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.
-
Family: reversed dismissals of challenge to wage garnishment and action to enforce prior child custody judgment
-
These were not “child custody determinations” that Uniform Child Custody Jurisdiction and Enforcement Act governed
-
-
Tort: held state statute limiting real estate agents’ liability applies in actions under state consumer protection law
-
Represented statewide association of real estate agents as a friend of the court advocating for this result
-
-
Family: reversed dismissal due to husband’s death of wife’s action to set aside divorce property division for fraud
-
Death did not moot or abate allegation that husband committed fraud, and whole divorce did not have to be set aside
-
Civil procedure rule allowing relief from judgment for fraud allows party to seek relief from only part of the judgment
-
-
Gonzales-McLinn v. State, No. 2019-cv-109 (District Court of Douglas County, Kan. 2021)
-
Criminal: on post-conviction review, lowered first-degree murder sentence to 25-to-life, rather than 50-to-life
-
Negotiated settlement of post-conviction case with prosecution, obtaining judgment holding trial counsel ineffective
-
Appears to be the first ever approved settlement of a post-conviction relief case in Kansas state court
-
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)
-
Tort: questioned the threshold requirements for expert testimony on causation in toxic exposure FELA cases
-
Our appeals led to favorable settlements for our clients in all four cases after summary judgments against them in each
-
-
View our brief and reply brief in one of these cases