and the Lifetime Achievement Award from America’s Top 100 Attorneys.

View Stephen R. Miller's Full Printable Profile.

CLSA Top Construction Lawyers Fellow America's Top 100 - Lifetiime Achievement Best of the Bar - Kansas City Business Journal AV Preeminent - Martindale Hubbell Lawyer Ratings Super Lawyers

Areas of Practice

Bar Admissions

  • Kansas
  • Missouri
  • U.S. District Court Western District of Missouri
  • U.S. District Court District of Kansas
  • U.S. District Court District of Arizona
  • U.S. District Court District of Colorado
  • U.S. District Court Western District of Wisconsin
  • U.S. District Court Northern District of Illinois
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 8th Circuit
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Federal Claims
  • U.S. Supreme Court

Education

  • Notre Dame Law School
    • Juris Doctor - 1983
  • University of Notre Dame
    • Master of Arts - 1989
  • University of Notre Dame
    • Bachelor of Arts - 1980

Articles, Papers & Presentations

  • American Bar Association, Forum on the Construction Industry
  • Construction Superconference, San Francisco, California
  • Center for International Legal Studies, Salzburg, Austria
  • Kansas City Metropolitan Bar Association
  • Lorman Seminars

Honors & Awards

  • America’s Top 100 Attorneys - Lifetime Achievement Award
  • Best of the Bar - Kansas City Business Journal
  • Martindale Hubbell - AV Highest Rating
  • SuperLawyers - SuperLawyer Magazine

Professional Associations & Memberships

  • American Bar Association
  • - Forum on the Construction Industry
  • - Section on Public Contract Law
  • - Section on Dispute Resolution
  • - Section on Tort and Insurance Practice
  • - Section on Litigation
  • Missouri Bar Association
  • - Construction Law Committee
  • Kansas City Metropolitan Bar Association
  • - Construction Law Committee
  • - Managing Partner Committee
  • Kansas Bar Association
  • Johnson County Bar Association
  • American Bar Foundation
  • Construction Lawyers Society of America Fellowship
  • Member, Diversity Law Institute
  • Member, Trial Law Institute

Civic & Charitable Activities

2009 – 2016: Steve was appointed by Governor Jay Nixon to the Missouri Highways and Transportation Commission. The six-member Commission has authority over all state transportation programs and facilities, including bridges, highways, airports, railroads, mass transit, ports, and waterways.

Steve helped found Turning Point, a center to assist patients and their families suffering from chronic illnesses, such as cancer. Steve served served as Chairman of the founding Board.

Steve serves on the Cancer Funding Partners Council to assist the University of Kansas Cancer Center in its quest for National Cancer Institute designation. Steve has previously served on:

  • - Don Bosco Centers, Vice President and Board Member
  • - University of Notre Dame Club in Kansas City, President and Board Member
  • - Visitation Parish, Parish Council Member

