News & Events

• Brooks Kancel Assists United Way
  
  Brooks Kancel recently served on a 2008 Allocations Review Panel for the United Way of the Plains. The panels receive training and visit agency sites before determining how United Way funding will be allocated for 95 local programs that assist the Wichita community in the areas of strengthening children and families, seniors, meeting basic needs and fostering health and independence. It is the second time Brooks has served in this important role.
   

• Reversal Obtained in Case of First Impression

  In a case closely-watched by lenders and title companies, the Kansas Court of Appeals recently reversed a lower court decision and ruled that the mortgages of purchase money real estate lenders have priority over previously-filed tax government liens. Tom Lasater successfully represented, American General Financial Services, Inc., the purchase money lender in the case. He was assisted by Lyndon Vix.

  The courts of Kansas had not previously addressed whether tax liens that attach to later-acquired property take priority over the liens of the lenders who made the purchase of that property possible. The lower court agreed with the State of Kansas that its sales tax lien took precedence over American General’s purchase money mortgage because the sales tax lien was the first to exist. On appeal, Tom argued that until the lender made its loan and created its lien, there nothing to which the State’s lien could attach, and that the lower court’s ruling would discourage lenders from making real estate loans. After determining that "apparently this is an issue of first impression in Kansas," the Court of Appeals agreed with Tom’s arguments and confirmed the superior position granted by the law to purchase money security interests. See American General Financial Services, Inc. v. Carter, 184 P.3d 273 (2008).
   

• Bill Thompson Honored

  Bill Thompson has been honored with the Wichita Bar Association's Lifetime Achievement Award. The award, which recognizes "sustained superior performance that recognizably sets the recipient apart from peers and whose accomplishments have brought credit and recognition to the profession," was conferred at the Association's recent installation dinner.

  Bill joined Fleeson, Gooing, Coulson & Kitch in 1957 and has been providing practical, sophisticated advice to clients in tax, business and estate planning matters ever since. He is well-known throughout the Kansas legal community not only for technical skill but for unflinching integrity and compassion. As one speaker at the awards dinner noted, colleagues can point to any number of complex and highly emotional family and business disputes that were resolved solely because all concerned trusted Bill's judgment and sense of fairness so thoroughly.

  Bill has also devoted his time and talent to the improvement of the legal profession. Most recently, he served a key role on the subcommittee of the Kansas Judicial Council that studied and ultimately recommended to the Kansas Legislature that it enact the Uniform Trust Code (UTC), a sweeping and comprehensive body of legislation that modernized and streamlined the administration of trusts. Kansas was the first state in the nation to enact the UTC.

  "Every member of this firm knows how fortunate we've been to practice in Bill's era," noted Steve Robison, a member of Fleeson's Executive Committee. "He is obviously a giant in our profession, but is still the same considerate, approachable person he always has been. Bill doesn't do anything for personal recognition, but it's great to see him receive some," said Robison of the recent award.
   

• Summary Judgment Granted in Delay Damages Case

  Ron Campbell and Lyndon Vix recently obtained summary judgment for a general contractor in a case involving a subcontractor's claim for $600,000 in delay damages.

  The dispute arose in the construction of a $50 million service center for a local jet manufacturer. Both the prime contract and subcontract contained language prohibiting claims for delay damages except for claims caused by "intentional interference" with the work. The subcontractor argued that "no damage for delay" provisions should not be enforced under Kansas law, and that the general contractor waived the provision based on an employee alleged statements to the subcontractor's representative suggesting that the subcontractor would be "taken care of" for the delay.

  U.S. District Judge Tom Marten rejected the subcontractor's arguments. He found that the subcontract was knowingly entered into between sophisticated business entities and that under Kansas law, "agreements limiting liability are valid and enforceable so long as they were fairly and knowingly entered into and if not in violation of some other provision of law." The court also found that the general contractor did not waive the "no damage for delay" provisions based on the alleged statements to the subcontractor, and noted that the subcontract required that any modification be in writing in any event.

  An appeal to the United States Court of Appeals for the Tenth Circuit is pending.
   

