Cases + Results
Our lawyers have taken hundreds of cases to trial and recovered billions of dollars for our clients. Collectively, we’ve broken records and set precedents in and out of the courtroom. Explore some of our most notable cases below.
Featured Cases
Camp LeJeune Justice Act
Experienced Wagstaff & Cartmell attorneys Tom Cartmell, Brian Madden, Tom Rottinghaus, Lindsey Scarcello, and Patricia Campbell are actively investigating cases involving water contamination at Camp Lejeune and may be able to help you seek justice and recover compensation for your damages.
$7.25 Million Wrongful Death Settlement
Jack Hyde and Melody Dickson obtained a $7.25 million wrongful death settlement against a major national trucking company in Kansas. Wagstaff & Cartmell sought justice for a local schoolteacher and her unborn child who were killed when an aggressive truck driver forced her out of her lane-of-travel and into oncoming traffic. The defendant truck driver and trucking company denied any liability and blamed the young mother for the fatal crash.
Pelvic Mesh Repair System Products Liability Litigation (S.D.W.V.)
Wagstaff & Cartmell is a leading firm nationally in pelvic mesh repair products liability litigation. The Firm’s efforts – in MDL leadership, discovery, working with experts, trying cases to large jury verdicts , and handling appeals – have led to more than $8 billion in settlements to nearly 100,000 women and their loved ones who have suffered unimaginable injuries affecting the most intimate aspects of their lives. And the work continues.
3M Combat Arms Earplug Products Liability, MDL No. 2885
Honored to represent active duty and former servicemembers, Wagstaff & Cartmell has taken a lead role in discovery and trial preparations in cases alleging that 3M’s dual-ended Combat Arms earplugs were defective and caused permanent hearing loss and tinnitus for many who serve and protect us.
JUUL Labs, Inc., MDL No. 2913
Youth vaping and resulting nicotine addiction has exploded due to Juul Labs, Inc.’s deceptive and youth-oriented marketing. Wagstaff & Cartmell’s lawyers serve at the forefront of national litigation by school districts and individuals across the country seeking to hold Juul accountable for disrupting schools, classrooms, and students’ lives.
Dahl et al. v. Bain Capital Partners, LLC et al., No. 07-cv-12388 (D. Mass.)
This antitrust action accused several of the largest U.S. private equity companies of collusion and illegal market allocation when they were supposed to be competitively bidding for acquisitions. Wagstaff & Cartmell played a key role in defeating defendants’ summary judgment motions, paving the way for $590.5 million in settlements for shareholders financially harmed by the collusion.
In Re: National Prescription Opiate Litigation, MDL 2804 (N.D. Ohio)
A national public health crisis long before the pandemic, opioid abuse and overuse has shattered lives, families, and communities. While manufacturers downplayed risks, wholesalers and dispensers neglected duties to track orders; they all profited enormously. Wagstaff & Cartmell is deep in the trenches of the national opioid MDL, representing counties, cities, and individuals in claims seeking to hold Big Pharma accountable.
In Re: Avandia Marketing Sales Practices and Product Liability Litigation, MDL No. 1871 (E.D. Pa.)
When thousands sued GlaxoSmithKline for misrepresenting Avandia’s risks in causing cardiovascular injuries, Tom Cartmell was appointed to plaintiffs’ leadership in the MDL and was co-lead trial counsel for a bellwether case that settled on the eve of trial, fueling additional settlements for Avandia users across the country. Media reports said GSK reserved more than $3 billion to cover Avandia liabilities.
In Re: Syngenta Litigation Case No. 27-cv-15-3785 (Hennepin County, Minnesota District Court)
China was a large importer of U.S.-grown corn, until Syngenta prematurely released a GMO seed variety that China had not approved for import. China’s ban on U.S. corn contributed to falling prices that hurt corn farmers across the country. Representing hundreds of Midwest corn growers, Wagstaff & Cartmell took an active role in the Minnesota state court litigation that helped lead to a national, global settlement of $1.51 billion.
NPM Adjustment Arbitration (State of Kansas), Tobacco Master Settlement Agreement
Wagstaff & Cartmell was honored to represent the State of Kansas as outside counsel in a multi-year, complex arbitration over a contract dispute arising from the Master Settlement Agreement reached in 1998, helping the State preserve more than $450 million in future payments under the Settlement Agreement.
