The United States District Court for the District of Kansas, applying Kansas law, has held that the notice-prejudice rule does not apply to claims-made policies. Philadelphia Indem. Ins. Co. v. Great Plains Annual Conference...more
The Kansas Supreme Court (“Court”) in an April 3rd Opinion addressed a challenge to a utility rate increase and rate design change. See In the Matter of the Joint Application of Westar Energy, Inc., No. 120,436, 2020 WL...more
Earlier this month, the United States Supreme Court issued an opinion enabling state prosecutors to use information found in federal I-9 documents when prosecuting unauthorized immigrants for identity theft....more
On March 3, 2020, the Supreme Court of the United States (SCOTUS), in a 5-4 ruling, agreed with the State of Kansas that it could use the state’s identity theft statutes to prosecute three separate criminal cases where the...more
A common misconception is that the securities laws of an issuer's state of formation govern all offers and sales of that issuer's securities. In California, however, the application of the state's securities laws turns on...more
On June 14, 2019, a plurality of the Kansas Supreme Court struck down Kansas’s statutory cap limiting noneconomic damages for personal injury awards in Hilburn v. Enerpipe Ltd., No. 112,765, 2019 Kan. LEXIS 107, 2019 WL...more
On June 14, 2019 the Kansas Supreme Court ruled in Hilburn v. Enerpipe Ltd (No. 112,765.) that the statutory cap (K.S.A. 60-19a02) on non-economic damages in personal injury actions violates the “right to trial by jury” in...more
The Kansas Supreme Court recently reversed the Kansas Court of Appeals, and re-instated a three-plus million dollar jury verdict in favor of an injured BNSF Railway worker. It did so after finding that it was for the jury —...more
On June 25, 2018, the Kansas Supreme Court held that the legislature's efforts to increase school funding still failed to provide an adequate education for students in Gannon v. State of Kansas, et al., No. 113,267 (2018)....more
Earlier this month, the Kansas Supreme Court issued an opinion in Gannon v. Kansas holding that the state’s current system of funding public education was inadequate under the state's constitution. The Court relied primarily...more
FedEx yesterday announced that it reached a settlement of its remaining independent contractor class action lawsuits in 20 states with its Ground Division drivers for $240 million, pending court approval. Coming on the heels...more
Seventy years ago, in Screws v. United States, 325 U.S. 91 (1945), the U.S. Supreme Court declared that “[i]gnorance of the law is no excuse for men in general.” It now appears that farmers who buy liability insurance might...more
Kansas Public Schools in Danger of Not Opening for the 2016-2017 School Year - A February 11, 2016, ruling by the Kansas Supreme Court in Gannon v. State of Kansas gave the state until June 30, 2016 to implement an...more
On August 27, 2015, the National Labor Relations Board (“NLRB”) held that a Kansas hospital must afford an employee Weingarten rights before a nursing Peer Review Committee, allow the union access to peer review documents and...more