Selected Cases
The following are some examples of our appeals and related matters, with links to decisions, our appellate briefs and oral arguments, and media coverage. You can also view a full list of citations to all our reported appellate opinions.
Bhaduri v. LMK Construction, Inc., No. 123731 (Kansas Court of Appeals 2022)
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Commercial: reversed summary judgment in favor of construction company on homebuyer’s consumer claim
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Evidence supported claim that company knowingly misrepresented its charges, which was proper consumer claim
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Watch the oral argument before the Court of Appeals
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View our brief and reply brief
Four Star Enters. v. Employers Mut., No. SD36906 (Missouri Court of Appeals, Southern District 2022)
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Commercial: reversed $100,000 judgment for alleged equipment supplier against public construction surety on
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Alleged equipment supplier’s assignment of its claim to another entity divested it of standing to sue the surety
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Listen to the oral argument before the Court of Appeals
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View our brief and reply brief
Schutter v. Seibold, 632 S.W.3d 820 (Missouri Court of Appeals, Western District 2021)
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Family: reversed dismissals of challenge to wage garnishment and action to enforce prior child custody judgment
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These were not “child custody determinations” that Uniform Child Custody Jurisdiction and Enforcement Act governed
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View our brief
Soetaert v. Novani Flips, LLC, 631 S.W.3d 580 (Missouri Court of Appeals, Western District 2021)
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Tort: held state statute limiting real estate agents’ liability applies in actions under state consumer protection law
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Represented statewide association of real estate agents as a friend of the court advocating for this result
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View our amicus brief
Olofson v. Olofson, 625 S.W.3d 419 (Supreme Court of Missouri 2021)
Olofson v. Olofson, No. WD81882 (Missouri Court of Appeals, Western District 2019)
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Family: reversed dismissal due to husband’s death of wife’s action to set aside divorce property division for fraud
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Death did not moot or abate allegation that husband committed fraud, and whole divorce did not have to be set aside
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Civil procedure rule allowing relief from judgment for fraud allows party to seek relief from only part of the judgment
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Listen to the oral argument before the Supreme Court
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View our Supreme Court brief and reply brief
Gonzales-McLinn v. State, No. 2019-cv-109 (District Court of Douglas County, Kan. 2021)
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Criminal: on post-conviction review, lowered first-degree murder sentence to 25-to-life, rather than 50-to-life
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Negotiated settlement of post-conviction case with prosecution, obtaining judgment holding trial counsel ineffective
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Appears to be the first ever approved settlement of a post-conviction relief case in Kansas state court
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Covered in regional and national media, including these local reports
Harder v. Union Pacific Railroad Co., No. 20-1417 (U.S. Court of Appeals, 8th Circuit 2021)
West v. Union Pacific Railroad Co., No. 20-1422 (U.S. Court of Appeals, 8th Circuit 2021)
Byrd v. Union Pacific Railroad Co., No. 20-1959 (U.S. Court of Appeals, 8th Circuit 2021)
Hernandez v. Union Pacific Railroad Co., No. 20-2811 (U.S. Court of Appeals, 8th Circuit 2021)
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Tort: questioned the threshold requirements for expert testimony on causation in toxic exposure FELA cases
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Our appeals led to favorable settlements for our clients in all four cases after summary judgments against them in each
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Listen to the oral argument before the Eighth Circuit in two of these cases
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View our brief and reply brief in one of these cases