In Re: Bextra and Celebrex Product Liability Litigation, MDL No. 1699
Appointed to the Plaintiff’s Steering Committee, Tom Cartmell also served as co-lead trial counsel for the lead, bellwether case that settled on the eve of trial, paving the way for settlement for all cases in the MDL for more than $745 million.
In Re: Kugel Mesh Hernia Patch Prods. Liab. Litig., MDL 1842
As part of the MDL Plaintiffs’ Steering Committee and Bellwether Trial Counsel, Wagstaff & Cartmell played a key role in helping obtain a global settlement for $184 million resolving more than 2,600 cases in the MDL.
In Re: Bard IVC Filters Products Liability Litigation, MDL No. 2641
With the MDL Plaintiffs’ Steering Committee, Wagstaff & Cartmell is representing thousands of plaintiffs who received defectively designed and unreasonably dangerous “retrievable” Inferior Vena Cava (IVC) filters that have done patients more harm than good.
Citadel Plaza LLC v. City of Kansas City, Jackson County, Missouri – $15 million settlement
After approving funding for a commercial real estate project in an economically disadvantaged area, the City failed to meet its funding obligations, causing the development to fail. Wagstaff & Cartmell helped the developers and their creditors obtain a $15 million recovery from the City, days before trial was to begin.
Bang v. BMW of North America, No. 2:15-cv-6945 (D.N.J.)
Wagstaff & Cartmell was appointed as co-lead class counsel for a national settlement class of tens of thousands of owners and lessees of luxury BMW sedans and SUVs plagued with excessive oil consumption and battery drain problems, obtaining a settlement awarding financial compensation, and valuable extended warranty and service benefits to 120,000 miles.
In Re: Depuy Orthopaedics, Inc. Pinnacle Hip Implant Prods. Liab. Litig., MDL No. 1699
Serving on the MDL Plaintiffs’ Steering Committee, Wagstaff & Cartmell has helped thousands of individuals who were injured by receiving defective hip implants, requiring revision surgeries or removal and replacement for many.
All Cases
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Janet Dick v. Children’s Mercy Hospital
Defense verdict for Children’s Mercy Hospital of Kansas City in case in which plaintiff was claiming catastrophic injury and seeking several million dollars in damages.
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Mass Action
In Re: Zoloft Product Liability Litigation, MDL No. 2342
The Honorable Cynthia M. Rufe appointed Tom Cartmell to Plaintiffs’ Steering Committee for the In Re: Zoloft (Sertraline Hydrochloride) Product Liability Litigation, MDL No. 2342 in the Eastern District of Pennsylvania.
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Class Action
In Re: Surescripts Antitrust Litigation (N.D. Ill.)
Wagstaff & Cartmell attorney, Ty Hudson, served as the court-appointed interim co-lead counsel in a putative class action against the dominant provider of electronic prescription routing services to pharmacies alleging illegal monopolization and other antitrust violations by the company and alleged co-conspirators.
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Class Action
In Re: Potash Antitrust Lit. (N.D. Ill.)
Wagstaff & Cartmell was counsel to a class of indirect purchasers who obtained settlements of $20.5 million in a price fixing action against potash suppliers.
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Class Action
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.
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$1 Million Settlement – Auto Accident
Wagstaff & Cartmell represented the family of a man who was killed in a one car auto accident in Stone County, Missouri. Two men were in the car at the time of the accident, both were ejected in the crash, and both men died. At issue was who had been driving at the time of the accident.
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Plantiff
$1 Million Verdict – Chen Pei v. Kansas City, Missouri – Auto/Pedestrian Accident
Plaintiff’s verdict against the City of Kansas City, Missouri, on behalf of the family of Chen Pei, a 20-year old student at the University of Missouri-Kansas City, who was tragically hit by a car.
