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"For Defendents"
Summary Judgment & Distribution: Trustee Litigation
May 16, 2012 by Bill
Wagstaff & Cartmell’s client, FreeStream Capital LLC, a wind advisory and consultancy services company with offices in Houston and in London, was granted summary judgment in an action brought by a bankruptcy trustee in the U.S. District Court for the District of Kansas seeking $13 million under state law and bankruptcy code claims. In the [...]
Continue Reading →On January 26, 2012 Marc Erickson and Vanessa Gross successfully defended our client, a local orthopedic surgeon, in a jury trial in which the plaintiff alleged that negligent placement of a component during a total hip replacement surgery caused subsequent dislocations and subsequent revision surgeries. In a total hip replacement surgery, an acetabular component (which [...]
Continue Reading →Judgment on Pleadings Awarded to Saint Luke’s in Billing Practices Case
December 30, 2011 by Bill
On December 19, 2011, the Circuit Court of Jackson County, Missouri, granted a motion for judgment on the pleadings filed by Wagstaff & Cartmell on behalf of Saint Luke’s Hospital of Kansas City. The court dismissed the case, in which Plaintiffs were attempting to bring a class action to challenge certain billing practices. Wagstaff & [...]
Continue Reading →Kansas Supreme Court Affirms Judgment for Our Client
December 22, 2011 by Bill
In a much-anticipated opinion addressing the issue of spoliation of evidence, the Kansas Supreme Court recently ruled in favor of our client, Ferris Kimball Company, LLC, holding that no tort claim for spoliation existed under Kansas law for the plaintiff, Superior Boiler Works, Inc., against our client for having destroyed old business records. Superior Boiler [...]
Continue Reading →Brandon Henry and Sarah Ruane successfully defended our client, a local obstetrician/gynecologist, in a jury trial in which the plaintiffs made claims of alleged failure to diagnose and treat an infectious process in a patient during pregnancy. The plaintiffs, a mother and minor child, alleged that our client, based upon a concern about an ongoing [...]
Continue Reading →Defense Verdict – Leg Amputation/General Surgeon
August 10, 2011 by admin
Jeff Kuntz and T.J. Preuss successfully defended our client, a general surgeon, in a jury trial in which the plaintiff alleged that the surgeon failed to properly treat the plaintiff’s diabetic foot ulcer. Plaintiff argued that a delay in surgery allowed the infection to spread to the bone, become systemic, and progress out of control, [...]
Continue Reading →Defense Verdict – Perforation to Esophagus During Esophageal Dilation
August 5, 2011 by admin
Marc Erickson and Brandon Henry successfully defended our client, a gastroenterologist, in a jury trial in Jackson County, Missouri. The patient had been diagnosed with esophageal cancer and our client was performing an esophageal dilation when he unintentionally perforated the patient’s esophagus. As a result of the perforation, the patient underwent multiple surgeries. The patient [...]
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