W&C To Try Bellwether Shoulder Pain Pump Case in California

on February 3, 2012

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 [...]

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Cartmell/Preuss Named to Hip Implant MDL Leadership

on February 3, 2012

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 [...]

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DEFENSE VERDICT – ALLEGED NEGLIGENT PLACEMENT OF A COMPONENT DURING A HIP REPLACEMENT SURGERY

January 27, 2012 by Bill

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 [...]

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$15 Million Commercial Litigation Settlement – Citadel Plaza LLC vs. City of Kansas City, Missouri

January 20, 2012 by Bill

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” [...]

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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 & [...]

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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 [...]

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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 [...]

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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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W&C featured in Kansas City Business Journal

November 4, 2011 by admin

Wagstaff & Cartmell were recently featured in the Kansas City Business Journal, in an article entitled Wagstaff & Cartmell’s growth docket includes handling both plaintiff, defense work. In the article, the firm’s founding partners, Tom W. Wagstaff and Tom P. Cartmell, discuss their continued success with handling both plaintiff and defense litigation, which was the [...]

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Defense Verdict—Alleged Failure to Diagnose and Treat Tubo-Ovarian Abscess During Pregnancy

October 13, 2011 by Bill

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 [...]

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