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Mass Action
$1.2 Million Verdict – Ethicon and Johnson & Johnson
A jury in Dallas, Texas returned a $1.2 Million verdict in favor of plaintiff Linda Batiste for damages sustained from a TVT-O mesh sling device manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
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Class Action
$10 Million Settlement – Environmental Property Damage
Wagstaff & Cartmell reached a $10 million class action settlement with an engineering firm on behalf of a class of Northwest Missouri landowners. The case involved allegations that a tannery distributed tannery sludge containing hexavalent chromium to landowners to use as fertilizer in four Missouri counties from 1983 to 2009. The defendant, an engineering firm, provided consulting services to
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$12 Million Verdict – Medical Negligence
Wagstaff & Cartmell attorney, Jeff Kuntz, teamed with Derek H. Potts and Timothy L. Sifers, both of the Potts Law Firm, in obtaining a landmark $12.1 million jury verdict for their client, a quadriplegic minor, in a medical negligence case in the U.S. District Court for the District of Kansas.
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Plantiff
$3.02 Million Verdict – Novagradac v. Beverly Manor et al.
Received one of the top-five plaintiffs’ verdicts in the State of Missouri in 2007 – $3.02 million verdict in Platte County, Missouri, while representing a plaintiff in a nursing home abuse action.
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Mass Action
$5.7 Million Verdict Against Ethicon and Johnson & Johnson
A jury in Bakersfield, California returned a $5.7 million verdict in favor of plaintiff Coleen Perry for damages sustained from a TVT Abbrevo mesh sling device manufactured by Ethicon, Inc., a subsidiary of Johnson & Johnson.
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Plantiff
$6.7 Million Plaintiff Verdict
At the conclusion of trial, Jon Kieffer, Vanessa Gross and Adam Davis obtained a $6,723,021.00 damages award on behalf of the family of a young woman who had been killed in a two-vehicle collision. The case was filed by the surviving husband on behalf of himself and their three young children. The defendants in the case were the driver of the other vehicle, as well as the driver’s parents and thei
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Banking Case
Wagstaff & Cartmell attorney, Ty Hudson, acted as lead counsel for 15 community banks in a dispute arising from a commercial loan and related participation agreement on a failed real estate venture. He helped obtain seven-figure settlement for clients.
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Big Tobacco v. State of Kansas – Contract Arbitration
Tom Cartmell and his partners represented the State of Kansas in arbitration proceedings against tobacco companies arising out of the tobacco companies seeking payment adjustments of more than $50 million based on the interpretation of the 1998 Master Settlement Agreement between tobacco companies and the State of Kansas.
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Mass Action
Bodziony et al v. Federal Signal Corporation
Tom Cartmell represented Federal Signal Corporation, a manufacturer of sirens for emergency vehicles, in this mass tort product liability litigation in Missouri involving firefighters’ product liability claims of hearing loss.
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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.
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Governmental Representation
Commonwealth of Kentucky v. Johnson & Johnson, et al.
Wagstaff & Cartmell currently represents the Commonwealth of Kentucky in consumer protection litigation against Johnson & Johnson and Ethicon involving transvaginal mesh sales within the state.
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Confidential Settlement – Severe Reaction to Prescription Medication
Wagstaff & Cartmell confidentially settled a personal injury case on behalf of a family, which arose from a young child who experienced Stevens-Johnson syndrome and Toxic Epidermal Necrolysis (SJS/TEN) after ingesting a prescription medication manufactured by an international pharmaceutical company.
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Confidential Settlement – Wrongful Death Due to Defective Car Seat
Wagstaff & Cartmell confidentially settled a wrongful death case against a national manufacturer arising from the death of an infant due to a defective car seat in which she was riding at the time of an automobile accident.
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Confidential Settlement – Suicide
Wagstaff & Cartmell obtained confidential settlement on behalf of the family of a 53-year-old husband and father of two who committed suicide after a long battle with depression.
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Confidential Settlement – Wrongful Death Due to Improper Railroad Crossing
Wagstaff & Cartmell confidentially settled a wrongful death case against a railway company arising from the death of a child who was injured and eventually died following a train/automobile collision at the location of an unsafe railroad crossing.
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Confidential Settlement – Wrongful Death from Zip Line Fall
Wagstaff & Cartmell settled a wrongful death case for a confidential amount for a family arising from the death of a 39-year-old wife and mother who fell from a zip line.
