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Selected Cases

The following are some examples of our appeals and related matters, with links to decisions, our appellate briefs and oral arguments, and media coverage.  You can also view a full list of citations to all our reported appellate decisions.

​English v. Barnett, 694 S.W.3d 92 (Missouri Court of Appeals, Western District 2024)
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  • Land use: reversed judgment declaring that neighboring property had easement over rural landowner’s driveway
  • Subdivision developer’s granting of easement to himself was void under merger doctrine, and no exception applied
  • View our brief and reply brief
     
Roberts v. State, No. 2031-CC00165 (Circuit Court of Greene County, Missouri 2024)​
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  • Criminal: vacated conviction for investment fraud and 20-year sentence, ordered client released from prison
  • Trial counsel’s assistance was ineffective in multiple ways, including not introducing evidence business was legitimate
  • Featured in Missouri Lawyers Media (Aug. 8, 2024) and local media
     
Sanders v. CSX Transportation, Inc., 241 N.E.2d 1104 (Illinois Appellate Court, First District 2024)
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Riffle v. State, No. 2216-CV24146 (Circuit Court of Jackson County, Missouri 2024)
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  • Criminal: lowered first-degree murder conviction, life-without-parole sentence to 20 years for second-degree murder 
  • Negotiated settlement of post-conviction case with prosecution, which lower court accepted
     
Payne v. Nilsson, 679 S.W.3d 543 (Missouri Court of Appeals, Western District 2023)
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  • Family: reversed judgment awarding child’s grandmother visitation with child against the parents’ wishes
  • Grandmother’s good relationship with child did not mean child’s welfare “required” her visitation under statute
  • View our brief and reply brief
     
State ex rel. DKM Enterprises v. Lett, 675 S.W.3d 687 (Missouri Court of Appeals, Western District 2023)
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  • Tort: obtained writ ordering dismissal of wrongful death claim against Texas company for lack of personal jurisdiction
  • Heirs could not sue Texas company in Missouri for allegedly causing death of Kansas resident in Kansas
  • View our writ petition
     
Rister v. NHC Healthcare, 674 S.W.3d 794 (Missouri Court of Appeals, Southern District 2023)
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  • Tort: affirmed denial of nursing home’s request to compel resident to arbitrate her personal injury claim
  • Resident’s husband’s signature on arbitration agreement in intake documents could not bind resident to arbitrate
  • View our brief
     
Odermann v. Harrah, 670 S.W.3d 461 (Missouri Court of Appeals, Western District 2023)
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  • Commercial: reversed judgment that had held a litigation notice attorney recorded on real estate was “fraudulent”
  • Attorney’s actions were legal and proper as statute required, so opponent could not invoke fraudulent document law 
  • View our brief and reply brief
  • Featured in Missouri Lawyers Media (June 29, 2023)
     
State ex inf. Bailey v. Gardner, No. 2322-CC00383 (Circuit Court of the City of St. Louis, Missouri, 2023)
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  • Government: opposed the Missouri Attorney General’s quo warranto proceeding to oust St. Louis’s head prosecutor
  • Obtained partial dismissal of Attorney General’s case before the prosecutor ultimately resigned
  • View our motion to dismiss and reply
  • Watch the oral argument before the Circuit Court
  • Covered extensively in regional and national media
     
Despain v. Despain, No. 22AW-CC00093 (Circuit Court of Andrew County, Missouri, 2023)
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  • Family: reopened divorce judgment for presentation of additional evidence on custody and property issues
  • Trial court agreed there was insufficient evidence to support many findings in its prior judgment
     
Butler v. Butler, No. 1916-FC00951-02 (Circuit Court of Jackson County, Missouri, 2023)
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  • Family: set aside judgment and reopened evidence on custody issues in divorce modification case
  • Trial court agreed its prior parenting plan was insufficiently specific and incapable of enforcement
     
Guthrie v. CSX Transportation, Inc., No. 1-22-1583 (Illinois Appellate Court, First District 2022)
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  • Tort: defeated defendant’s request to appeal certified order denying summary judgment in toxic exposure FELA case
  • Only pure legal questions are certifiable for interlocutory appeal, and the issue here depended on factual questions
  • View our answer
     
Kaderly v. Kaderly, 656 S.W.3d 333 (Missouri Court of Appeals, Western District 2022)
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  • Family: upheld finding in divorce that half the wife’s $1.95 million interest in a business she sold was marital property
  • Evidence showed wife personally, rather than a shell company, acquired the interest, and she risked marital funds
  • View our brief
     
