Business Dispute Cases

WRRSV has represented a wide range of companies and individuals in all types of business disputes —from simple breach of contract claims to complex antitrust matters, from financial fraud to price fixing, from copyright infringement to workplace violations.


Bell v. Cassidy Turley, et al. 
In a breach of contract case involving an unjustifiably terminated employee, WRRSV worked to successfully make the client financially whole.  Perhaps more importantly, the client regained peace of mind that he hadn’t had in several years due to the actions of his previous employer.

 

McGinley v. Franklin Sports
In a patent infringement suit, WRRSV represented a patentee who brought an action for alleged patent infringement.  The patent was on an instructional pitching device in the form of a regulation baseball with specific “finger placement indicia” for teaching students how to grasp a baseball for throwing different types of pitches.  In the end, WRRSV obtained a confidential settlement.

 

Prime Care of Northeast Kansas, LLC v. Humana Ins. Co., et al.
WRRSV’s class action counsel represented area physicians in a class action case against health insurers for antitrust violations related to nefarious billing reimbursement practices.

 

Cox, et al.  v. Aventis Animal Nutrition
WRRSV was retained as local counsel in a nationwide vitamin antitrust case against the world’s leading manufacturers of vitamins. The state antitrust claims for Kansas involved vitamins for livestock located within the state. WRRSV was instrumental in developing strategy and establishing liability and damages on behalf of the largest hog producers throughout Kansas. Our direct court work and involvement with national counsel in related state claims resulted in a multi-million dollar settlement for our clients before trial.

 

United Fire and Casualty Company v. Historic Preservation Trust and United Fire and Casualty Company v. Historic Preservation Trust, d/b/a Sedalia Trust Inn, Yuri A. Ives, Trustee
When arson destroyed a former bank building while the owner was in the process of remodeling the building as a boutique hotel, the insured made a claim under his insurance policy.  The insurance company not only refused to pay the claim, but filed suit against its own insured claiming there was no coverage for the building because the insured was connected with the arson.  WRRSV filed a counter-claim against the recalcitrant insurer on behalf of the owner.  The jury exonerated the owner with a  $1.2 million jury verdict. After the verdict was rendered, the insurer continued to claim that their insured had committed arson, which made it difficult for the insured to obtain other coverage. Accordingly, a second suit was filed for defamation, resulting in an even more favorable disposition for the client.  At the request of the insurance company, that settlement is confidential.

 

Doe v. Johnson County Park & Recreation District, et al. and Doe v. Lexington Insurance Company
WRRSV achieved a life-changing recovery for a young girl who was sexually abused by her swim coach. While the underlying facts are horrific, the result was extraordinary.

 

The trial of the underlying claim against those responsible for supervision of the minor and the perpetrator resulted in a judgment on behalf of the minor for $5,040,000. When the insurance companies refused to pay the judgment, WRRSV vigorously pursued claims against the carriers for coverage and insurance bad faith.  The firm ultimately recovered more than $11.5 million for the victim, in addition to a confidential settlement from another insurer.  The recovery was ranked 13th in the top plaintiff wins in 2012.

 

Goodwin v. J.C. Harmon High School and Kansas City, Kansas Board of Education USD 500
WRRSV represented a student who was sexually assaulted by another student.  The students’ school had prior warning about and knew of the aggressor’s proclivities, yet failed to take any corrective action prior to the attack. Claims were made against those responsible for supervision of the perpetrator and protection of the minor plaintiff. The case was resolved before trial due to the hard work of counsel and the agreement of the defendants.  At the request of the insurance company, that settlement is confidential.

 

Jane Doe v. TLC for Children and Families, Inc. and Godwin
WRRSV represented a minor who was sexually abused by an employee while in a rehabilitation facility for abused and wayward youth.  WRRSV brought suit for negligent hiring and retention against the child rehabilitation center. After significant but difficult discovery and investigation, the firm obtained a monetary settlement for the minor , which the defendant and its insurer requested remain confidential. The policies of the center were reviewed and evaluated for the future benefit of their children.

 

Lutz et al. v. TIG
WRRSV represented two athletes who were training on their bicycles for the MS 150 when they were hit by a car at a high rate of speed.  The athletes were thrown from their bikes and severally injured.  Judgment was entered in favor of the athletes and against the errant driver for $3 million. When the insurer failed to pay the judgment, suit for vexatious failure to pay and bad faith was filed against the insurer.  The case was ultimately resolved by the payment of a substantial, but confidential sum.

 

Conner v. Country Mutual Insurance Company, Catastrophic Property Restoration, LLC and OCCU-TEC, Inc.
WRRSV represented a family and policyholder who were owed insurance proceeds under their policy for certain personal property due to an exposure to asbestos that occurred during remodeling of their existing home. A number of parties were included in the lawsuit, but when the insurer failed to pay per the policy language for their liability, a suit for vexatious failure to pay and bad faith was filed against the insurer. The case was ultimately resolved by way of settlement with the negligent third parties, but also with the insurer by their separate payment of more than $650,000.

 

In re: Matured, Unredeemed and Unclaimed U.S. Savings Bonds with Purchasers or Owners with Last Known Addresses in the State of Kansas 
In the first case of its kind, WRRSV obtained a Declaratory Judgment naming the State of Kansas the owner of proceeds of long-matured abandoned, lost and/or stolen U.S. savings bonds. The value of the bonds is estimated to be more than $170 million. Claims are now being made with the U.S. Treasury for the collection of the bond proceeds.

 

Kansas State Treasurer v. NCAA
WRRSV successfully represented the State of Kansas in a first-of-its-kind unclaimed property action against the NCAA for wrongful withholding of Final Four ticket deposits, which affected individuals nationwide. The NCAA settled with the state for more than $600,000, thereby allowing the state treasurer help reunite the funds with individual claimholders.

 

Henrys Ltd., Keott Farms, Inc., and Kopfer Farms, Inc. v. Fourth & Pomeroy Associates, Inc. d/b/a Key Feeds and National Additives, Inc. and Agri-Products, Inc. 
WRRSV represented several farmers whose high-value breeder boars and market pigs were poisoned from feed mix containing excessive amounts of selenium.  We identified multiple manufacturing and labeling errors by the companies responsible for making and selling the mix to our client.  This, along with documentation of the death and suffering inflicted upon the animals and the extreme economic consequences to our clients, led to a highly favorable monetary settlement before a lawsuit was even filed.

 

The Colonial Presbyterian Church v. Heartland Presbyterian
In a case of local and national significance, WRRSV represented a local large church congregation in a lawsuit wherein a national denomination sought to take the local church’s property valued at more than $18 million.

 

The denomination claimed that they were entitled to take the property in total if the local church left the denomination pursuant to an alleged trust clause contained in the denomination’s national constitution. The local church claimed the property was their own as it was properly owned, maintained, and paid for the property with its their own funds and efforts over their 60 year history. It further argued that no trust clause existed and that Missouri law did not recognize the legal claims asserted by the denomination.

 

The Jackson County circuit court agreed with the local church and their arguments, rendering summary judgment in their favor and declaring that it was the rightful property owner. After oral appellate argument by WRRSV, the Missouri Court of Appeals agreed with the lower court’s decision, publishing an opinion that helped define and clarify Missouri law on church property disputes. The case was appealed to the Missouri Supreme Court by the denomination, however their appeal was denied, thereby establishing the law as stated by the Court of Appeals.

 

The outcome and result was of regional significance to other Missouri churches as well as nationally for churches considering leaving their denominations over religious freedom and beliefs.

 

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