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Lyndon W. Vix

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lvix@fleeson.com
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Lyndon W. Vix

Lyndon Vix was born in Minot, North Dakota, and was raised on a farm outside Sawyer, North Dakota. In 1982 he received his Bachelor of Arts degree with highest honors in Social Science-History & Political Science from Tabor College in Hillsboro, Kansas, where he served as student body president and student representative on the Tabor College Board of Directors. Mr. Vix received his Juris Doctor degree, cum laude, from the University of Minnesota and began practicing with Fleeson, Gooing, Coulson & Kitch in 1985. With his late wife Annette, he raised three grown children.

Mr. Vix's practice covers a number of diverse areas. He is primarily engaged in Appellate Litigation, Media Law, and Insurance Law, but he also is involved in Business and Commercial Litigation, Condemnation, Workers' Compensation, and Foreign-born Adoptions. He has been the primary author of approximately seventy-five appellate briefs in state and federal courts and over 150 briefs to the Kansas Workers' Compensation Appeals Board. He also serves as primary newsroom counsel to The Wichita Eagle newspaper. Mr. Vix is listed in The Best Lawyers in America (Insurance Law, First Amendment Law, and Appellate Practice) and in Missouri & Kansas Super Lawyers (Appellate Practice). He previously chaired the firm's Litigation Practice Group and currently serves on its Executive Committee.

Mr. Vix is a member of the Wichita and Kansas Bar Associations as well as the National Council of Appellate Lawyers and the Kansas Association of Defense Counsel.  He is a past member of the Wesley E. Brown American Inn of Court, where he served as membership chair. Mr. Vix also serves as chair of the WBA Unauthorized Practice Committee and has been a staff member and contributor to the WBA's Bar-o-Meter magazine. He has also participated in eight Wichita Bar Shows as an actor and soloist.

Mr. Vix has been a speaker at many continuing legal education programs, particularly in the areas of appellate practice, media law, and workers' compensation. He has given several presentations, including "Appellate Procedure in the Kansas State Courts" and "The World of Summary Judgment in Federal Court" for the Wichita Bar Association; "Discussing Case Situations" for the annual Division of Workers' Compensation Seminar; "How to Lose an Appeal in One Easy Brief" for the Kansas Bar Association; and "Understanding and Executing Kansas Open Records Requests" for the Kansas Association of Legal Assistants.  Has has also presented on the topic of appellate procedure at the WBA’s seminar for new lawyers. Mr. Vix was the author of "Testing the Limits of Bates v. Hogg" in the spring 2009 issue of the Kansas Defense Journal and for the past twleve years has authored the Kansas chapter for Business Torts: A Fifty State Guide published by Aspen Publishers.

Mr. Vix recently completed 30 years of service on the board of directors of Tabor College in Hillsboro, Kansas. During that time he held various leadership positions and was chair of the board for 19 years. Mr. Vix has also served as an adjunct professor for the Tabor College School of Adult and Graduate Studies at both the bachelor's and master's levels, in the areas of business law, business ethics, and public speaking. He was the speaker at Tabor College’s 100th commencement exercises in May of 2010.

Mr. Vix has served in several capacities within the Mennonite Brethren denomination, including as vice-chair of the General Conference of Mennonite Brethren Churches of North America and member of the board of directors of the Mennonite Brethren Biblical Seminary. He and his family are active in the First Mennonite Brethren Church in Wichita, where he has served in various leadership roles including moderator.

Among the notable cases in which Mr. Vix has been involved are:

    • Creegan v. State, --Kan.--, 291 P.3d 36 (2017) [eminent domain]
    • Patterson v. Cowley County, -- Kan. --, 388 P.3d 923 (2017) [highway defect]
    • United States, ex rel. Smith v. Boeing Company, 825 F.3d 1138 (10th Cir. 2016) [False Claims Act]
    • Martin Marietta Materials, Inc. v. Kansas Department of Transportation, 953 F. Supp. 2d 1176 (D. Kan. 2013), aff'd, 810 F.3d 1161 (10th Cir. 2016) [constitutional law]
    • Hunter Health Clinic v. Wichita State University, 52 Kan. App. 2d 1, 362 P.3d 10 (2015) [Kansas Open Records Act]
    • Hutton & Hutton Law Firm, L.L.C. v. Girardi & Keese, 96 F. Supp. 3d 1208 (D. Kan. 2015) [personal jurisdiction]
    • Mashaney v. Board of Indigents' Defense Services, 49 Kan. App. 2d 596, 313 P.3d 64 (2013), rev'd, 302 Kan. 625, 355 P.3d 667 (2015) [legal malpractice]
    • City of Wichita v. Denton, 296 Kan. 244, 294 P.3d 307 (2013) [condemnation]
    • Scott v. Hughes, 294 Kan. 403, 275 P.3d 890 (2012) [wrongful death]
    • Trevizo v. El Gaucho Steakhouse, 45 Kan. App. 2d 667, 253 P.3d 786 (2011) [workers compensation]
    • Stearns v. Clarkson, 615 F.3d 1278 (10th Cir. 2010) [civil rights]
    • The Law Co., Inc. v. Mohawk Const. & Supply Co., Inc., 523 F. Supp. 2d 1276 (D. Kan. 2007), rev’d 577 F.3d 1164 (10th Cir. 2009), remanded to 702 F. Supp. 2d 1304 (D. Kan. 2010) [construction]
    • Mitchell v. Petsmart, Inc., 41 Kan. App. 2d 523, 203 P.3d 76 (2009), aff’d in part rev’d in part, 291 Kan. 153, 239 P.3d 51 (2010) [workers' compensation]
    • Martinez v. Milburn Enterprises, Inc., 290 Kan. 572, 233 P.3d 205 (2010) [amicus brief in tort damages case]
    • Kannaday v. Ball, 44 Kan. App. 2d 65, 234 P.3d 826 (2010), rev. denied, 3/7/11 [personal injury]
    • Webb v. West Coast Life Ins. Co., 338 Fed. Appx. 742 (10th Cir. 2009) [life insurance]
    • Downing v. Kingsley, 43 Kan. App. 2d 30, 221 P.3d 115 (2009), rev. denied, 1/7/11 [personal injury]
    • Pollock v. Crestview Country Club Ass'n, 41 Kan. App. 2d 904, 205 P.3d 1283 (2009) [private association]
    • In re Ford, 387 B.R. 827 (Bankr. D. Kan. 2008), aff’d, 574 F.3d 1279 (10th Cir. 2009) [bankruptcy]
    • Le v. Joslin, 41 Kan. App. 2d 208, 202 P.3d 677 (2009) [civil procedure]
    • John Allan Co. v. Craig Allen Co L.L.C., 540 F.3d 1133 (10th Cir. 2008) [trademark infringement]
    • Waeker v. American Family Mutual Ins. Co., 275 Fed. Appx. 777 (10th Cir. 2008) [property insurance]
    • State ex rel. Six v. Kansas Lottery, 286 Kan. 557, 186 P.3d 183 (2008) [amicus brief in constitutional challenge to casino gaming legislation]
    • American General Financial Services, Inc. v. Carter, 39 Kan. App. 2d 683, 184 P.3d 273 (2008) [lien priority]
    • American Family Mutual Ins. Co. v. Wilkins, 285 Kan. 1054, 179 P.3d 1104 (2008) [insurance]
    • Wade v. Emcasco Insurance Co., F.3d 657 (10th Cir. 2007) [insurance bad faith]
    • Merriman v. Crompton, Inc., 282 Kan. 433, 146 P.3d 162 (2006) [personal jurisdiction]
    • Scott v. Hughes, 281 Kan. 642, 132 P.3d 889 (2006) [wrongful death]
    • In re Robertson, 280 Kan. 266, 120 P.3d 790 (2005) [judicial discipline]
    • City of Wichita v. Sealpak Company, Inc., 279 Kan. 799, 112 P.3d 125 (2005) [condemnation]
    • Back-Wenzel v. Williams, 279 Kan. 346, 109 P.3d 1194 (2005) [civil procedure]
    • In re Wedel, 102 Fed. Appx. 639 (10th Cir. 2004) [bankruptcy]
    • Roof-Techs International, Inc. v. The State of Kansas, 30 Kan. App. 2d 1184, 57 P.3d 538 (2002) [appointed Special Assistant Attorney General for the State of Kansas in construction case]
    • Morrison Enterprises v. McShares, 302 F.3d 1127 (10th Cir. 2002) [CERCLA]
    • Medina v. American Family Mutual Insurance Co., 29 Kan. App. 2d 805, 32 P.3d 205 (2001) [underinsured motorist coverage]
    • Carlson v. Burkhart, 271 Kan. 856, 27 P.3d 27 (2001) [condemnation]
    • Neeley v. Neeley, 26 Kan. App. 2d 924, 996 P.2d 346 (2000) [trust modification]
    • Hogue v. Johnson, 28 Kan. App. 2d 334, 17 P.3d 364 (1999) [civil procedure]
    • Crane Const. Co. v. Klaus Masonry, 71 F. Supp. 2d 1138 (D. Kan. 1999) [civil procedure]
    • ABC Rentals of San Antonio, Inc. v. Comm'r of Internal Revenue, 142 F.3d 1200 (10th Cir. 1998) [depreciation of rent-to-own inventory]
    • Baer v. Terminix Int’l Co., L.P., 975 F.Supp. 1272 (D. Kan. 1997) [confirmation of arbitration award]
    • Rodriguez v. Learjet, Inc., 24 Kan. App. 2d 461, 946 P.2d 1010 (1997) [contract]
    • Moler v. Melzer, 24 Kan. App. 2d 76, 942 P.2d 643 (1997) [contract]
    • Chambers v. Family Health Plan Corp., 100 F.3d 818 (10th Cir. 1996) [ERISA]
    • Ensminger v. Terminix, 102 F.3d 1571 (10th Cir. 1996) [fraud and fiduciary duty]
    • Kitch v. Commissioner of Internal Revenue, 103 F.3d 104 (10th Cir. 1996) [tax]
    • Bell v. Brittain, 19 Kan. App. 2d 1073, 880 P.2d 289 (1994), aff'd, 257 Kan. 407, 893 P.2d 251 (1995) [will contest]
    • In re Estate of Bennett, 19 Kan. App. 2d 154, 865 P.2d 1062 (1993), rev. denied, 254 Kan. 1007 (1994) [will contest]
    • Nash Finch Co. v. Caspar, 813 F.Supp. 1497 (D. Kan. 1993) [contract]
    • Bennett v. Wichita Fence Company, 16 Kan. App. 2d 458, 824 P.2d 1001 (1992) [workers' compensation]
    • Phelps v. Wichita Eagle-Beacon, 886 F.2d 1262 (10th Cir. 1989) [RICO and civil rights]
    • In re Huxtable Living Trust, 243 Kan. 531, 757 P.2d 1262 (1988) [trust]
    • Kansas State Bank & Trust Co. v. Emery Air Freight Corp., 656 F. Supp. 200 (D.Kan. 1987) [insurance and contract]
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