• Susan Selvidge Retires

  Susan Selvidge, one of the Wichita area’s preeminent employment law and litigation specialists, has retired from the firm in order to spend more time with her children and grandchildren. She and her husband, Charlie, have moved to Santa Cruz, California where they own a home.

  Susan’s career path was non-traditional. She attended law school at Northwestern University only after raising three children in the Chicago area. She moved to Wichita when Charlie, a talented engineer, accepted a position as a senior executive with Koch Industries, in Wichita.

  Susan joined Fleeson in 1981, and was initially involved primarily in product liability litigation. She played an active role in Johnson v. American Cyanamid Co., 239 Kan. 279, 718 P.2d 1318 (1986), a landmark case involving the most-commonly used vaccine for polio.

  In time, however, she became more-and-more interested and involved in labor and employment matters, and ultimately became a trusted counselor and friend to literally dozens of Wichita employers and human resource professionals. She also earned a stellar reputation in the United States District Court for the District of Kansas, where most employment disputes in the area are heard. Among the more notable reported decisions in cases in which Susan was involved in recent years are: Henry v. U.S.D. 503, 328 F.Supp.2d 1130 (D. Kan. 2004) (ADA claim examining reasonableness of accommodation sought by hearing-impaired individual); Timmermeyer v. Wichita Eagle and Beacon Publishing Company, 90 F.Supp.2d 1200 (D. Kan. 2000) (Title VII – failure to promote); and Charles v. Wichita Eagle and Beacon Publishing Company, 40 F.Supp.2d 1287 (D. Kan. 1999) (ADEA, implied-in-fact contract).

  In her spare time, Susan became an avid ballroom dancer. Bringing the same persistence and intensity that characterized her law practice to bear on her hobby, Susan was a regular participant and frequent prize winner at dance competitions across the United States. She is expected to bring the same approach to bear on her newest hobby, golf, in her retirement, using the clubs with which she was presented by the firm.

  "I practiced with Susan for 27 years, and am still struggling to get used to the idea that she isn’t down the hall to discuss a legal problem with," said Bill Tretbar, who heads Fleeson’s Employment Law Practice Group. "She was very bright and very practical, which is why I think her clients were so loyal to her. We will all miss her."
   

• William L. Townsley, III Completes His Term as President of the Wichita Bar Association
   
  Bill Townsley, installed as the President of the Wichita Bar Association during its annual Installation and Awards Dinner on June 28 of 2007 will complete his term in June of 2008.  His administration witnessed increased participation in association committees and functions including the creation of a new bar committee for business practice, the update and revision of the association's website, a renewed commitment by all to take the association into the future and best of all the highest membership in the history of the association, 1,300 members.  It has been a rewarding year for all.
  
  Bill, who joined Fleeson, Gooing, Coulson & Kitch in 1989, has chaired the firm's Litigation Practice Group.
   
  This is only the most recent of several leadership roles Bill has filled in local and state bar organizations.  He has previously served as President of both the Litigation Section and the Insurance Law Section of the Kansas Bar Association and as Vice President of the Wichita Bar Association.
   
  The Wichita Bar Association is a voluntary association consisting of more than 1300 members.  Bill is the first member of the firm elected President since Tom Lasater, who served in 1999-2000.
   

• Court of Appeals Affirms Judgment for Electric Utility
  
  The Kansas Court of Appeals recently affirmed the dismissal of a manufacturer's claim that electricity furnished by a local power company was "defective."  Fleeson’s Chuck Millsap led the successful defense effort.  See, Microtronics v. City of Iola, 157 P.3d 1129, (2007), rev. denied, Nov. 11, 2007.
  
  The plaintiff in Microtronics manufactured wireless controls at a plant in Iola, Kansas.  The plaintiff claimed $1.5 million in damages it blamed on problems with electricity furnished by the City of Iola, which it in turn said caused disturbances in its operations.  The City denied that the electricity it furnished was “defective,” and asserted that plaintiff’s damages were attributable to other causes.  Among other things, the evidence established that none of the utility’s other customers experienced problems of the character described by Microtronics.
  
  The claim was originally brought in federal court, but was dismissed for failure to state a claim that would support federal court jurisdiction.  Microtronics v. City of Iola, No. 03-1159-WEB, 2003 WL 22149671 (D. Kan. Sept. 9, 2003).  The plaintiff then filed the action in the District Court of Allen County.   
  
