Recent Honors
Foland, Wickens now has three lawyers named to the “Best Lawyers in America.” Jim Foland, Paul Wickens and Joe Roper are honored in the 2007 edition of the “Best Lawyers in America.” Lawyers are selected by confidential peer voting. Jim Foland was also honored for maintaining his listing for ten years. Jim, Paul and Joe were also each included in The Kansas City Business Journal’s “Best of the Bar” publication, in the litigation category.
Joe Roper has recently been inducted into the American College of Trial Lawyers. Membership in the College cannot exceed one per cent of the total lawyer population of any state. Fellowship in the College is extended by invitation only and only after careful investigation, to those experienced trial lawyers who have mastered the art of advocacy and whose professional careers have been marked by the highest standards of ethical conduct, professionalism, civility and collegiality. The firm is proud to have two Fellows of the American College of Trial Lawyers. Jim Foland was inducted in 1992.
Jim Foland, Paul Wickens, Joe Roper and Scott Hofer have each been named Kansas and Missouri “Super Lawyers” by a law a politics peer review polling to identify the top 5% of lawyers in Kansas and Missouri.
Amy Coopman recently began a 2- year term as President of the Eighth Circuit NELA (National Employment Lawyers Association) in June 2006. The 2008 Eight Circuit NELA Bi- Annual Conference will take place in Kansas City, Missouri.
Recent Results
In July, Dave White and Tiffany Klosener, representing Reelfoot Bank in the Circuit Court of Weakley County, Tennessee, were successful in obtaining a summary judgment on the claims of a former employee, Beth Van Cleave. Ms. Van Cleave alleged that her termination was a result of her whistleblowing activities that were protected by both Tennessee statutory and common law. The court ruled that the alleged violations that Ms. Van Cleave reported did not rise to the level of a threat to public health and welfare, thus she was not found to be a whistleblower under Tennessee law.
Dave White, with Rick Angell of Zupkus & Angell, P. C., serving as local counsel, successfully defended Colorado Mountain Bank in the trial of a lender liability claim in the District Court of El Paso County, Colorado, located in Colorado Springs. Zion Fountain Townhomes, LLC, sought $2.4 million in damages in its claims for breach of the covenant of good faith and fair dealing, and violation of the Equal Credit Opportunity Act against its lender, Colorado Mountain Bank, after Zion's town home project failed. On May 16, 2008, verdict was entered in favor of the Bank on all counts.
In May, Kyle Roehler successfully defended a bank by obtaining a unanimous defense verdict in the bank's favor in the District Court of Shawnee County, Kansas. The plaintiff's claims were for battery, false imprisonment, and wrongful reposession - breach of the peace arising out of a physical altercation that ensued when the bank's employees attempted to repossess an automobile. Plaintiff was seeking a substantial recovery for personal injury in addition to punitive damages and attorney's fees under the UCCC. The jury's verdict represented its belief that the bank employees did not instigate or otherwise provoke the altercation and that the bank employees acted in self-defense.
In March, Scott Hofer obtained a settlement on behalf of his clients API Outdoors and Outland Sports in an action for contribution. API manufactured a two-piece hunters safety belt. Mathew Love was wearing that belt as he hunted from an elevated tree stand. Love claimed the belt prematurely released, allowing him to fall and become paralyzed. After settling the Love claims, Scott's clients sued the seller of the buckle API used for its belt, American Cord & Webbing, seeking to recoup all or a portion of what API paid to settle the Love claims. The contribution action settled at mediation in March for a confidential amount. Mathew Love v. API Outdoors & Outland Sports v. American Cord & Webbing, Jackson County, MO Case No. 03-CV-215842.
Scott Hofer and Bob Houske obtained summary judgment for an insurance agent/broker in the case Benton House, LLC v. Cook & Younts Insurance, Inc., Jackson County, MO Case No. 0516-CV-02561. Cook & Younts brokered an insurance policy for Benton House (a residential care facility). A resident at the facility died due to alleged improper care, and the resident's family brought a wrongful death claim against Benton House. Essex Insurance Company, the carrier with whom Cook & Younts brokered the subject policy, had issued a reservation of rights, but settled the wrongful death claim. Essex then, in the name of Benton House, sued Cook & Younts to recoup what it had paid to settle the wrongful death claim. Cook & Younts asserted that Essex took on the status of a "Volunteer" when it paid to settle the wrongful death claim, cutting off its right to rely on its previously asserted policy defenses and cutting off its right to seek reimbursement of what it paid to settle the wrongful death claim. In April, the trial court's Judgment in favor of Scott's client was affirmed on appeal in The Missouri Court of Appeals, Western District Case No. WD68052.
