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The law
is shaped and refined through litigation. Trial work has
traditionally been and remains the heart of our firm's practice.
As increased specialization changes
the face of the legal profession, the skills of the trial advocate
in negotiation, arbitration and in the trial and appeal of cases
remain essential to the effective representation of a client.
Without these skills, no lawyer or firm can properly evaluate the
strengths and weaknesses of a client's position and advise
accordingly. In recognition of this need, all of our lawyers are
familiar with the litigation process and about 50 percent of them
concentrate their professional efforts in this area.
Because disputes may arise in
virtually any legal context, our litigation work touches all other
aspects of our practice. Regardless of subject matter, our efforts
have consistently placed us at the forefront of developing
substantive law.
Constitutional and Media Law
The firm is counsel to Wichita's
only daily newspaper, as well as one of its television stations,
and has developed specialized skills and expertise in the area of
media law. Our lawyers are engaged in a full range of
press-related matters including disputes over access to public
meetings and public records and privacy and First Amendment
issues. We have served as lead counsel in the libel cases which
formed the modern law of Kansas in this area.
We are also active in litigation
based upon the Constitution of the United States and the Kansas
Constitution. Our successful representation of The Gas Service
Company before the U.S. Supreme Court established the
constitutional boundaries of federal jurisdiction in class action
litigation. Our firm successfully defended a challenge to the
Kansas college tuition grant program, which insured the continued
availability of certain types of financial aid at the state's
small colleges and universities.
We remain involved in litigation
concerning a range of constitutional principles, including due
process and equal protection of law and limitations on the
government's power to regulate interstate commerce, and other
fundamental rights.
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Corporate and Commercial
Litigation
We believe our success as a firm
is attributable to our skill in complex disputes that do not have
simple resolutions. This is most evident in our corporate and
commercial litigation practice, in which we are often involved in
matters requiring strength and staying power which many firms do
not possess. We are prepared to organize and dedicate a team with
an appropriate mix of skills and experience to such litigation.
We have long been active in
difficult and complex corporate and commercial litigation. We
have litigated matters involving shareholder disputes,
intellectual property disputes, antitrust matters, securities
matters, contract disputes, and construction disputes. We
also have considerable experience in assisting both consumers and
businesses faced with issues arising under the Kansas Consumer
Protection Act, Fair Debt Collection Practices Act and other state
and federal consumer protection legislation.
In the recent past, we have:
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On behalf of a large financial institution, created
precedent which recognized the right of creditors to enforce
valid contractual obligations without fear of retaliatory tort
litigation
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Successfully recovered damages and injunctive relief for
businesses who have suffered loss of intellectual property and
computer programs to competitors.
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Represented a health care system accused of antitrust
violations and obtained a complete vindication of the system and
its subsidiaries.
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Represented a general contractor in recovering delay damages
in connection with a construction project at a major university.
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Successfully represented a national accounting firm
resulting in appellate court decision limiting the duties of
accountants.
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Eminent Domain
(Condemnation)
When private property is taken for a public
purpose, the property owner is entitled to just compensation.
Unfortunately, the government's view of just compensation is often
at odds with actual property values.
Fleeson, Gooing, Coulson & Kitch, L.L.C. takes
great pride in the reputation it has earned throughout Kansas for
its successful representation of property owners in eminent domain
proceedings. Our efforts, both on behalf of clients and as
consultants to other lawyers, have consistently resulted in
substantial increases in the amounts paid to compensate for
governmental takings.
The Firm's lawyers are experienced in cases
commenced by local, state and federal condemning authorities, as
well as public utilities. In recent years we have assisted
dozens of property owners affected by the decades-long project to
widen U.S. Highway 54, Wichita's busiest east-west thoroughfare, a
project that has resulted in the taking of hundreds of acres of
the city's most valuable commercial property, a well-established
Catholic church and school, and dozens of private residences.
We have also remained active in the representation of agricultural
landowners throughout the state in projects involving federal
reservoirs, utility easements and highway expansion.
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Employment Law
A number of our lawyers devote a
significant portion of their practices to litigation arising from
the employment relationship. This area of the law requires an
awareness of fast-breaking developments. By monitoring these
developments, we are able to counsel our clients to minimize the
risk of litigation. For example, many disputes can be avoided by
careful review of proposed statements of company policy in
personnel manuals.
When disputes arise, we are
experienced in the representation of clients both in court and
before government agencies. We have successfully defended numerous
discrimination and wrongful termination claims, as well as suits
based on alleged violations of the Fair Labor Standards Act,
Occupational Safety and Health Act and National Labor Relations
Act. We also are active in proceedings based on the Kansas
employment security law, including unemployment compensation
matters and employee status determinations.
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Environmental Law
Assessing and allocating
environmental liability are crucial in a wide range of business
transactions, including corporate acquisitions, mergers and the
purchase and sale of commercial real estate. The potentially
staggering costs of compliance with governmental regulation and
mandatory cleanup efforts have caused many transactions to be
completely re-evaluated. Litigation arising from environmental
concerns continues to increase.
Our lawyers have played a
substantial role in the development of this area of law. We have
represented numerous clients in court and before state and federal
environmental regulatory bodies. As a result, we have gained a
working understanding of the legal and technological issues
critical to successful representation. We also are experienced in
liability insurance coverage disputes which are often incidental
to environmental claims.