Molitor v. BNSF Ry. Co., 214 N.E.3d 324 (Illinois Appellate Court, First District 2022)
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Nelson v. State, No. 124048 (Kansas Court of Appeals 2022)

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  • Criminal: reversed the denial of post-conviction relief in first-degree murder case for ineffective assistance of counsel
  • Prior appointed counsel’s failure to investigate the case and raise meritorious post-conviction claims was deficient
  • View our brief and reply brief
     

​Four Star v. Employers Mutual, 648 S.W.3d 903 (Missouri Court of Appeals, Southern District 2022)

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  • Commercial: vacated $100,000 judgment for alleged equipment supplier against public construction surety
  • Alleged supplier’s assignment of its claim to another entity divested it of standing to sue the surety
  • Listen to the oral argument before the Court of Appeals
  • View our brief and reply brief
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Schutter v. Seibold, 632 S.W.3d 820 (Missouri Court of Appeals, Western District 2021)
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  • Family: reversed dismissals of challenge to wage garnishment and action to enforce prior child custody judgment
  • These were not “child custody determinations” that Uniform Child Custody Jurisdiction and Enforcement Act governed
  • View our brief
     
Soetaert v. Novani Flips, LLC, 631 S.W.3d 580 (Missouri Court of Appeals, Western District 2021)
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  • Tort: held state statute limiting real estate agents’ liability applies in actions under state consumer protection law
  • Represented statewide association of real estate agents as a friend of the court advocating for this result
  • View our amicus brief
     
Olofson v. Olofson, 625 S.W.3d 419 (Supreme Court of Missouri 2021)
Olofson v. Olofson, No. WD81882 (Missouri Court of Appeals, Western District 2019)
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  • Family: reversed dismissal due to husband’s death of wife’s action to set aside divorce property division for fraud
  • Death did not moot or abate allegation that husband committed fraud, and whole divorce did not have to be set aside
  • Civil procedure rule allowing relief from judgment for fraud allows party to seek relief from only part of the judgment
  • Listen to the oral argument before the Supreme Court
  • View our Supreme Court brief and reply brief
     
Gonzales-McLinn v. State, No. 2019-cv-109 (District Court of Douglas County, Kan. 2021)
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  • Criminal: on post-conviction review, lowered first-degree murder sentence to 25-to-life, rather than 50-to-life
  • Negotiated settlement of post-conviction case with prosecution, obtaining judgment holding trial counsel ineffective
  • Appears to be the first ever approved settlement of a post-conviction relief case in Kansas state court
  • Covered in regional and national media, including these local reports
     
Harder v. Union Pacific Railroad Co., No. 20-1417 (U.S. Court of Appeals, 8th Circuit 2021)
West v. Union Pacific Railroad Co., No. 20-1422 (U.S. Court of Appeals, 8th Circuit 2021)
Byrd v. Union Pacific Railroad Co., No. 20-1959 (U.S. Court of Appeals, 8th Circuit 2021)
Hernandez v. Union Pacific Railroad Co., No. 20-2811 (U.S. Court of Appeals, 8th Circuit 2021)
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  • Tort: questioned the threshold requirements for expert testimony on causation in toxic exposure FELA cases
  • Our appeals led to favorable settlements for our clients in all four cases after summary judgments against them in each
  • Listen to the oral argument before the Eighth Circuit in two of these cases
  • View our brief and reply brief in one of these cases
     

Holmes v. Union Pacific Railroad Co., 617 S.W.3d 853 (Supreme Court of Missouri 2021)

Holmes v. Union Pacific Railroad Co., No. WD82867 (Missouri Court of Appeals, Western District 2020)

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  • Tort: questioned the dismissal of a widow’s FELA case against a railroad for her husband’s wrongful death
  • Court of Appeals held the fact the widow was not named personal representative of her husband’s estate until after an amendment deadline did not allow the court to dismiss her case, but Supreme Court disagreed.
  • Featured in Missouri Lawyers Weekly (June 22, 2020)
  • Listen to the oral argument before the Supreme Court
  • View our Supreme Court brief and reply brief
     
