Results

Abdiana Properties, Inc., et al. v. Bengston, et al. (2016 – 2020)

Filed suit on behalf of clients against defendants for fraudulent misrepresentation and civil conspiracy.
Successfully resisted attempt by defendants to compel arbitration before the Circuit Court and Missouri Court of Appeals, Western District.
Tried case to jury, and won judgment for clients against defendants, including $250,000 award of punitive damages.

State of Missouri v. Byrns (2017)

Proceeded to jury trial on charges of assault. Client found not guilty by jury.

State of Kansas v. Schooley (2018 – 2019)

Represented design professional against charge of murder due to allegedly reckless design of Verruckt water slide at Schlitterbahn Waterpark in Kansas City, Kansas. Filed and litigated motion to dismiss due to state’s abuse of grand jury process.
Court granted motion, and dismissed all charges, agreeing that prosecutors had misrepresented applicable design standards to grand jury members, and had misled grand jury by using dramatized evidence.

United States v. Mader, et al. (2016 – 2019)

Represented former president of Kansas City Terminal Railway Company against charges of conspiracy and ITSP, with potential sentence of five years imprisonment.
After selecting jury and beginning trial, obtained plea agreement for probation.

Federal Criminal Motion to Vacate Judgment and Sentence

Russell J. Schoenauer v. United States, U.S. Dist. Ct. S.D. Iowa.
(2007-2010)

Represented accountant in post-conviction proceeding, alleging that prosecutors concealed key exculpatory evidence absolving client of money laundering charge.
Court agreed and granted motion, vacating conviction and dismissing indictment.

Nationwide 419/412(i) Professional Liability Cases

John B. Phillips, et al. v. Indianapolis Life Insurance Co., U.S. Dist. Ct. S.D. Ind.
Claude Young, et al. v. Millennium Multiple Employer WBP, Dallas County, Tx.
Arch Specialty Insurance Co. v. David H. Cline, et al., U.S. Dist. Ct. W.D. Tenn.
(2006 – present)

Represented agents and financial counselors in tax shelter litigation filed by investors in jurisdictions across the country. Worked closely with counsel for Aviva in defending professional liability claims alleging fraud, breach of fiduciary duty, and breach of contract.
Evaluated and litigated scope and extent of errors and omissions coverage for clients. Obtained favorable settlements with investor plaintiffs and achieved dispositions by summary judgment.

Employee Discrimination/Whistleblower Case

William Dale v. Thomas Industrial Coatings, Inc.

Represented employee witness who was terminated after reporting safety violations by company which had experienced three deaths on worksites over a nine-month period.
Obtained favorable settlement for employee plaintiff at trial during jury selection.