Significant out-of-state verdicts and settlements
Staff Report//February 1, 2016//
Throughout the year, Missouri attorneys have worked hard in and out of the Show-Me State. Our Verdicts & Settlements rankings are devoted to cases that take place within Missouri, but we would like to recognize a few cases Missouri attorneys handled in other states that achieved significant results.
$131 million class-action settlement
Bennett et al. v. Sprint Nextel Corporation, et al.
U.S. District Court District of Kansas
Winning Counsel: Norman Siegel, Rachel Schwartz, Stueve Siegel Hanson, Kansas City
A group of Sprint shareholders argued the Overland Park, Kansas company made false and misleading statements about its “tightened credit standards, decreasing reliance on subprime subscribers, improved wireless subscriber metrics” and its 2005 merger with Nextel Communications. In 2008, the company revealed substantial financial losses, causing significant losses to shareholders through plummeting stock prices.
$44 million settlement
Trustee v. In re Peregrine Financial Group Customer Litigation
U.S. District Court Northern District of Illinois Eastern Division
Winning Counsel: Norman Siegel, Stueve Siegel Hanson, Kansas City
A Kansas City firm represented plaintiffs in a class-action suit against a collapsed financial firm resulting in a $44.5 million settlement. Plaintiffs alleged the CEO of Peregrine Financial Group committed fraud and U.S. Bank and JP Morgan Chase Co. negligently assisted the company and the CEO in a scheme to misappropriate $200 million in customer funds. The settlement was approved in October 2015.
$38.2 million defense win
RLIS Inc. v. Cerner Corp., Allscripts Healthcare Solutions Inc.
U.S. District Court, Southern District of Texas
Winning Counsel: Trent Webb, Shook, Hardy & Bacon, Kansas City
A Texas jury sided with North Kansas City-based health care company Cerner in this patent infringement case. The case alleged that Cerner had licensed and sold electronic medical records software that used RLIS’ technology and that Cerner incited other companies to infringe on RLIS’ patent. The jury agreed with defense attorney Webb that hospitals were using the technology RLIS had patented before the date its owner claimed to have invented it, and therefore found his patent invalid.
$10 million class action settlement
Consumer Cases v. In re: Target Corporation Customer Data Security Breach Litigation
U.S. District Court District of Minnesota
Winning Counsel: Norman Siegel, Stueve Siegel Hanson, Kansas City
The case goes back to December 2013, when the retailer revealed that hackers had stolen the credit and debit card data of 40 million customers, and compromised the private information of about 70 million consumers. In addition to the $10 million settlement, the retailer agreed to improve its data security practices and to pay class notice and administrative expenses, which will also be paid apart from the fund.
$7.4 million settlement
Schutte v. Secretary of Health and Human Services
U.S. Court of Federal Claims, District of Columbia
Winning Counsel: Leland Dempsey, Dempsey & Kingsland, Kansas City
Carolyn Schutte, a former mayor of Excelsior Springs, suffered an adverse reaction from an immunization she got in 2011 at a public health center, resulting in severe brain damage. Schutte’s family filed a claim with the U.S. Court of Federal Claims under the National Childhood Vaccine Injury Act, which compensates those who suffer vaccine-related injuries and shields the vaccines’ manufacturers from liability.
$6 million settlement
Malone et al. v. Horn Distributing, Inc. et al.
Johnson County District Court (KS)
Winning Council: Laurie L. Del Percio, The Horn Law Firm, Independence
Staff at a warehouse jobsite recommended the plaintiff, an electrical worker, use a forklift outfitted with a platform made of scrap wood to reach the lights on the ceiling. The worker fell off the makeshift platform, resulting in a traumatic brain injury.
$5.6 million defense win
Melvin Austin, Jennifer Austin v. Louisville Ladder Inc.
Southern District of Iowa (Eastern Division), Federal Court
Winning Counsel: Bruce A. Moothart, Paul D. Seyferth, Seyferth, Blumenthal & Harris, Kansas City
The plaintiff contended a bolt on an extension ladder, which held a rung lock in place, had been overtightened during the manufacturing process, partially fracturing the component. When the plaintiff put his full weight on the ladder, the bolt broke, causing the plaintiff to fall and sustain numerous injuries. The defense contended successfully that the injury occurred as the plaintiff moved from the ladder to the roof and that the bolt was broken afterwards.
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