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Confidential Settlement Against Blue Cross Blue Shield v Pfizer, Inc.
Represented BCBS in a third-party payor case against Pfizer, Inc. in Federal Court in San Francisco. The case settled for a confidential amount.
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Defense Verdict – Alleged Failure to Timely Diagnose Stroke
Wagstaff & Cartmell attorney, Diane Watkins, successfully defended a physician and a nurse in a jury trial in which the plaintiff alleged that the clients failed to timely diagnose a stroke.
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Defense Verdict – Commercial Litigation
Wagstaff & Cartmell attorney, Brian Madden, represented an oil and gas company sued for nuisance and unjust enrichment in federal court in Wichita, Kansas. The Plaintiff, a natural gas storage and transportation company, sought $90 million in damages for the production and sale of alleged storage gas. After a four-week jury trial, the jury returned a defense verdict for Brian's client.
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Defense Verdict – Hip Replacement Medical Malpractice
Vanessa H. Gross and her partner successfully defended a local orthopedic surgeon in a jury trial in which the plaintiff alleged that negligent placement of a component during a total hip replacement surgery caused subsequent dislocations and revision surgeries. After a four-day trial, a Johnson County, Kansas jury returned a verdict in favor of the client.
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Plantiff
Defense Verdict – Lawsuit Involving Brachial Plexus Injury
Wagstaff & Cartmell attorney, Diane Watkins, successfully defended an OB/GYN in a jury trial involving a brachial plexus injury at birth, which was recognized as one of the top defense verdicts in 2007 by Missouri Lawyer’s Weekly.
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Defense Verdict – Alleged Failure to Diagnose Temporal Arteritis
Wagstaff & Cartmell successfully defended a local urgent care center and an advanced registered nurse practitioner in a jury trial in which the plaintiff made claims of alleged failure to diagnose temporal arteritis, resulting in total vision loss and other injuries.
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Defense Verdict – Birth Injuries Due to Infectious Process
Wagstaff & Cartmell obtained a defense verdict on behalf of a local obstetrician/gynecologist in a jury trial in which the plaintiffs made claims of alleged failure to diagnose and treat an infectious process in a pregnant mother, which allegedly resulted in injuries to her daughter.
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Defense Verdict – Perforation to Esophagus during Esophageal Procedure
Wagstaff & Cartmell successfully defended a gastroenterologist in a jury trial in Jackson County, Missouri, in which the plaintiff claimed past and future damages and injuries due to an esophageal perforation sustained during an esophageal procedure.
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Defense Verdict – Post-Operative Spinal Hematoma and Paralysis
Wagstaff & Cartmell successfully defended a local orthopedic surgeon in a six-day Johnson County, Kansas, jury trial in which the plaintiff asserted a claim of medical negligence and sought $2.8 million in damages relating to permanent paralysis in his lower extremities.
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Defense Verdict – Ruptured Appendix with Complications
Wagstaff & Cartmell successfully defended a family practice physician in a five-day jury trial in Douglas County, Kansas, in which the plaintiff asserted a claim of medical negligence and sought $3.3 million in damages. The plaintiff claimed that the defendant was negligent by failing to appropriately work up and diagnose appendicitis during a visit to an urgent care clinic. The plaintiff w
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Defense Verdict – Wrongful Death Following Elective Hernia Surgery
Wagstaff & Cartmell successfully defended a local surgeon in a jury trial in Jackson County, Missouri, in which the plaintiffs asserted a claim of wrongful death arising from the death of a patient following surgery performed to address a paraesophageal hernia and sought damages in the amount of $2,465,347.24. The plaintiffs claimed that the defendants were negligent for failing to fully re
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Hotel Case
Wagstaff & Cartmell attorney, Ty Hudson, acted as lead counsel for a Kansas City-based hotel franchisee in a complex commercial fraud and contract action against an international hotel franchisor. He helped obtain a confidential settlement for the client after more than five years of litigation.
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Class Action
In Re: Asacol Litigation (D. Mass)
Wagstaff & Cartmell attorney, Ty Hudson, as court appointed co-lead counsel, prosecuted an illegal monopolization case arising from an alleged hard switch product hop. Judgments for the three named plaintiffs were entered by the court against defendants totaling more than $2.7 million.