In January, Scott Hofer obtained summary judgment for an insurance agent/broker in K.J.'s Quick Lube v. Seider's Insurance & Real Estate, Randolph County, MO Case No. 06RA-CV00186. After its worker's compensation insurance policy was cancelled, K.J.'s Quick Lube failed to reinstate that coverage or obtain replacement coverage. After an employee was injured and made a worker's compensation claim, K.J.'s sued Seider's for negligence and breach of fiduciary duty, claiming Seider's failed to take steps to reinstate or replace K.J.'s worker's compensation coverage. Scott obtained summary judgment on behalf of Seider's on the basis that Seider's owed no duty to maintain or replace K.J.'s worker's compensation coverage after the cancellation.
Jim Foland and Liam Logan partnered with another firm (Kempton & Russell) to win a $6.46 million jury verdict in a commercial dispute against a Missouri Department of Natural Resources employee on the grounds that he intentionally interfered with the business operations of an area coal mining company. The case was heard in the United States District Court for the Western District of Missouri before judge John T. Maughmer and a seven- member jury panel. Jim’s client, Alternate Fuels, Inc., was awarded $5.56 million in actual damages and $900,000 in punitive damages.
In March, Scott Hofer and Patricia Mullins successfully defended a commercial insurance agent/broker on claims of negligence and misrepresentation in the procurement of worker’s compensation insurance for a Kansas construction company. The construction company performed a job in Florida, and was not covered for injuries to workers it hired in Florida. The case sought damages in excess of $500,000. A jury verdict was returned in favor of Foland, Wickens’ client on all claims. The case was pending in Johnson County, Kansas.
Joe Roper and T.K. Smith recently concluded the successful defense of a named insurance company in a personal injury lawsuit in the City of St. Louis Circuit Court. Our client was named for the alleged responsibility of a phantom motorist in precipitating a chain reaction collision involving three other vehicles. The plaintiff claimed more than two hundred thousand dollars in damages for two ruptured discs, and two future surgeries. The jury found for our client absolving them of any responsibility, and against two of the remaining three defendants.
In March, Joe Roper and Jackie Sexton obtained summary judgment in toxic exposure case involving epoxy paint inhalation. The plaintiff alleged she suffered from Multiple Chemical Sensitivity Syndrome, and claimed 2.3 million dollars in economic loss. Our defense was successful in establishing the plaintiffs’ experts did not have the requisite credentials or foundation to support their opinions, and successfully excluded them from testifying. Further, the court found no scientific basis for the plaintiffs’ claims of MCS, and dismissed the case.
In January, Clay Crawford obtained a judgment of more than $600,000 in favor of a Kansas insurer on its claim for equitable subrogation against Certain Underwriters at Lloyd’s, London. The action arose after our client’s third party claims administrator erroneously extended coverage to a New Jersey nightclub on a negligent security claim, which fell outside of our client’s policy period. After defending the claim for more than a year, the TPA realized its error and tendered coverage to the appropriate carrier, Lloyd’s. Lloyd’s refused to accept coverage, claiming late notice. The client was forced to settle the uncovered claim and pursue Lloyd’s. We were able to overcome Lloyd’s late notice defense by demonstrating that Lloyd’s had suffered no appreciable prejudice from the alleged late notice. Our client recovered the entire amount of the settlement, plus attorney’s fees in the underlying action, prejudgment interest and costs.
Jackie Sexton and Dave White successfully defended First Midwest Bank of Poplar Bluff in claims brought by three of the Bank's borrowers (Dueker v. First Midwest Bank, Slip Op. 27530; Mo. Ct. App., May 21, 2007). The borrowers, who were property buyers, sued the sellers and a bank alleging fraudulent misrepresentation, conspiracy and professional negligence based on their belief that the parties conspired to sell the property at an inflated price and after summary judgement for the defendants. The plaintiffs filed a second suit based on allegedly false representations in a spreadsheet from the transaction, the Missouri Court of Appeals for the Southern District held that the second suit was properly dismissed as barred by the statue of limitations and impermissible splitting of a cause of action.