In re Luebbert, 987 F.3d 771 (U.S. Court of Appeals, 8th Circuit 2021)​
In re Luebbert, No. 4:18-cv-00945-BP (U.S. District Court, Western District of Missouri 2019)
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  • Bankruptcy: upheld finding that debtor could not discharge $650,000 breach-of-contract judgment against him
  • Under certain circumstances, a breach of contract can be a willful and malicious injury nondischargeable in bankruptcy
  • Listen to the oral argument before the Eighth Circuit
  • View our district court brief and Eighth Circuit brief
     
Vallejo v. BNSF Railway Company, No. 119100 (Kansas Court of Appeals 2021)​
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  • Tort: reversed $385,000 personal injury judgment against railroad, obtained judgment for railroad
  • After verdict for railroad, trial court could not grant plaintiff new trial on basis of dissenting jurors’ contested affidavits alleging jury misconduct
     
In re Estate of Lentz, 476 P.3d 1151 (Supreme Court of Kansas 2020)
In re Estate of Lentz, No. 118307 (Kansas Court of Appeals 2019)
 
  • Estate: reversed lower appellate court’s dismissal of heir’s appeal challenging valuation of estate
  • Moving to reconsider or set aside a judgment within the time for a motion for new trial tolls the time to file an appeal
  • Watch the oral argument before the Supreme Court
  • View our Court of Appeals brief and reply brief and our first and second supplemental briefs in the Supreme Court
     

​Berman Deleve v. 417 Rentals, 598 S.W.3d 915 (Missouri Court of Appeals, Southern District 2020)

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  • Bankruptcy: reinstated law firm’s registration of $160,000 bankruptcy attorney fee order that lower court vacated
  • Arguing that an out-of-state order is unenforceable is a defense to registration and is waived if not made within 30 days
  • View our brief and reply brief
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Torres v. Torres, 606 S.W.3d 168 (Missouri Court of Appeals, Western District 2020)
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  • Family: upheld finding in divorce that $349,000 increase in value of husband’s business was marital property
  • Protected wife’s entitlement to substantial equalization payment from husband
  • View our brief
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Hazziez v. City of Kansas City, 606 S.W.3d 149 (Missouri Court of Appeals, Western District 2020)
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  • Civil rights: upheld city employee’s $485,000 judgment for sex discrimination and disability discrimination
  • Sex and disability discrimination verdicts did not merge and were not offset by settlement with third-party
  • View our brief
     
State ex rel. Koehler v. Midkiff, 596 S.W.3d 630 (Supreme Court of Missouri 2020)
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  • Family: obtained writ prohibiting contested temporary child custody determination during divorce without hearing
  • Supreme Court issued published opinion on our writ petition alone, dispensing with further briefing or argument
  • Featured in Missouri Lawyers Weekly (Apr. 6, 2020)
  • View our writ petition
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SnugglyCat, Inc. v. Opfer Communications, Inc., 953 F.3d 522 (U.S. Court of Appeals, 8th Circuit 2020)
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  • Intellectual property: upheld allowing dismissal of trademark infringement claims “without prejudice”
  • District court is not bound to require plaintiff dismissing those claims to pay defendant’s attorney fees
  • Featured in Missouri Lawyers Weekly (Nov. 19, 2019 and Mar. 23, 2020)
  • Listen to the oral argument before the Eighth Circuit
  • View our brief
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In re Purported Lien at District at City Center, LLC, 462 P.3d 181 (Kansas Court of Appeals 2020)
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  • Commercial: reversed judgment striking subcontractor’s bona fide $400,000 mechanic’s lien as “fraudulent”
  • Statute intended to remedy legally unknown clouds on title did not apply to challenge validity of mechanic’s lien
  • View our brief and reply brief
State v. Rigsby, 589 S.W.3d 661 (Missouri Court of Appeals, Western District 2019)
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  • Criminal: reversed felony DWI conviction and sentence, obtained resentencing as first-time misdemeanor 
  • Illinois “zero-tolerance” offense conviction not requiring impairment could not enhance DWI charge in Missouri
  • View our brief
     
The Weitz Company v. UMB Bank, N.A., No. 18-3447 (U.S. Court of Appeals, 8th Circuit 2019)
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  • Commercial: our appeal led to favorable settlement after client’s multimillion-dollar claims had been dismissed 
  • View our brief and reply brief
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In re Marriage of Towle and LéGaré, 439 P.3d 327  (Kansas Court of Appeals 2019)
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  • Family: reversed order legally separating couple after wife died, and for husband to pay wife’s share to her son
  • There cannot be a posthumous legal separation case, and instead it simply had to be dismissed once wife died
  • View our brief and reply brief
     