Construction Cases

  • Airport – Deficient Work Claim — Represented architectural metal subcontractor in dispute regarding alleged defects of installed metal panels in a Pennsylvania airport. Achieved favorable settlement between the parties. Court of Common Pleas of Lackawanna County, PA (2010)
  • Airport Security System — Represented electrical contractor on $1.2 million claim for installation of security system on International Airport. Negotiated a favorable settlement of the matter through alternative dispute resolution without filing litigation. (2016)
  • Apartment Complex - Default — Represented concrete subcontractor in $1.6 million dispute with general contractor on $49 million residential apartment complex in Kansas City, Missouri. Obtained payment in full. Circuit Court of Jackson County Missouri (2017)
  • Apartment Complex — Represented general contractor in $1.2 million claim against apartment complex developer in Oklahoma for additional costs incurred as a result of design changes; defended against owner’s claims of improper workmanship. Confidential settlement prior to trial. District Court of Cleveland County, Oklahoma (2002)
  • Aquatic Center — Represented general contractor in disputes with subcontractor on municipal aquatic center for Falls City, Nebraska. Following a trial to a 12-person jury in Kansas, obtained judgment in favor of the general contractor on general contractor’s affirmative claims and defeated all counterclaims by masonry subcontractor. The trial court subsequently entered judgment awarding attorney fees to the client. District Court of Miami County, Kansas (2009)
  • Augered Piles on Underground Storage Facility – Differing Site Condition — Represented shoring 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. American Arbitration Association (2000)
  • Bid Contest – Temporary Restraining Order and Preliminary Injunction — Represented sanitary sewer subcontractor in bid contest against a Kansas municipality, contesting the award of the project to another bidder. Obtained a temporary restraining order and preliminary injunction against the municipality from proceeding with construction of the project. Favorable settlement prior to trial. United States District Court for the District of Kansas (2019)
  • Bridge – Misrepresentation / Implied Warranty — 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. Circuit Court of Cole County, Missouri (1990)
  • Bridge – Misrepresentation / Implied Warranty — Represented bridge contractor 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. Circuit Court of Cole County, Missouri (2001)
  • Commercial Building Construction – Construction Defects — Represented concrete subcontractor in eight-party dispute regarding claims of defective construction of a commercial building in Johnson County, Kansas. Prosecuted claims for payment for work performed; defended against claims of defective construction. Favorable settlement reached prior to trial. District Court of Johnson County, Kansas (2013)
  • Commercial Office Building – Owner Default — Represented electrical contractor on claim in excess of $500,000 following the owner’s default and the placement of the project into bankruptcy. Obtained recovery for client following trial of adversary proceeding in bankruptcy court. Circuit Court of Jackson County, Missouri (2010); consolidated adversary action into United States Bankruptcy Court for the Western District of Missouri. (2010)
  • Computer Center – Architectural Metal — 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. American Arbitration Association (2004)
  • Convention Center - Concrete Pylons – Defective Work — Defended general contractor from claim by concrete subcontractor in federal court regarding the construction of concrete pylons for the suspended roof on the expansion of the 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. United States District Court for the Western District of Missouri (1993)
  • Dredging – Marina and Casino — 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. American Arbitration Association (1997)
  • Dredging – Hazardous Waste Cleanup — Represented dredging contractor in action in federal court in New York against general contractor on hazardous waste cleanup for Tennessee Valley Authority to recover monies where general contractor claimed the contract was based on production, not time and material. Prior to trial, client received $2.3 million payment. United States District Court for the Western District of Missouri (2010)
  • Dredging - Lake — Represented general in $1.2 million claim against city as a result of dredging contractor encountering unanticipated rock in the dredging of Lake Nasworthy, Texas. Settled through alternative dispute resolution prior to arbitration hearing. American Arbitration Association (2005)
  • Electrical Power Plant – Interference, Failure to Schedule and Coordinate — Represented a Missouri steel fabrication company in a multimillion dollar claim against the general contractor for interference and disruption. After an arbitration proceeding was initiated by the opposing party, a favorable settlement was reached through alternative dispute resolution. American Arbitration Association (2009)
  • Elementary School – Site Improvement — Represented underground utility subcontractor in claim against general contractor for nonpayment on the construction of improvements to a Kansas elementary school. Obtained payment in full for subcontractor. District Court of Johnson County, Kansas (2018)
  • Events Center – Defective Work — Defended architectural metal subcontractor against claims filed for defective work and damage to roof on the Tulsa Regional Events Center. Asserted affirmative claims for additional compensation. Achieved favorable settlement through alternative dispute resolution. United States District Court for the Northern District of Oklahoma (2009)
  • Federal Courthouse – Project Delay — Represented architectural metal contractor in a pass-through claim related to the construction of a federal courthouse in El Paso, Texas. After appealing a decision rendered by the General Services Administration to the Civilian Board of Contract Appeals, a confidential settlement reached through alternative dispute resolution. Civilian Board of Contract Appeals (2009)
  • Fine Arts Facility — 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. American Arbitration Association (2005)