  After undertaking exhaustive discovery, the parties filed cross motions for summary judgment.  The district court granted the defense motion, finding that all of the plaintiff’s claims were barred by limitations. 
  
  The district court's decision was affirmed by the Kansas Court of Appeals in May, 2007, and the plaintiff’s petition for review by the Kansas Supreme Court was denied on November 11, 2007.  Chuck was assisted in the appellate courts by Fleeson’s Lyndon Vix.
   

• Fleeson Assists With Asset Sale

  The assets of Wichita-based Western Uniform & Towel Service, Inc. were recently sold to UniFirst Corporation of Wilmington, Massachusetts. Fleeson members John Gerdes and Steve Stark served as counsel to Western in the transaction, which closed in September, 2007.
  
  Western has been a leading supplier of industrial uniforms and textile products for more than 60 years, serving customers throughout a six-state area including Kansas, Oklahoma, Missouri, Nebraska, Colorado and Texas. UniFirst is one of North America's largest work-wear suppliers, serving more than 200,000 customers throughout the United States, and in Canada and Europe.
   

• Seely Joins KU Law School Board of Governors
  
  Fleeson member David Seely was elected to the Board of Governors of the University of Kansas School of Law at the annual meeting of the KU Alumni Society on November 3, 2007. David earned his undergraduate degree from KU in 1979 and was graduated from the law school in 1982. He will serve a three-year term on the Board of Governors, which advises law school administrators with respect to development and other matters.
   

• Process Served Eight Hours Too Late
  
  The Kansas Supreme Court has denied review in a case in which a personal injury claim was dismissed because the defendant was served with process eight hours too late. Bill Tretbar represented the defendant in both the district court and on appeal.
  
  In Underhill v. Thompson, [37 Kan.App.2d 870, 158 P.3d 987 2007], rev. denied, Nov. 6, 2007, the plaintiff, who was injured in an automobile accident, retained several process servers in an effort to locate the defendant several months prior to the expiration of limitations. These individuals were unable to locate the defendant, who had moved to Kentucky. Ultimately, plaintiff's counsel retained a skip tracer who succeeded in locating the defendant, who was served at 8:00 a.m. on the 121st day following the filing of the lawsuit. Because service was not effected within 120 days, the case was viewed as having been commenced as of the date of service, which was well beyond the two-year limitations period that applies to personal injury cases.
  
  The plaintiff argued that limitations should be tolled pursuant to K.S.A. 60-517, which applies in cases in which a defendant "absconds or conceals himself" in an effort to avoid process. The Court of Appeals agreed with the trial court that the evidence did not establish that the defendant had made any effort to conceal himself and, therefore, that the plaintiff failed to sustain her burden to prove facts sufficient to invoke the tolling rule provided for in the statute.
   

• Fleeson Attorneys Identified as Missouri Kansas Super Lawyers
  
  Seven members of Fleeson, Gooing, Coulson & Kitch, L.L.C. have been singled out for recognition in the 2007 edition of Missouri Kansas Super Lawyers.
  
  The annual publication is intended to identify the top attorneys n their respective fields in the two-state area, as recognized by their peers.
  
  The Members listed in the 2007 edition of Missouri Kansas Super Lawyers include Charles Cole (estate planning and probate); Linda Constable (estate planning and probate); Eric Engstrom (business and corporate law); Chuck Millsap (business litigation); Steve Robison (civil litigation – defense); Steve Stark (real estate); and Greg Stucky (energy and natural resources).
   

• Paralegal Honored
  
  Fleeson’s Cheryl Clark, ACP, an active member of the National Association of Legal Assistants (NALA), was recently appointed to NALA's certifying board. The board is responsible for writing and grading the Certified Legal Assistant (CLA) examination which is administered throughout the United States. Cheryl, who has worked with Fleeson's Litigation Practice Group for 11 years, has also been appointed as chair of the Kansas Bar Association's Paralegal Committee and Task Force. The Task Force is a group exploring the possibility of state certification for paralegals. The group will submit its report to the Board of Governors in early-2008.
   