State ex rel. Cullen v. Harrell, 567 S.W.3d 633  (Supreme Court of Missouri 2019)
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  • Civil procedure: questioned whether court could compel release of information years after case without hearing
  • Majority held settlement language allowed this; three-judge dissent would have held it required a contempt proceeding
  • Listen to the oral argument before the Supreme Court
  • View our brief and reply brief
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Johnson v. CoreCivic, No. 18-8014 (U.S. Court of Appeals, 8th Circuit 2019)
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  • Class actions: defeated defendants’ requests to appeal class-action certification in Wiretap Act case
  • View our answer
     
State v. Fitzpatrick, No. 14BS-CR01104 (Circuit Court of Bates County, Mo. 2018)
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  • Criminal: obtained new trial on all charges in felony sexual offense case without having to appeal
  • Lawyer who represented defendant at trial had unconstitutional conflict of interest that deprived her of a fair trial
     
Olson v. Olson, 559 S.W.3d 395 (Missouri Court of Appeals, Southern District 2018)
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  • Family: reversed long-distance custody schedule and increase in child support for father who lived in Wisconsin
  • Custody schedule failed to account for schoolyear holidays and child support order was insufficiently explained
  • View our brief and reply brief
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Castleberry v. Debrot, 424 P.3d 495 (Supreme Court of Kansas 2018)
Castleberry v. Debrot, No. 111105 (Kansas Court of Appeals 2016)
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In re A.F., 543 S.W.3d 90 (Missouri Court of Appeals, Western District 2018)
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  • Juvenile/Family: reversed termination of client’s parental rights over his three children
  • There was no evidence of any abuse, neglect, or inability to parent legally justifying a termination
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2018, 1st half” (July 9, 2018)
  • View our brief and reply brief
     
G&G Mech. Contr. v. Jeff City Indus., 549 S.W.3d 492 (Missouri Court of Appeals, Western District 2018)
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  • Commercial: upheld $150,000 award of prejudgment interest on balance due under construction contract
  • Language parties had struck from final contract could not create ambiguity as to right to interest
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2018, 1st half” (July 9, 2018)
  • View our brief
     
In re Marriage of Speir, 538 S.W.3d 396 (Missouri Court of Appeals, Southern District 2018)
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  • Family: vacated all proceedings in divorce modification case and obtained new proceedings before different judge
  • That judge was designated after divorce but before modification was filed did not undo right to change judge
  • View our brief
     
State ex rel. Yoest v. McEvoy, 529 S.W.3d 383 (Missouri Court of Appeals, Western District 2017)
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  • Constitutional: reversing trial court, obtained writ commanding county collector to allow clients to bid at tax sales
  • Clients had statutory right to be bidders, and county collector lacked power to ban anyone from tax sales
  • Featured in Missouri Lawyers Weekly (Oct. 9, 2017)
  • View our brief and reply brief
     
City of Raymore v. O’Malley, 527 S.W.3d 857 (Missouri Court of Appeals, Western District 2017)
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  • Criminal/Municipal: reversed dismissal of city’s prosecution of defendant for disorderly conduct in inciting fight
  • Claim of defense of property could not be granted summarily, and city’s ordinance was constitutional
  • View our brief and reply brief
     
Combs v. Cordish Cos., 862 F.3d 671 (U.S. Court of Appeals, 8th Circuit 2017)
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Consolver v. Hotze, 395 P.3d 405 (Supreme Court of Kansas 2017)
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  • Tort: upheld $100,000 attorney fee award that lower appellate court had overturned
  • Clarified that contingent-fee lawyer fired just before settlement still can be awarded percentage of client’s recovery
  • Watch the oral argument before the Supreme Court
  • View our brief
     
Doe v. Hughes, No. WD79064 (Missouri Court of Appeals, Western District 2016)
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  • Tort: upheld $9 million judgment for mentally disabled woman who was raped by her caregiver’s husband
  • Caregiver did not have official immunity, and none of caregiver’s other seven issues on appeal had any merit
  • Featured in Missouri Lawyers Weekly (Dec. 26, 2016)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2016, 2nd half” (Jan. 3, 2017)
  • View our brief
     
