Underground Vaults and Storage v. Cintas
Jim Armstrong, Mike Stout, and Amy Lemley represented the plaintiff, UVS. This is a breach of fiduciary duty case involving self dealing with respect to a joint bid by UVS and Cintas. The jury awarded appx. 3 million in actual damages and 8 million in punitive damages. The trial judge took the punitive damage award away. Cintas appealed the jury verdict and UVS cross-appealed the ruling on the punitive damage award. The case is currently on appeal to the 10th Circuit.
Steckline v. Journal Broadcast Group of Kansas
Amy Lemley and Jay Fowler represent JBGK in this breach of contract case, which they won on a Motion to Dismiss. The amount of damages is disputed; the plaintiff claims it is in excess of a million dollars, JBGK disagrees. The case is currently on appeal with the Kansas Court of Appeals. Steckline claimed that JBGK breached a contract when it stopped airing content from Steckline; JBGK claimed that Steckline breached the contract first, excusing performance, when it caused profanity to be aired over a live feed to one of JBGK's radio stations. In addition, Steckline had content delivery problems which resulted in dead air and similar issues for over a year before the incurable breach occurred with the profanity.
Wichita Firefighter's Relief Association v. Kansas City Life Insurance Company
Amy Lemley represents the WFRA. A Wichita firefighter died as a result of a physical injury sustained while fighting a fire. The insurance company paid the life insurance portion of the policy, but refused to pay the accidental death portion. The refusal was litigated in federal court, where a Magistrate Judge granted the Insurance Company summary judgment on the basis that the firefighter was not accidentally fighting a fire, even though there is no policy exclusion for on the job injuries or death. The case is on appeal to the 10th Circuit. Before the ruling on the summary judgment, the insurance company made an offer of judgment for policy limits but refused to pay any amount in attorney's fees, despite the fact that WFRA contends that its claim handling was grossly negligent.