Scott C. Nehrbass

Scott C. Nehrbass

Partner

Kansas City

32 Corporate Woods
9225 Indian Creek Pkwy #600
Overland Park, KS 66210

T: 913.253.2144
F: 866.347.1472

snehrbass@foulston.com

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Profile

Mr. Nehrbass has represented many individual and corporate clients in numerous and varied business and tort litigation matters. He has tried cases to juries and courts in both the Kansas state and federal courts and argued appeals before the Tenth Circuit, Kansas Supreme Court and Kansas Court of Appeals. Mr. Nehrbass enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and has been selected by his peers for inclusion in The Best Lawyers in America© and the Missouri & Kansas Super Lawyers® list as a leading business attorney in the United States. In 2016 he was named by Best Lawyers® the Kansas City, KS Personal Injury Litigation “Lawyer of the Year,” and in 2013 and 2017 he was named the Kansas City, KS Litigation – Intellectual Property “Lawyer of the Year.” Since 2013, Benchmark Litigation has named Mr. Nehrbass a “Future Star.” Mr. Nehrbass is a past president of the Kansas Association of Defense Counsel.

Education

  • University of Kansas (J.D., 1993)
    Order of the Coif; Associate Editor - Kansas Law Review
  • University of Kansas (BA in Economics, Political Science, 1989)
    With Distinction