• Fleeson Attorneys Listed in The Best Lawyers in America

  Sixteen members of Fleeson, Gooing, Coulson & Kitch, L.L.C. have been included in the 2008 edition of The Best Lawyers in America^® in fifteen different practice areas.  Best Lawyers^® lists lawyers in 80 practice areas based on an exhaustive and rigorous peer‑review survey that has been developed and refined over nearly 25 years.

  Firm members listed in the publication are, Ron Campbell (Commercial Litigation and Construction Law); Charles Cole (Trusts & Estates); Linda Constable (Trusts & Estates); Eric Engstrom (Corporate Law, Bankruptcy & Creditor‑Debtors Rights Law and Mergers & Acquisitions Law); Tom Kitch (Natural Resources Law and Oil & Gas Law); Tom Lasater (Commercial Litigation and Corporate Law); Kent Meyerhoff (Intellectual Property and Trusts & Estates); Chuck Millsap (Commercial Litigation and Construction Law); Steve Robison (White‑Collar Criminal Defense); Steve Stark (Real Estate Law); Greg Stucky (Natural Resources Law and Oil & Gas Law); Bill Thompson (Corporate Law and Trusts & Estates). Bill Townsley (Workers’ Compensation Law); Bill Tretbar (First Amendment Law) and Lyndon Vix (Appellate Law and First Amendment Law).
   

• David Seely elected Chairperson of the Kansas Continuing Legal Education Commission

David Seely has been elected chairperson of the Kansas Continuing Legal Education Commission. The Commission administers the rules for continuing legal education in Kansas, including program accreditation and attorney compliance. Mr. Seely was appointed to the Commission in 2002 by the Kansas Supreme Court.

• Legal Assistant Cheryl Clark receives NALA award

Congratulations to Cheryl Clark, who was presented with an Outstanding Contribution Award by the National Association of Legal Assistants (NALA) at their annual meeting in Tampa, Florida. Many of you know Cheryl, who has been with Fleeson, Gooing, Coulson & Kitch, L.L.C. since April 16, 1997, from her tireless work in assisting the firm’s attorneys in contested litigation matters. The NALA award recognizes Cheryl’s efforts on behalf of that organization’s Kansas affiliate, which Cheryl has served as a board member and as chair of several committees. Her interest in professional education led to a request from the American Bar Association Committee on Paralegals for Cheryl’s assistance in the recertification of Washburn University’s legal studies program, at the conclusion of which she was asked to assist with future recertification. She has also worked closely with the legal assistant programs at both Wichita State University and Newman University. We are extremely proud of Cheryl, not only for the professional recognition she has received but for the outstanding skills and attitude she brings to work every day on behalf of our clients.

• Steve M. Stark presents at Hot Topics in Real Estate Practice Seminar
  
  Steve Stark recently presented at the Hot Topics in Real Estate Practice Seminar sponsored by the Wichita Bar Association.  Steve spoke on issues relating to the innocent purchaser defense and environmental due diligence in real estate transactions.  For more information on this topic, please click the links below.

  • "Environmental Due Diligence In Real Estate Transactions:
    The Innocent Purchaser Defense And The Evolving Standard For Conducting All Appropriate Inquiry"

  • Attachment
     

• Three Attorneys Present at Orientation to Kansas Practice for New Lawyers
  
  Three attorneys from Fleeson, Gooing, Coulson & Kitch recently made presentations to a large group of new lawyers at the Orientation to Kansas Practice for New Lawyers hosted by the Wichita Bar Association.  This program consisted of a variety of lawyers from different practice areas.  Thomas J. Lasater spoke on the issue of stress management in the practice of law.  Charles E. Millsap made a presentation on a variety of Civil practice topics.  And Lyndon W. Vix spoke to the group on Appellate practice in Kansas.
   

• Meyerhoff Presents to Bar Association Groups
  
  Kent A. Meyerhoff recently presented at the Probate Practice Seminar sponsored by the Wichita Bar Association.  Mr. Meyerhoff spoke on recent statutory and case law developments affecting probate practitioners.  He also recently spoke to the Probate Committee of the Wichita Bar Association about important changes implemented by the IRS earlier this year to Circular 230, which governs the conduct of tax professionals who practice before the IRS.