  • Flood Control – Design Changes and Differing Site Conditions — Represented general contractor in claim 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 through alternative dispute resolution. Board of Contract Appeals (1996)
  • Flood Improvements - Misrepresentation — Represented general contractor in action against the City of Dallas 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. United States District Court for the Northern District of Texas (1999)
  • Hangar Complex – Delays and Design Defects — Represented pre-engineered metal building subcontractor in $800,000 claim against general contractor regarding the construction of an aircraft hangar complex for breach of contract; defended against claims of defective design and delays in performance of work. Obtained affirmative recovery for client; amount is confidential. American Arbitration Association (2014)
  • Highway – Delays and Interference — 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. District Court of Johnson County, Kansas (1996)
  • Highway - Delays — Represented 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. Favorable settlement reached during arbitration hearing. American Arbitration Association (2003)
  • Highway – Defective Specification — Represented highway and bridge contractor on a claim against Colorado Department of Transportation 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 full amount of the claim. Colorado Administrative Appeal (2005)
  • Home Renovation – Contractor’s Claims Defeated — Defended an action brought by a construction company to recover additional monies from husband and wife in the renovation of their home in Kansas City, Missouri. During arbitration hearing, defeated claims and obtained award of attorney fees. American Arbitration Association (2008)
  • Hotel Construction – Delays, Design Defects, and Negligent Construction — Represented shoring subcontractor responsible for installing shoring wall for the construction of an Austin hotel in $1.5 million dispute with the general contractor and excavation contractor stemming from claims of delay and remediation expenses associated with a movement in the shoring wall. Prosecuted claims of breach of contract and quantum meruit; defended against claims of defective design and negligent construction. Confidential settlement prior to trial. District Court of Travis County, Texas (2015)
  • Hotel Construction — Represented architectural metal contractor in an action against a general contractor for over $300,000 on hotel project in New York City. After a two-week trial, a jury awarded full amount plus attorney fees. Case settled following appeal. Circuit Court of Jackson County, Missouri (2012)
  • Indian Casino — Represented general contractor in multimillion-dollar arbitration 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. American Arbitration Association (2004)
  • Jet Engine Test Facility – Cardinal Change, Interference, and Delay — Represented EPC contractor in approximately $10 million dispute with specialty systems subcontractor regarding EPC contractor’s claim that subcontractor performed defective work and delayed the project and subcontractor’s claim of extra work, cardinal change and interference during the construction of a jet engine test facility in Ohio. After 28 days of arbitration hearing, achieved favorable settlement. American Arbitration Association (2015)
  • Landscaping — Defended highway and bridge contractor against $1.1 million claim filed by landscaping contractor for additional costs and delays allegedly caused by highway contractor; counterclaimed for attorney’s fees in defending action; obtained defendant’s verdict and award of attorney’s fees. American Arbitration Association (2000)
  • Landscaping — 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. American Arbitration Association (1994)
  • Manufacturing Plant – Delays and Construction Defects — Represented concrete subcontractor in a dispute in excess of $1 million with the general contractor contesting the responsibility for delays to project completion caused by inclement weather, design errors and deficient precedent work to a manufacturing plant in Dillon, South Carolina. The parties reached a settlement through alternative dispute resolution for a substantial majority of the concrete subcontractor’s claim prior to arbitration hearing. American Arbitration Association (2015)
  • Municipal Aquatic Center – Defective Work — Represented general contractor in disputes with subcontractors and owner on municipal aquatic center in Alma, Nebraska. Confidential settlement with the Owner reached prior to trial. District Court of Harlan County, Nebraska, United States District Court of Nebraska (2017)
  • Museum – Defective Design — Represented architectural metal subcontractor in a dispute regarding design specifications for Museum of Glass in Tacoma, Washington which caused negative pressure in the building responsible for water leaks. Achieved favorable settlement. American Arbitration Association (2007)
  • Museum – Defective Work — Represented architectural metal contractor in action against subcontractor on Petersen Automotive Museum in Los Angeles, California. Prosecuted claims for non-payment. Subcontractor brought counterclaims for defective work and failure to perform. Obtained arbitration award for the full amount of claim and attorney’s fees. American Arbitration Association (2015)
  • Museum – Defective Work — Represented local architectural metal company in state court action to recover damages caused by subcontractor’s defective manufacture of steel components for exterior steel cladding on de Young Museum in San Francisco, California. Matter was favorably settled through mediation. Circuit Court of Jackson County, Missouri (2005)
  • Natural Gas Plant Construction – Negligent Supervision and Negligent Misrepresentation — Represented EPC contractor in $21 million dispute with international inspection services provider for failing to identify and report deficiencies in pipe fabrication process on a project in Tennessee. Confidential settlement obtained prior to trial through mediation. United States District Court for the Western District of Tennessee (2016)
  • Performance Hall – Defective Manufacturing — Defended architectural metal contractor from claims of installation of defective metal panels on performing arts center. Obtained payment for client. Circuit Court of Jackson County, Missouri (2012)