Admissions

  • U.S. Supreme Court (2002)
  • U.S. Court of Appeals for the Tenth Circuit (2000)
  • U.S. District Court for the District of Kansas (1993)
  • U.S. District Court for the Western District of Missouri (1995)
  • Kansas (1993)
  • Missouri (1995)
Relevant Experience
  • Mr. Nehrbass has over twenty years of experience handling complex commercial litigation for corporate clients from a wide variety of industries, such as healthcare, banking, insurance, financial services, manufacturing, retail, pharmaceutical, chemicals, agribusiness, real estate, food and beverage (restaurant), adoption services, and automotive. His clients have included multinational, national, regional and local businesses, such as the following: The Home Depot, Sears, Lowes, Kraft, Nueterra Healthcare, Valeo Behavioral Healthcare, RadNet, AVIVA USA Corporation, Hoffman-LaRoche, Wachovia, Bank of America, BB&T, Anderson Erickson Dairy, Nissan, Fujisawa Healthcare, Schering-Plough, CVS Pharmacies, American Adoptions, American Surrogacy, Torchmark Corporation, Hanger Orthopedic Group, Premium Standard Farms, Chem-Trol/VMS, Lexis-Nexis, Rush Properties, Outdoor Aluminum, PAETEC, IKON, Heartland Tires, Carrier Lynx, the Fox and Hound Restaurant Group, and the Westport Ale House. Mr. Nehrbass has also worked for a number of insurers, such as State Farm, Shelter and AIG.
  • Mr. Nehrbass has particularly extensive experience counseling and representing companies and individuals in matters involving noncompete agreements and other forms of restrictive covenants. He has successfully obtained restraining orders, preliminary injunctions and contempt orders against former employees. He has also successfully defended former employees.
  • Mr. Nehrbass has considerable experience litigating disputes between business partners in many different industries. He has handled matters governed by statutes, such as consumer protection and trademark infringement, as well as all kinds of alleged common law torts, including fraud, breach of fiduciary duty, negligent misrepresentation and negligence generally. He has also represented clients who face issues relating to their licensure by governmental agencies.
  • At the request of the Kansas Chamber of Commerce and the Kansas Association of Defense Counsel, Mr. Nehrbass has testified before the Kansas legislature on various bills. He has been asked to author “friend of the court” briefs on these organizations’ behalf. The Kansas Bar Association has called upon Mr. Nehrbass to co-author its annual survey of civil procedure cases and to instruct newly admitted lawyers on civil procedure issues.
  • Mr. Nehrbass has tried or argued significant matters before a number of Kansas federal judges and Johnson County, Kansas state court judges, including but not limited to federal judges Crabtree, Lungstrum, Vratil, Murguia, Robinson and Melgren and state court judges Elliott, Foster, Bennett, Sutherland, Moriarty, Vano and Mason. During Mr. Nehrbass’s clerkship with The Honorable Monti L. Belot of the United States District Court for the District of Kansas in Wichita, Kansas, he obtained significant research, writing and courtroom experience on employment, business, product liability and ERISA litigation matters. These included class actions.
  • Mr. Nehrbass successfully represented an out-of-state company in a significant matter against a household name Kansas City-based company.  The case involved construction of the new Smithville, Missouri High School football stadium and press box.  Mr. Nehrbass successfully prosecuted the matter to jury verdict and for substantial damages.
  • Mr. Nehrbass represented CVS Pharmacy in a Johnson County, Kansas District Court negligence matter and successfully achieved summary judgment for CVS.
  • Mr. Nehrbass is prosecuting the proprietary fund ERISA class action against Kansas City-based Waddell & Reed Financial.
  • Iron Mound v. Nueterra – Mr. Nehrbass successfully defended this matter, in which former business partners claimed a continuing right to a portion of certain management fees.
  • United Investors Life Insurance Company v. Waddell & Reed, Inc. et al. and Waddell & Reed, Inc. et al. v. Torchmark Corporation et al. Mr. Nehrbass managed discovery and assisted with the successful prosecution and defense of two jury trials in these two complex actions – one in Alabama (which resulted in a $50 million verdict for Mr. Nehrbass’s client) and another in Kansas – involving conversion, contract, tortious interference, fiduciary duty, RICO and other claims.
  • Chem-Trol/VMS v. Wilson and Chem-Trol/VMS v. Christensen – Mr. Nehrbass successfully prosecuted these matters, in which former employees sought to divert customers and business from Mr. Nehrbass’s clients.
  • Kyle v. State Industries – Mr. Nehrbass assisted in this lengthy jury trial in Wyandotte County, Kansas, resulting in the successful defense of a water heater manufacturer in this product liability matter.
  • Federal Office Products v. ADOS Office Products – Mr. Nehrbass successfully defended at trial this Johnson County matter involving claims of tortious interference.
  • Pratt Feeders V. Hoffman LaRoche, et al., and related consolidated action in Wyandotte County District Court. This was a major, multi-defendant antitrust price-fixing case on which Mr. Nehrbass served as lead local counsel for Hoffmann LaRoche and eventually became lead spokesperson for all of the defendants during a number of hearings and took lead responsibility for depositions.
  • Sokolov Dental Laboratories v. Mainstreet Software Systems – Mr. Nehrbass successfully defended at trial this Johnson County matter involving claims of fraud and breach of contract.
  • Evolution, Inc. v. Prime Rate Premium Finance – Mr. Nehrbass and his partner successfully defended at trial this Kansas federal court matter involving claims of copyright infringement.
  • Searles v. Van Bebber and Wares v. Van Bebber. Mr. Nehrbass has twice been appointed by the Kansas federal court to handle religious freedom matters. Both cases resulted in jury verdicts in favor of the client.
  • Mr. Nehrbass has appeared on National Public Radio’s “All Things Considered” and been quoted in various print publications featuring cases involving his clients.
  • Income Partner - Shook, Hardy & Bacon L.L.P., Overland Park, KS, 2002 - 2004 Associate - Shook, Hardy & Bacon L.L.P., Overland Park, KS, 1995-2001 Law Clerk, Honorable Monti L. Belot, United States District Judge, Wichita, KS, 1993-1995 Part-time Law Clerk, Twenty-Ninth District Court, Wyandotte County (Kansas City), KS, 1992-1993 Intern, Legal Services for Students, University of Kansas, 1991-1992
Professional Memberships, Affiliations, and Honors
  • Recognized by Best Lawyers® as the 2013 and 2017 Kansas City-KS Litigation – Intellectual Property “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Commercial Litigation, Litigation – Banking & Finance, Litigation – Intellectual Property, Litigation – Real Estate, and Personal Injury Litigation – Defendants, 2010 - 2018
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List , 2012 - 2017 (a Thomson Reuters business)
  • Named by Benchmark Litigation, Future Star, 2013 - 2018
  • Kansas Bar Association Bench-Bar Committee and Bar Show Committee
  • Johnson County Bar Association, Ethics and Grievance Committee; Civil Section, Vice Chair 2017, Chair 2018
  • The Missouri Bar
  • Kansas Association of Defense Counsel Board of Directors, President-2007
  • Christian Legal Society
  • Defense Research Institute
  • Kansas City Metropolitan Bar Association
  • American Bar Association
Presentations

