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Shook, Hardy & Bacon L.L.P.
2555 Grand Boulevard
Kansas City, MO 64108
District of Kansas:
Bar #04892 (-)
Missouri Bar: #59136 - Admitted 2007
U.S. Supreme Court, U.S. Tax Court, U.S. Court of Appeals for the Tenth Circuit
I was asked to be a mediator in the federal courts when the original panel was instituted. That program was later discontinued. However, for more than five years, I have served as a mediator in private mediations, as well as by appointment in both federal and state courts. In total, I have served as the mediator in approximately 25 cases. Almost all of the cases that I have mediated involved complex legal and factual issues. In a number of instances, it has taken more than one session to resolve the case. Additionally, in a number of mediations, I have continued the mediation negotiations by telephone, with considerable success. I have also been counsel in approximately 15-20 mediations.
Counsel for a Party:
I have not taken any formal mediation training. However, I have been involved in litigating complex business, personal injury, and insurance cases for more than 40 years, and believe I am able to work through complex issues in a timely and efficient manner. My success rate as a mediator has been very high.
Approved Mediator for Civil Cases by the State of Kansas:
* Lead counsel in the representation of the Employee Stock Ownership Plan (ESOP), which was the largest stockholder in the J.C. Nichols Company. The case was successfully mediated before Judge Lungstrum in Kansas City, Kansas, after a marathon session lasting several days.
* Lead counsel in the defense of massive federal and state court actions in Brownsville, Texas, where several hundred Mexican children claimed catastrophic injury as a result of their mothers' exposure to solvents in a plant in Matamoros, Mexico. After several years of intense litigation, all cases were successfully mediated to a conclusion. Also lead counsel in actions against numerous insurance companies who refused to defend these cases, resulting in a full recovery for the client. During the course of this litigation, the parties were involved in five mediation sessions with three different mediators which included ten to twelve days of mediation. The insurance recovery actions were all successfully mediated.
* Defended Columbia HCA in an antitrust claim brought by the largest physician-owned clinic in Kansas. The plaintiffs claimed Columbia attempted to monopolize physician services in Wichita, Kansas, and that it tortiously interfered with the clinic's physician contracts in acquiring primary care practices. The case was won on summary judgment, avoiding a scheduled five week trial. The parties attempted to mediate the dispute but were unsuccessful.
* Lead counsel in a pro bono action brought by high school students alleging violation of their First Amendment rights as a result of the removal of a controversial book from the school library. A trial in federal court resulted in a victory for the students. The court allowed attorneys' fees, which were donated by the firm to a foundation which promotes student education concerning the First Amendment.
* Defended a rural Kansas telephone company in a case involving antitrust, tortious interference and other claims. The plaintiffs' antitrust and tortious interference claims were dismissed by the court on the defendants' 12(b)(6) motion.
* Acted as liaison counsel for approximately 250 third-party defendants in the Conservation Chemical Superfund case in Kansas City.
* The federal court in Minot, North Dakota, entered summary judgment for my client, Ford Motor Company, in a multimillion dollar toxic tort case, thereby avoiding a six week trial.
* Represented the owners of land in the industrial area of Kansas City, Kansas, in claims for damages as a result of extensive pollution.
* Represented several hospitals and medical organizations before the Supreme Court of Kansas in Certificate of Need litigation. Has served on the Board of Directors for Humana Hospital of Overland Park and as counsel for that hospital.
* Defended securities fraud litigation for B.C. Christopher Securities Co; R.G. Dickinson and Company; Union Planters Corporation of Memphis, Tennessee; and Sheplers, Inc.
* Involved in corporate takeover litigation for the Kansas City Life Insurance Company, in which Torchmark Corporation sought a preliminary injunction to force Kansas City Life's board to evaluate Torchmark's offer to purchase.
* Lead counsel in the representation of Western Auto and numerous plan participants in an action brought against Northwestern Mutual Life Insurance Company. The case resulted from a defective deferred compensation plan.
* Extensively involved in banking and other commercial litigation, including representation of Mark Twain Bank in litigation with the State of Kansas concerning moving a national bank across state lines. Cases were filed in state and federal courts, as well as the Supreme Court of Kansas.
* Involved in many other types of business, products liability, toxic tort, insurance, and antitrust litigation for a number of clients.
45% representing Plaintiffs
55% representing Defendants
40% in Federal Courts
60% in State Courts
1954 J.D., University of Kansas School of Law
1951 B.S., University of Kansas
I have been selected as one of the outstanding business litigators in Kansas in numerous editions of The Best Lawyers in America. I have been a faculty member at the Kansas Institute of Trial Advocacy. I have also been a speaker and participant in business and commercial law seminars. I received the Justinian Award presented by the Johnson County Bar Association and the Kansas Bar Association's Pro Bono Award. I have also received a Pro Bono Award from the American Bar Association, as well as the Shook, Hardy & Bacon Lifetime Pro Bono Award. In 2003, I was honored with the Whittaker Award from the Lawyers Association of Kansas City.
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