  • Power Plant -Steel Fabrication — 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. American Arbitration Association (2009)
  • Residential Renovation – Changes to Design and Scope — Represented an architectural metal company to recover monies for additional work caused by the redesign of decorative doors and door systems and unreasonable inspection related to work it performed in Kansas City, Missouri. Following a three-day arbitration, the client obtained an award in excess of the outstanding contract amounts due, received its arbitration costs, and its attorneys’ fees. American Arbitration Association (2007)
  • Retail Building Construction – Delays and Construction Defects — Represented mason subcontractor in $900,000 dispute with the general contractor regarding damages to commercial building in Johnson County, Kansas alleged to have been incurred due to defects in the mason work and resultant delays. Prosecuted claims against general contractor for delay expenses and additional work performed at its direction; defended against claims of defective work and delay. Confidential settlement obtained prior to trial through mediation. District Court of Johnson County, Kansas (2015)
  • Retirement Condominiums – Concrete Placement — 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. District Court of West Palm Beach, Florida (1992)
  • Road Construction – Breach of Contract — Represented Missouri earthwork contractor in a state court claim against department of transportation for breach of warranty 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. District Court of Cole County, Missouri (2001)
  • Road Construction - Delays — Represented highway and bridge contractor in $1 million claim against cities for delays to major road improvements and bridge construction in Overland Park, Kansas. 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. District Court of Johnson County, Kansas (1994)
  • Road Construction – Delay, Interference — Represented road contractor in state court action against the city 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 confidential settlement. District Court of Johnson County, Kansas (2006)
  • Road Construction - Housing Subdivision — Represented asphalt road contractor in an action to foreclose on a mechanic’s lien against developer on construction of new roads in housing subdivision in Missouri. After mediation, obtained full payment of funds sought. Circuit Court of Jackson County, Missouri (2014)
  • Road Construction - Interference — Represented 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 favorable multi-million settlement. Administrative Appeal before Missouri Department of Transportation (2007)
  • Road Construction – Utility Interference — 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 and payment received. Circuit Court of Buchanan County, Missouri (2003)
  • Road Construction – Utility Interference — Represented road contractor in an action against the City of Kansas 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. Circuit Court of Jackson County, Missouri (1994)
  • Road Construction – Utility Interference — Represented road contractor in action against 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 Highway Department agreed to a favorable settlement. Circuit Court of Cole County, Missouri (1995)
  • Road Construction – Utility Interference — Represented general contractor against City of Grandview, Missouri 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. After a one-week trial, judgment was awarded to the general contractor in the full amount of its claims. Circuit Court of Jackson County, Missouri (2011)
  • Road Improvement – Differing Site Conditions — Represented a general contractor in claim on a Kansas City road improvement project for additional costs incurred as a result of differing site conditions, extra work, and schedule delays for approximately $7.1 million. Achieved favorable settlement following mediation. (2009)
  • Road Reconstruction – Defective Specification and Delays — Represented specialty shoring subcontractor in a dispute with general contractor regarding claims of alleged delay on two highway projects. Following a one-week arbitration hearing, obtained arbitration award of approximately $900,000 for the full outstanding contract balance, plus all claimed additional delay expenses, and its attorney fees and interest. American Arbitration Association (2017)
  • Sanitary Sewer – Differing Site Condition — Represented utility pipe contractor in claim against City of Trimble, Missouri 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. American Arbitration Association (1997)
  • Subdivision Road Improvements — Represented asphalt road contractor against general contractor and its surety for an unpaid balance on a project in Kansas City, Missouri. Obtained payment following confidential settlement. Circuit Court of Platte County, Missouri (2012)
  • Traffic Signalization — Represented electrical utility company in a suit against general contractor for unpaid contract balance. A settlement was obtained for the full contract balance and attorney’s fees. Circuit Court of Platte County, Missouri (2011).
  • Warranty Work – Wastewater System and Municipal Road — Represented general contractor in dispute with Kimberling City, Missouri concerning improvements to the city’s wastewater system and warranty work. Court granted a Motion for Summary Judgment in favor of the general contractor; later overturned on appeal. The parties entered into a settlement prior to trial. Circuit Court of Stone County, Missouri (2012)
  • Wastewater Lagoon – Defective Construction and Property Damage — Represented synthetic liner installation contractor against claims by the owner of a wastewater lagoon in Oklahoma for defective work alleged to have caused approximately $1.5 million in damage to property. Defended against claims for damage; prosecuted claims against insurance carriers. Confidential settlement reached prior to trial. United States District Court for the Western District of Missouri (2015)
  • Water Pipeline – Misrepresentation / Implied Warranty — 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. Circuit Court of Greene County, Missouri (2001)
  • Wastewater Treatment Facility — 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 wastewater 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. United States District Court for the Northern District of Texas; Fifth Cir. Ct. of Appeals (1996)

