Eric D. Barton

Partner

Phone Number: 816.701.1167

4740 Grand Avenue Suite 300
Kansas City, MO 64112

In Brief

Co-Lead Class Counsel in multiple, successful commercial and consumer class actions

Works closely with numerous state attorneys general, cities, counties, and school districts in national litigation involving defective products affecting public health

Former law clerk for judge and justice on Tenth Circuit Court of Appeals and Kansas Supreme Court, respectively

Eric Barton has practiced law for almost 30 years, representing clients in a wide variety of matters including complex commercial litigation, class actions, and multi-district litigation. Many of his cases have involved antitrust, contract issues, or defective products. He has significant experience representing public entities in litigation, including state governments, counties, cities, and school districts.

Eric has also taught classes for many years at the University of Kansas School of Law, including first-year lawyering classes and trial advocacy. Additionally, he co-founded the Lawyer’s Association of Kansas City’s annual Run for Justice 5K, which has raised money for Legal Aid of Western Missouri since 2005. He currently serves on the board of the Midwest Music Foundation, a non-profit organization providing healthcare and educational assistance to Kansas City area musicians.

Notable Litigation

  • Whitton v. Deffenbaugh Disposal, Inc., No. 2:12-cv-2247 (D. Kan.)

    Wagstaff & Cartmell attorney, Eric Barton, served as Co-Lead Class Counsel, obtaining a court-approved $7.6 million settlement for a class of commercial customers alleging breach of contracts for waste-hauling services.

  • Prado v. Jackson County, Missouri, No. 4:17-cv-506 (W.D. Mo.)

    Eric Barton successfully opposed a motion for class certification for Jackson County, Missouri. The case was seeking certification of a class of detainees from the Jackson County Detention Center who were seeking damages on civil rights claims alleging poor conditions inside the facility.

  • Kreisler Drug Co. v. Missouri CVS Pharmacy, LLC v. Summers Pharmacy, No. 4:14-1050 (W.D. Mo.)

    Eric Barton obtained summary judgment for the defendant client, a family-owned, independent pharmacy, on claims of tortious interference and misappropriation of trade secrets by a national chain pharmacy.

  • In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio)

    The Wagstaff & Cartmell team is involved in this prescription opiate litigation MDL. Ty Hudson worked with a team of lawyers to help prosecute the case against prescription drug distributors in the initial MDL bellwether cases, which resulted in settlements totaling more than $260 million. The next phase of the litigation is on-going. Eric D. Barton is representing dozens of county and c

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  • Bang v. BMW of North America, No. 2:15-cv-6945 (D.N.J.)

    Wagstaff & Cartmell attorney, Eric Barton, served as Co-Lead Class Counsel in an excessive oil and battery consumption class action. He helped obtain final court approval of a settlement awarding financial and extended service benefits to a class of over 80,000 owners and lessees of BMW vehicles with an N63 engine.

  • In Re: Polyurethane Foam Antitrust Litigation, MDL 2196 (N.D. Ohio)

    Eric Barton served as Class Counsel for the indirect purchaser settlement class in an antitrust price fixing case arising from sales of polyurethane foam. He helped obtain settlements collectively valued at over $151 million.

  • Circuit Court. Commonwealth of Kentucky ex rel. Andy Beshear, Attorney General v. Johnson & Johnson, et al., Civ. No. 16-CI-87.

    Eric Barton is representing the Commonwealth of Kentucky in a consumer protection action against a manufacturer of pelvic mesh products in the Circuit Court of Franklin County, Kentucky.

  • NPM Adjustment Arbitration (State of Kansas), Tobacco Master Settlement Agreement

    In 1998, the major tobacco companies reached a $206 billion global settlement with 48 states memorialized in the landmark Master Settlement Agreement (MSA). In 2008, the tobacco companies initiated an arbitration proceeding against 35 states under a provision in the MSA contending that they were entitled to a $1.1 billion adjustment to their contract payments for the year 2003. The Kansas Attorney

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  • JUUL Labs, Inc., MDL No. 2913

    Wagstaff & Cartmell is involved in this MDL against JUUL Labs, Inc. Tom Cartmell has been appointed the Plaintiff’s Government Entity Liaison Counsel of the JUUL Labs Inc. MDL in the Northern District of California in front of the Honorable William H. Orrick.

  • In Re: Syngenta Litigation Case No. 27-cv-15-3785 (Hennepin County, Minnesota District Court)

    Wagstaff & Cartmell attorney, Ty Hudson, was appointed to the Plaintiffs Steering Committee of nine attorneys selected to prosecute a consolidation of more than 50,000 individual actions and a Minnesota state-wide class action brought by corn farmers and other entities against Syngenta alleging that the company prematurely released genetically modified corn seed that led to a de facto embargo

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Practice Areas

Other Practice Areas

  • Antitrust Litigation
  • Intellectual Property Litigation

Prior Work

Clerk, Hon. Stephen Anderson, U.S. Tenth Circuit Court of Appeals

Clerk, Hon. Fred Six, Kansas Supreme Court

Education

  • J.D., University of Kansas School of Law
    • Order of the Coif
    • Faculty Award, Outstanding Achievement
    • Editor, Kansas Law Review
  • B.S., Economics, Kansas State University
    • Magna Cum Laude

Honors + Awards

  • Missouri and Kansas Super Lawyers – 2010, 2013-Present
  • Missouri and Kansas Rising Star – 2008, 2009
  • Former Adjunct Professor of Trial Advocacy – University of Kansas
  • Former Instructor, Lawyering – University of Kansas