2017

  • Roundup of Current Ethics Issues and Cases and Cybersecurity Ethical Issues, Co-presenter (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)

2015

  • All the Ethics News That’ll Fit in 50 Minutes (Foulston Siefkin LLP, Ethics Seminar for Corporate Counsel)

2014

  • What Do I Do When My Competitor Is Hiring My Employee, or I’m Hiring Theirs? (Foulston Siefkin LLP, Employment Law Seminar)

2008

  • What You Need to Know About Employment Agreements (Foulston Siefkin Employment Law Seminar)
  • Kansas Legal- Dissecting a Discharge (Foulston Siefkin Employment Law Seminar)
  • What You Need to Know About Employment Agreements (Foulston Siefkin Employment Law Seminar)
Publications

2014

  • They Buy Ugly Houses: Loan Modifiers and Foreclosed Properties Investors
    -Kansas Defense Journal
  • Civil Procedure Chapter
    -KBA Annual Survey

2013

  • Civil Procedure Chapter
    -KBA Annual Survey

2012

  • Civil Procedure Chapter
    -KBA Annual Survey

2010

  • Civil Procedure Chapter
    -KBA Annual Survey

2009

  • Civil Procedure Chapter
    -KBA Annual Survey

2008

  • Civil Procedure Chapter
    -KBA Annual Survey

2004

  • Civil Procedure chapter
    -Kansas Bar Association's Annual Survey
  • The Availability of the 'Full Consideration' Remedy to Indirect Purchasers under the Kansas Restraint of Trade Act
    -KADC Legal Letter

2003

  • Civil Procedure chapter
    -Kansas Bar Association's 2003 Annual Survey

2002

  • Civil Procedure chapter
    -Kansas Bar Association's 2002 Annual Survey

2001

  • Civil Procedure chapter
    -Kansas Bar Association's 2001 Annual Survey

2000

  • Book Review of Business and Commercial Litigation in Federal Courts
    -Journal of the Kansas Bar Association

1998

  • 'Discovery' chapter
    -Federal Practice Handbook
  • Don't Take Affirmative Defenses Lightly
    -Kansas Association of Defense Counsel Legal Letter

1996

  • Bosses Beware - It's a Jungle out There: Supervisor Liability in Employment Litigation
    -Journal of the Kansas Bar Association

1992

  • The Proposed Amendments to Federal Rule of Civil Procedure 11: Balancing the Goal of Deterrence with Considerations of Due Process and Fairness
    -University of Kansas Law Review
Community Involvement
  • Mr. Nehrbass is a 2000 graduate of “Leadership Olathe,” a program sponsored by the Olathe, Kansas Chamber of Commerce.
  • Mr. Nehrbass served for several years as a member and President of the Board of Directors of Children’s Benefits Services for Families (a/k/a CBSF or “Reach for Kids”), and he successfully provided pro bono legal services to many families with children who were being denied healthcare insurance coverage for experimental and other treatments.
  • Mr. Nehrbass helped found and participates in “The Zenas Project,” a legal aid ministry comprised of Kansas City area attorneys who periodically meet and work with patrons of Kansas City’s “City Union Mission,” one of the most prominent gospel rescue missions in the United States.
  • Mr. Nehrbass has spoken on religious liberty issues and tried religious freedom cases, and he has been appointed to the Selective Service System’s local board, responsible for hearing and deciding conscientious objector, administrative reclassification and student postponement claims.
  • Mr. Nehrbass has been an active member for 20 years at what is now the nation’s largest United Methodist Church, Church of the Resurrection, leading many studies and serving in the music and children’s ministries and nominating and racial justice committees.
  • Mr. Nehrbass and his wife, Jennifer, have three children and are heavily involved in their school, church, sports and music activities.  Son Jack is now a “Marching Wildcat” at Kansas State University; Dad and Mom were “Marching Jayhawks.”
  • Mr. Nehrbass is an avid bass fisherman and bow hunter.

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