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Education
Emporia State University, B.S., 1977
University of Kansas, J.D., 1980; Associate Editor - Kansas Law Review
Legal Accomplishments
- Lead plaintiff’s counsel in Hutchinson gas explosion litigation resulting in jury verdict of $1.9 million in compensatory award and $8.25 million in punitive damages, fees and expenses for one group of clients and multiple significant settlements for other clients. Hayes Light & Sound,et al., v. Oneok, et al., 281 Kan. 1287, 136 P.3d 428 (2006).
- Plaintiff’s counsel in successful breach of fiduciary duty and punitive damage lawsuit against a controlling shareholder alleging misappropriation of mid-stream and producing properties belonging to a vertically integrated oil and gas company, including a freeze-out merger of a minority shareholder and stock appraisal. Kirk v. Woolsey, Sedgwick County District Court, Case No. 04-CV-3301.
- Plaintiff’s trial counsel in reverse stock split minority freeze-out case establishing Kansas law prohibiting marketability and minority discounts in freeze-outs. Arnaud v. Stockgrowers State Bank, 268 Kan. 163, 992 P.2d 216 (1999).
- Plaintiff’s counsel in successful wrongful death claim against oil production company arising out of explosion and fire at a tank battery.
- Plaintiff’s counsel in successful action filed on behalf of municipality against electric utility alleging that utility improperly priced supplemental energy sold under electric service agreement. City of Chanute v. Kansas Gas and Electric Company, et al., U.S. District Court Case No. 04-4096-JAR.
- Defendants’ liaison counsel in class action antitrust claim against Kansas automobile insurers related to PIP coverage. Mitchael v.Intracorp, 179 F.3d 847 (10th Cir. 1999).
- Lead defense counsel in successful defense in fiduciary duty lawsuit related to ownership and control of large automobile dealerships with claims asserted totaling $94 million.
- Lead defense and trial counsel for large hospital against claims brought by groups of disaffiliating formerly employed physicians involving complex compensation and risk pool allocations.
- Successfully defended major manufacturer of printer cartridges in class action fraud under Kansas Consumer Protection Act claims related to the amount of ink supplied in cartridges provided with new printers. Cole v. Hewlett Packard, Wyandotte County District Court, Case No. 01-C-2344.
- Lead trial and appellate counsel in successful defense of physician in medical negligence claim involving brain damaged child with damage allegations in excess of $25 million. Irvin v. Smith, 272 Kan. 112, 31 P.3d 934 (2001).
- Successful defense trial counsel in wrongful discharge and retaliation lawsuit brought by nurse alleging whistle-blower status against hospital affiliated employer.
- Designated trial counsel for defense of employment claims against large aircraft manufacturer.
- Co-plaintiff’s counsel in intellectual property litigation involving printer technology and licensing and counsel in various trademark and licensing disputes.
- Lead defendants’ trial counsel in complex and catastrophic trucking accident cases including defense of punitive damage claims. Smith v. Printup, 262 Kan. 587, 938 P.2d 1261 (1997).
- Extensive jury trial experience as lead defense or plaintiffs’ counsel in tort defense, commercial litigation and employment cases with over 185 cases tried to jury verdict.
- Plaintiff’s trial counsel in successful mandamus action involving ownership of stock in corporation. Abromeit v. Paragon Geophysical Services, Inc., Sedgwick County District Court, Case No. 08-CV-0310
Professional Memberships, Affiliations and Honors
- American College of Trial Lawyers - Fellow and Past Chair, State Committee
- Selected by peers for The Best Lawyers in America - in the area of Commercial Litigation and Bet-The-Company Litigation ® 2009 (Woodward/White, Inc.)
- Identified in Chambers USA - for General Commercial Litigation (2009) as a Leading Lawyer in the United States for General Commercial Litigation.
- Selected by peers as a MO/KS Super Lawyer - in the areas of Business Litigation, Civil Litigation Defense ® 2005, 2006, 2007, 2008, 2009 (Law & Politics and KC Magazine).
- Top 100 Missouri & Kansas Super Lawyer
- American Bar Association
- Kansas Bar Association
- Kansas Supreme Court Nominating Commission - Member
- Wichita Bar Association - Currently Vice-President, Member of Board of Governors (2006-2008) and Past Chair (2005-2006), Civil Practice Committee
- Kansas Bar Foundation - Fellow
- United States Supreme Court Historical Society - Kansas Membership Chair
- Wesley E. Brown American Inn of Court
- Kansas Association for Justice
- Wichita Municipal Court Nominating Commission - Chair (2008-2009)
Community Involvement
- Deaf & Hard of Hearing Services, Past-President
- Boy Scouts of America – Eagle Scout
- Special Education Advisory Council USD #259 – Wichita, Past-President
- Respite Outreach Care for Kids Organization, Inc., Board Member and Vice President
Presentations
- Dispute Resolution in Business Organizations – Judicial Intervention
Wichita Bar Association, 2008.
- Delivering Health Care Services to the Uninsured and Underinsured: Consumer Protection Act and Tax Exemption Issues
Foulston Siefkin, 2006.
Kansas Health Law Institute.
- Cross Examination of the Treating Physician - Some Thoughts on Visiting with the Physician at Trial
KADC, 2005.
Annual Meeting.
- Technology in the Law Office Part I - Electronic Briefs: Enhancing your Ability to Persuade
KBA Annual Meeting, 2003.
- Electronic Briefs: Enhancing your Ability to Persuade
SWKsBA - Colorado, 2003.
- Trial Practice Seminar - Personal Injury Damages
WBA, 2003.
- Deposition, Practice and Procedure - "Strategy, Technique and Practical Considerations."
WBA, 2001.
- Settlements: Pitfalls and Pointers - "Release and Settlement Agreement Language"
WBA, 2000.
- Practical Considerations in the Use of Expert Testimony
KBA Annual Meeting, 1999.
- Preparing and Trying the Automobile Accident Case - The Defense Perspective
Professional Education Systems, Inc., 1999.
- Computerizing Your Litigation - "Laptops in Depositions - Depositions in the 21st Century"
WBA, 1999.
- UN/UIM Defense Lawyer's Perspective
KTLA, 1996.
- The Auto Accident Case-"Evaluation and Preparation of the Defense Case."
KBA, 1992.
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