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Summary Judgment & Distribution: Trustee Litigation
on May 16, 2012
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 [...]
Settlement in Benzene Exposure Case
on April 17, 2012
Brian J. Madden and other Wagstaff & Cartmell attorneys recently settled a case in Montgomery County, Texas styled Ross v. Chevron U.S.A. et al. Our client, Charles Ross, worked at a Chevron refinery in Mississippi as an independent contractor. Mr. Ross contracted Myelodisplastic Syndrome (MDS) while working at the refinery. We alleged that his illness [...]
W&C To Try Bellwether Shoulder Pain Pump Case in California
February 3, 2012 by Bill
Tom Cartmell and Jeff Kuntz are lead trial counsel in the first bellwether case set for trial in In Re: Infusion Pump Cases (JCCP 4615), a state-court consolidation of shoulder pain pump cases in Orange County, California. The judge is the Honorable Gail Andler. Trial is scheduled to begin on April 9, 2012. The case [...]
Continue Reading →Cartmell/Preuss Named to Hip Implant MDL Leadership
February 3, 2012 by Bill
The Honorable Ed Kinkeade recently ordered Tom Cartmell and T.J. Preuss to act as leadership counsel on behalf of claimants across the nation in the Depuy Pinnacle Hip litigation. Judge Kinkeade oversees the Depuy Pinnacle MDL, In Re: Depuy Orthopaedics, Inc. Pinnacle Hip Implant Products Liability, pending in the United States District Court for 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 →Brian Madden, Marc Erickson and Eric Barton, with the assistance of other Wagstaff & Cartmell attorneys and staff, have settled a commercial case against the City of Kansas City, Missouri (City) for $15 million on the Friday before trial was to begin. The case involved a failed Tax Increment Financing (TIF) Plan called “The Citadel” [...]
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 →CBS News Hires Firm for Business Dispute
December 22, 2011 by Bill
Eric Barton is representing CBS News, Inc., of New York, NY concerning a business dispute pending in Johnson County, Kansas, relating to the technology used by the leading news organization to deliver and distribute news video content produced by CBS News and its numerous affiliates domestically and around the globe. Sarah Ruane and Adam Davis [...]
Continue Reading →Jones Lang LaSalle Retains Firm for Contract Litigation
December 22, 2011 by Bill
Jones Lang LaSalle Americas, Inc., of Chicago, IL, hired Eric Barton to defend its interests in litigation with Sprint/United Management Co. concerning payments made under a contract between the two companies back in 2006-08. Sarah Ruane provided assistance in this matter. Sprint filed the action in Johnson County District Court, and JLL removed it to [...]
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