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Intellectual Property
Our firm’s
intellectual property litigation practice includes representing
clients in a broad spectrum of intellectual property matters,
including disputes regarding names and logos, confidentiality
agreements, licensing agreements, intellectual property transfer
agreements, unfair competition and enforcement of trademark,
copyright and trade secret rights.
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Personal Injury, Product Liability and Insurance Defense
Our position as one of the larger
firms in the state has enabled us to develop an active and
sophisticated practice in tort litigation on behalf of both
plaintiffs and defendants.
From routine automobile accident
claims to complex product liability cases, we are committed to the
zealous representation of our clients' interests and the
successful resolution of disputes. In this area, as in many
others, we have consistently been present at the creation of legal
doctrines now a part of the established law of Kansas.
Our firm was engaged in the
successful defense of America's last manufacturer of polio vaccine
in a landmark suit challenging the adequacy of the warning given
in connection with its distribution for use. Earlier cases in
which the firm was involved led to the adoption of the doctrine of
informed consent in medical malpractice cases and the rule of
strict liability for unreasonably dangerous products and
subsequent refinements of that doctrine.
Our firm's representation of
well-known insurance carriers has enhanced our expertise in the
areas of professional malpractice, workers' compensation and
premises liability.
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Natural Resources Law
Our firm's energy law practice
encompasses the entire range of activities related to mineral
exploration and development, including the acquisition and sale of
producing oil and gas properties, title examination and contract
drafting. It also includes appearances before the Kansas
Corporation Commission in pooling, spacing and related matters.
Our firm has acquired a national
reputation in matters relating to the production, regulation and
sale of natural gas. For more than 40 years, our firm has
represented the Southwest Kansas Royalty Owners Association and
has been involved in class action litigation and regulatory
disputes of unprecedented complexity concerning natural gas
produced from the 1.7 million acre Kansas Hugoton Field. This
representation has involved appearances before the U.S. Supreme
Court, the Federal Courts of Appeals, the Federal Energy
Regulatory Commission, the Kansas Supreme Court and the Kansas
Corporation Commission. A few of our firm's accomplishments
include:
The enforcement, by class action,
of royalty owner claims for underpayment of royalty on natural
gas. The Kansas Supreme Court's adoption of our theory of recovery
culminated in the recovery of more than $100 million in additional
royalties for our firm's clients.
The enforcement, by class action,
of royalty owner claims for the value of commingled helium
produced from the Hugoton Field. These ongoing proceedings have
resulted in the payment of helium royalty to tens of thousands of
class members.
Recognition by the Kansas Supreme
Court of the landowners' right to pre-judgment interest in suits
for the recovery of underpaid royalties in nationwide class action
litigation.
We are presently pursuing class
action relief against major natural gas producers in three states
on behalf of royalty owners.
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White Collar Civil and
Criminal Defense
Our lawyers have substantial
experience in the defense of government allegations of fraud and
other misconduct, in both civil and criminal settings. We have
represented many individuals and business concerns, including
investment advisors, securities dealers, defense contractors and
health care providers.
The number of civil and criminal
statutes, both state and federal, regulating every business and
profession has grown by leaps and bounds during the past 10 years.
Parallel to this growth, enforcement efforts have burgeoned.
Special investigation and prosecution units have been established
in the offices of every federal prosecutor and of many state
prosecutors. Bankers, securities dealers, defense contractors and
physicians, to name only a few, are subject to intense and
frequent scrutiny for civil and criminal wrongdoing.
In the most common situation, we
are contacted by a client while an investigation is still
underway. Our lawyers make every effort to steer the investigation
toward a favorable conclusion. We often conduct internal corporate
investigations into the allegations made by the government. These
investigations are concluded before any formal allegations are
made. If wrongdoing is found, we assist the client in altering
procedures to insure that a recurrence of the problem does not
happen, and we work with the government agencies to diffuse or
avoid liability. When there has been no misconduct, our lawyers
work closely with the government agencies to be sure that the
appropriate information is communicated to them.
On occasion, the government will
file formal criminal charges or civil enforcement actions at the
conclusion of an investigation. Our lawyers have successfully
defended clients from charges of insider trading, government
procurement fraud, bankruptcy fraud, bank fraud, securities fraud,
financial improprieties in the receipt of government funding,
misuse of government funds, tax fraud and industrial espionage.
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Workers' Compensation
Our litigation team prevails by
focusing on legal analysis to reveal legal issues in workers'
compensation cases. Our lawyers have earned a reputation for legal
analysis and are often consulted by other Kansas counsel about the
possibility of overlooked defenses. We accept no cases at face
value. We pursue extensive investigation into statements that
include the location of the accident, the circumstances of an
alleged job-related injury, and that proper and timely notice was
given and all deadlines were met.
We keep our clients informed of
statutory changes in a timely manner. We provide proactive counsel
to clients by explaining in detail their rights and duties to
ensure compliance with statutory law. We recommend preventative
measures to help clients avoid future claims.
Our lawyers frequently speak at
seminars for the Wichita and Kansas Bar Associations. We also
organize presentations to employers, business owners and insurance
companies. We personally visit our clients in their offices.
Members of our firm have dedicated
their practice to insurance defense, and workers' compensation is
not delegated downward as in other firms. Our clients receive
personal attention and contact from our lawyers.
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