Gray v. United States, 833 F.3d 919 (U.S. Court of Appeals, 8th Circuit 2016)
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  • Criminal: obtained resentencing for client convicted and sentenced for possessing twice drug quantity he actually did
  • Eighth Circuit appointed us to represent client on appeal from denial of post-conviction relief
  • Listen to the oral argument before the Eighth Circuit
  • View our brief and reply brief
     
State ex inf. White ex rel. Clements v. Cacioppo, No. 16CY-CV01441 (Cir. Ct. of Clay County, Mo. 2016)
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  • Municipal: defeated mayor’s and prosecutor’s attempt to obtain writ of quo warranto ousting city councilman
  • View our summary judgment brief
     
Bereal v. Bajaj, 371 P.3d 349 (Kansas Court of Appeals 2016)
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  • Medical malpractice: obtained new trial for client paralyzed by air injected into his heart during routine procedure
  • Refusal to allow plaintiff an expert to rebut defense’s claim that the injury was from device defect was error
  • View our brief and reply brief
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State ex rel. Sternberg v. Byrn, No. SC95610 (Supreme Court of Missouri 2016)
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  • Constitutional: questioned whether juvenile court could compel private lawyers to represent indigent parties for free
  • When Supreme Court issued preliminary writ and agreed to hear challenge, juvenile court withdrew lawyer
  • Featured in Missouri Lawyers Weekly (May 11, 2016, May 30, 2016, May 7, 2018, and June 11, 2018)
  • View our writ petition
     
Perren v. Perren, 475 S.W.3d 741 (Missouri Court of Appeals, Southern District 2015)
 
  • Family: upheld restraining order protecting client from brother who had attacked and severely injured him
  • Justification by defense of property was affirmative defense that had to be proven, and brother had not proven it
  • View our brief
 
Greer v. Sysco Food Services, 475 S.W.3d 655 (Supreme Court of Missouri 2015)
 
  • Worker’s compensation: upheld $100,000 award to injured worker that lower appellate court had overturned
  • Overruled 20 years of case law limiting temporary total disability awards to set term not in statute
  • Featured on the front page of Missouri Lawyers Weekly (Dec. 28, 2015)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 2nd half” (Jan. 4, 2016)
  • Listen to the oral argument before the Supreme Court
  • View our brief and reply brief
 
Whelan Security Co. v. Kennebrew, 477 S.W.3d 148 (Missouri Court of Appeals, Eastern District 2015)
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  • Employment: reversed $235,000 judgment against client for alleged breach of non-competition agreement
  • Genuine material facts remained in dispute as to all issues, precluding summary judgment and requiring trial
  • Featured in Missouri Lawyers Weekly (Oct. 12, 2015)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 2nd half” (Jan. 4, 2016)
  • View our brief and reply brief
 
In re Alternate Fuels, Inc., 789 F.3d 1139 (U.S. Court of Appeals, 10th Circuit 2015)
In re Alternate Fuels, Inc., 507 B.R. 324 (U.S. Bankruptcy Appellate Panel, 10th Circuit 2014)
 
  • Bankruptcy: reversed denial of majority shareholder’s $3.8 million secured claim on corporation’s bankruptcy estate
  • Client’s loans could not be recharacterized as equity infusions, and secured claim could not be subordinated
  • Required bankruptcy court to allow the $3.8 million claim, which was only secured claim in bankruptcy
  • View our Tenth Circuit brief and reply brief
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Taylor v. Bar Plan Mutual Ins. Co., 457 S.W.3d 340 (Supreme Court of Missouri 2015)
Taylor v. Bar Plan Mutual Ins. Co., No. WD76380 (Missouri Court of Appeals, Western District 2014)
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  • Insurance: questioned whether insurer had to pay $1 million malpractice judgment against disbarred lawyer
  • Court of Appeals held policy exclusion did not encompass loans conned from client, but Supreme Court disagreed
  • Featured in Missouri Lawyers Weekly (May 5, 2014 and Mar. 16, 2015), and the Kansas City Star (May 13, 2014)
  • Court of Appeals decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)
  • Supreme Court decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2015, 1st half” (July 9, 2015)
  • Listen to the oral argument before the Supreme Court
  • View our Supreme Court brief and reply brief
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In re Adoption of C.T.P., 452 S.W.3d 705 (Missouri Court of Appeals, Western District 2014)
 