Other Representative Cases

  • Antitrust — 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. United States District Court for the District of Columbia (2002)
  • Bad Faith Claim against Surety — 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. Superior Court of Contra Costa, California (1994)
  • Bank Workout — Represented Kansas concrete pumping companies in restructuring of debt with bank. (2011)
  • Civil Rights Class Action - Education — Represented subset of black school children and parents 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. United States District Court for the Western District of Missouri (1989)
  • Civil Rights – Police Brutality — Represented individual in a tort and civil rights action against city, its police officers and physician. The individual was partially paralyzed by police officers who subsequently neglected to seek care for his injuries. After 9 hours in the holding cell, his paralysis became permanent. Obtained favorable settlement with the physician and the city. United States District Court for the Western District of Missouri, Kansas City (2016)
  • Constitutionality of Affirmative Action Program — Defended woman-owned business against constitutional challenge to Kansas City, Missouri Affirmative Action Program. Obtained dismissal of constitutional challenge following trial in federal court. Maintained client’s participation in Affirmative Action Program. Western District of Missouri (2005)
  • Copyright Infringement — Represented architectural firm in copyright action against a former officer and clients for illegal use of copyrighted architectural plans for large retail centers. Following court-ordered mediation, the case settled on favorable terms. United States District Court Western District of Missouri (2006)
  • Criminal Defense — 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. United States District Court for the Western District of Missouri (1990)
  • Development Rights to Waste-to-Energy Facility — 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 in federal court, a mediated settlement was brokered, resulting in confidential settlement and payment to client. United States District Court for the Southern District of California (1998)
  • Employment – Claim for Commissions — Defended Kansas City manufacturing companies from claims by former employee for commissions allegedly earned. Jackson County Circuit Court entered Summary Judgment against employee. Circuit Court of Jackson County, Missouri (2008)
  • Insurance Non-Compete — Represented insurance agency in action to enforce its covenant of non-competition against former employee. Following a multi-day trial to the Jackson County Circuit 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. Circuit Court of Jackson County, Missouri (1998)
  • Intellectual Property Rights — Defended Kansas City manufacturing companies and individual members in an action brought by a former member concerning ownership of intellectual property rights to heating and air conditioning technology. Achieved favorable confidential settlement. Circuit Court of Jackson County, Missouri (2005)
  • Labor Union Grievance — 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. American Arbitration Association (1997)
  • Loan Agreement and Personal Guaranty — 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, and renegotiation of loan at acceptable debt level and terms. Circuit Court of Clay County, Missouri (2008)
  • Loan Agreement and Personal Guaranty — Defended construction contractor and company owners in Kansas state court action to foreclose and enforce personal guarantees. Reached settlement in case resulting in orderly liquidation of company assets and release of personal guarantors. District Court of Johnson County, Kansas (2008)
  • Manufacturing Non-Compete — Represented two manufacturing companies in a Johnson County, Kansas action to enforce their Covenant of Non-Competition against former employee. Following a multi-day trial to the Court, obtained judgment in favor of clients and monetary award. District Court of Johnson County, Kansas (2004)
  • Manufacturing Non-Compete — Defended two manufacturing companies in an action seeking commissions allegedly earned. The Court granted Defendant’s Motion for Summary Judgment. The matter was successfully settled. Circuit Court of Jackson County, Missouri (2008)
  • Mortgage Banking - Shareholder Dispute — Defended 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. District Court of Johnson County, Kansas (2004)
  • Physician Non-Compete — Represented physician in action for declaratory judgment concerning physician’s compliance with non-compete terms of employment agreement and the right of patients to choose 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. Circuit Court of Jackson County, Missouri (2002) Physician Non-Compete