  • Family: prevented wife’s former paramour from intervening in husband’s stepparent adoption to claim child custody
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 2nd half” (Jan. 5, 2015)
  • View our brief
 
The Weitz Company v. Heth, 333 P.3d 23 (Supreme Court of Arizona 2014)
The Weitz Company v. Heth, 314 P.3d 569 (Arizona Court of Appeals, Division 1 2013)
 
  • Commercial: questioned whether statutory mechanic’s liens are subject to equitable subrogation in Arizona
  • Court of Appeals upheld $2.1 million summary judgment foreclosing on lien, but Supreme Court sent back for trial
  • Featured in the Phoenix Business Journal (May 30, 2014 and June 6, 2014)
  • View our brief, supplemental brief, and Supreme Court brief
 
Mayes v. St. Luke’s Hospital of Kansas City, 430 S.W.3d 260 (Supreme Court of Missouri 2014)
 
  • Medical malpractice: questioned constitutionality of statute requiring third-party affidavit to sue
  • Featured in Missouri Lawyers Weekly (Oct. 28, 2013 and June 2, 2014)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)
  • Listen to the oral argument before the Supreme Court
  • View our brief and reply brief
 
March v. Midwest St. Louis LLC, 417 S.W.3d 248 (Supreme Court of Missouri 2014)
 
  • Tort: restored grant of new trial for personal injury plaintiff that lower appellate court had overturned
  • Trial court appropriately found defendant’s expert witness committed perjury, warranting new trial
  • First time since 1958 that Supreme Court of Missouri had reviewed grant of new trial due to perjury
  • Featured in Missouri Lawyers Weekly (Oct. 22, 2012 and Jan. 20, 2014)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)
  • Listen to the oral argument before the Supreme Court
  • View our brief
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D.S.K. ex rel. J.J.K. v. D.L.T., 428 S.W.3d 655 (Missouri Court of Appeals, Western District 2013)
 
  • Family: clarified child custody rights of husband who unknowingly raised children born of wife’s extramarital affair
  • Allowed husband to file independent lawsuit seeking children’s third-party custody, in which he prevailed
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2014, 1st half” (July 7, 2014)
  • View our brief and reply brief
 
Lucas v. Jerusalem Cafe, LLC, 721 F.3d 927 (U.S. Court of Appeals, 8th Circuit 2013)
  • certiorari denied, 572 U.S. 1002 (U.S. Supreme Court 2014)
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United States v. Baker, 713 F.3d 558 (U.S. Court of Appeals, 10th Circuit 2013)
  • certiorari denied, 571 U.S. 1094 (U.S. Supreme Court 2013)
 
 
Bateman v. Rinehart, 391 S.W.3d 441 (Supreme Court of Missouri 2013)
Bateman v. Rinehart, No. WD73954 (Missouri Court of Appeals, Western District 2012)
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State v. Fleming, No. 106104 (Kansas Court of Appeals 2012)
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  • Criminal: overturned client’s felony theft conviction as violation of his right against double jeopardy
  • View our brief
 
Whelan Security Company v. Kennebrew, 379 S.W.3d 835 (Supreme Court of Missouri 2012)
 
  • Employment: defended trial court’s ruling that non-compete covenants against client were invalidly overbroad
  • Supreme Court limited some invalid covenants; better result for client than in lower appellate court
  • Featured in Missouri Lawyers Weekly (Aug. 20, 2012)
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2012, 2nd half” (Jan. 7, 2013)
  • Listen to the oral argument before the Supreme Court
  • View our brief
 
The Weitz Company v. MacKenzie House, LLC, 665 F.3d 970 (U.S. Court of Appeals, 8th Circuit 2012)
  • certiorari denied, 567 U.S. 517 (U.S. Supreme Court 2012)
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  • Commercial: questioned whether federal court may refuse to follow state supreme court decision on state law
  • Obtained new opinion on rehearing petition in Eighth Circuit
  • Persuaded Eighth Circuit to stay $5.5 million judgment pending U.S. Supreme Court review
  • View our rehearing petition, certiorari petition, and certiorari reply
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Rinehart v. Bateman, 363 S.W.3d 357 (Missouri Court of Appeals, Western District 2012)
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  • Tax: restored 149,000% reduction in agricultural landowner’s property tax that lower court had overturned
  • View our brief
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Bateman v. Platte County, 363 S.W.3d 39 (Supreme Court of Missouri 2012)
 