    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. The damage portion of the case was subsequently settled on favorable terms. United States District Court for the District of Kansas (2006)
  • Real Estate – Adverse Possession — Represented landowner in a prescriptive easement action against adjoining landowners in Mission Hills, Kansas seeking to redraw property line 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 affirmed on appeal to the Kansas Court of Appeals. District Court of Johnson County, Kansas (1998)
  • Telecommunications — Served as co-counsel for small telecommunications company in action against MCI for breach of telecommunications agreement. The claimed damages exceeded $100 million. Following two-year court-ordered mediation process, a confidential settlement was reached. United States District Court for the District of Massachusetts (2002)
  • Termination of Consulting Agreement — Represented insurance and reinsurance company and its owner in a dispute regarding termination of a consulting agreement and payment for services rendered. Achieved favorable settlement through mediation. JAMS (2011)
  • Trademark — Represented a Kansas catering company in an action for injunctive relief to enjoin competitor from using the service-mark in all advertising and the web. A confidential settlement was reached between the parties protecting the company’s interest in its service mark. District Court of Johnson County, Kansas (2007)
  • Trade Name/Unfair Competition — Represented electrical contracting company seeking to prohibit the competition from using its trade name and service mark, for violation of Missouri’s anti-dilution statute, and unfair competition. Obtained permanent injunction. Circuit Court of Jackson County, Missouri (2011)
  • Trade Secrets Act / Computer Tampering — Represented Missouri architectural firm in federal court action against former officer for theft of trade secrets, computer tampering, breach of fiduciary duty, and copyright infringement and defended the firm against counterclaims. Reached confidential settlement. Circuit Court of Jackson County, Missouri (2007).
  • Trust & Estate Malpractice — Represented estate 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 following mediation. Circuit Court of Jackson County, Missouri (2003)
  • Vehicle Leasing Business Non-Compete — Represented vehicle leasing business and majority owner in action for injunctive relief and money damages against former manager and part-owner for violation of covenant not to compete, money damages, fraud, breach of fiduciary duty and other financial improprieties. Obtained permanent injunction following trial to the Court. Subsequently obtained contempt of court order against defendant for violating injunction. District Court of Johnson County, KS (2006)