  • Land use: restored judgment declaring road to be private easement, which lower appellate court had overturned
  • Owner of land over which easement runs cannot unilaterally destroy easement
  • Listen to the oral argument before the Supreme Court
  • View our brief
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City of Sullivan v. Sites, 329 S.W.3d 691 (Supreme Court of Missouri 2010)
City of Sullivan v. Sites, No. SD29596 (Missouri Court of Appeals, Southern District 2010)
 
  • Constitutional: questioned whether town could charge fixed subclass of residents 750% higher sewer connection fee
  • Court of Appeals held disparity was “special law” in violation of state constitution, but Supreme Court disagreed
  • Featured on front page of Missouri Lawyers Weekly (Apr. 12, 2010 and Dec. 13, 2010)
  • Court of Appeals decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 1st half” (July 6, 2010)
  • Supreme Court decision named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 2nd half” (Jan. 2011)
  • Listen to the oral argument before the Supreme Court
  • View our Supreme Court brief and reply brief
 
D.R. Sherry Constr. v. American Family Mut. Ins. Co., 316 S.W.3d 899 (Supreme Court of Missouri 2010)
 
  • Insurance: restored policyholder’s $475,000 verdict against its insurer that lower appellate court had overturned
  • In “occurrence” policy, date of injury determines coverage, not date injury was discovered
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2010, 1st half” (July 6, 2010)
  • Listen to the oral argument before the Supreme Court
  • View our brief
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Mid-Mo. Waste Systems v. Lafarge N. Am., No. 09-3485 (U.S. Court of Appeals, 8th Circuit 2010)
 
  • Commercial: our brief for a plaintiff who had lost at trial led to a favorable settlement with a large company
 
In re Estate of Bell, 316 S.W.3d 899 (Missouri Court of Appeals, Western District 2009)
 
  • Estate: overturned $325,000 settlement forced on beneficiary of estate worth more than twice that amount
  • Attorney’s arguments are not evidence, and attorneys testifying must be sworn and subject to cross-examination
  • Named one of Missouri Lawyers Weekly’s “Major Opinions of 2009, 2nd half” (Jan. 4, 2010)
  • View our brief and reply brief
 
Phan v. State, No. 0816-CV36955 (Circuit Court of Jackson County, Mo. 2009)
 
  • Criminal: vacated decade-old felony conviction and 13-year prison sentence; prosecution did not appeal
  • Vietnamese birth certificate showing client’s actual birthdate proved he was juvenile at time of alleged offense
  • Featured in the Kansas City Star (Aug. 23, 2009) and Missouri Lawyers Weekly (Aug. 18, 2009)
 
City of Kansas City v. Carlson, 292 S.W.3d 368 (Missouri Court of Appeals, Western District 2009)
 
  • Municipal: questioned whether city could prohibit bars allowing smoking indoors when state permitted bars to do so
  • World’s largest premium cigar manufacturer joined appeal as amicus
  • Named one of Missouri Lawyers Weekly’s “Important Opinions of 2009, 1st half” (July 7, 2009)
  • Named the Kansas City Daily Record’s third “Top Story of 2009” (Dec. 29, 2009)
  • Covered in the Wall Street Journal, the Kansas City Star, and the St. Louis Post-Dispatch
  • View our brief and reply brief
 
Kinnaman-Carson v. Westport Insurance Corp., 283 S.W.3d 761 (Supreme Court of Missouri 2009)
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  • Insurance: required insurance company to pay injured couple their $1.7 million judgment against its policyholder
  • Insurer who agrees to defend policyholder without reservation of rights cannot later deny coverage
  • Named one of Missouri Lawyers Weekly’s “Important Opinions of 2009, 1st half” (July 7, 2009)
  • Listen to the oral argument before the Supreme Court
  • View our brief and reply brief
 
State ex rel. Doe v. Moore, 265 S.W.3d 278 (Supreme Court of Missouri 2008)
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  • Criminal: questioned whether non-“sex offender” could be ordered to be treated like one as a condition of probation
  • First time since 1977 that any Missouri appellate court reviewed probation condition
  • Listen to the oral argument before the Supreme Court
  • View our brief and reply brief
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Doe v. Merritt, 261 S.W.3d 672 (Missouri Court of Appeals, Southern District 2008)
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  • Constitutional: required state to delete person from its “sex offender” registry who it had added retroactively
  • View our brief
     

 

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