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Mass Action
Plantiff
In Re: Benicar Product Liability Litigation, MDL No. 2606
D.N.J. $358 million global settlement of more than 2,200 cases in MDL. David DeGreeff served as a member of the Science and Experts Committee and oversaw the Secondary Science Document Review. Jeff Kuntz was appointed to the Plaintiff’s Steering Committee for this case.
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Mass Action
In Re: Cook Medical, Inc., IVC Filters Marketing, Sales and Products Liability Litigation, MDL 2570 (S.D. Ind.)
David C. DeGreeff is serving as a member of the Plaintiffs' Steering Committee.
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Mass Action
In Re: Cordis IVC Filter Cases, JCCP 4977 ( Super. Ct. CA)
David DeGreeff is serving as a Member of the Plaintiffs' Steering Committee. Other members of the Wagstaff & Cartmell team, including Thomas Rottinghaus are also involved in the case.
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Mass Action
In Re: Ephedra Products Liability Litigation, MDL No. 2071
Tom was appointed by the Honorable Jed S. Rakoff to the Plaintiffs' Steering Committee. He personally represented clients from across the nation in this product liability litigation in the Southern District of New York arising out of injuries suffered from ingestion of ephedra containing weight loss supplements. Tom acted as settlement-resolution counsel on behalf of plaintiffs in the NVE and Musc
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Mass Action
In Re: Ethicon, Inc., MDL No.2327
Wagstaff & Cartmell is heavily involved in this MDL. Tom Cartmell has been appointed to the Executive Committee of the four Pelvic Repair System Products Liability Litigation MDLs in the Southern District of West Virginia in front of the Honorable Joseph R. Goodwin. He is Co-Lead Counsel for the Ethicon MDL. Jeff Kuntz is currently the head of the Expert Committee and Bellwether Trial Co
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Mass Action
In Re: Infusion Pump Cases Judicial Council Coordinated Proceedings (JCCP 4615)
Wagstaff & Cartmell attorney, Jeff Kuntz, was a member of the Plaintiff’s Steering Committee for this case.
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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.
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Class Action
NECA-IBEW Welfare Trust Fund v AstraZenca, et al. (S.D.N.Y.)
Putative class action by end payors of the drug Seroquel XL alleging anti-competitive agreements by drug companies to delay lower cost generics from coming to market in the U.S.
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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.
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Product Liability – Pain Pump Catheter Medical Device
Wagstaff & Cartmell attorney, Diane Watkins, represented injured parties in product liability litigation against certain medical device manufacturers after numerous patients developed chondrolysis following the placement of a pain pump catheter at the conclusion of shoulder surgery.
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Product Liability – SSRIs and Diabetes Drug
Wagstaff & Cartmell attorney, Diane Watkins, represented parties injured by antidepressants in the Selective Serotonin Reuptake Inhibitors (SSRIs) class, such as Prozac, Paxil, Celexa, and Lexapro. She currently represents parties who have suffered injuries, including pancreatic diseases, due to certain diabetes medications, such as Byetta.
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Prospect North v. City of Kansas City, 16th Cir. Jackson County, Missouri – $6 million settlement
Wagstaff & Cartmell represented a real estate developer against the City of Kansas City, Missouri regarding a breach of cooperative agreements. The developer contributed land and agreed to build public and private improvements in exchange for the City’s agreement to fund certain public improvements. After extensive delays, alleged to have been caused by the City, the project failed when the de
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Class Action
Skip’s Precision Welding, et al. v. Central Payment Co. (D. Neb.)
Wagstaff & Cartmell attorney, Ty Hudson, served as the court-appointed lead counsel for a certified class of more than 200,000 merchants suing an independent sales organization for breach of contract, fraud, and RICO violations alleging the company engaged in a scheme to overbill small businesses on credit card processing fees.
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Governmental Representation
State of Oregon v. Johnson & Johnson, et al.
Wagstaff & Cartmell currently represents the State of Oregon in consumer protection litigation against Johnson & Johnson and Ethicon involving transvaginal mesh sales within the state.
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Substantial Settlement – Breach of Trust
As counsel for an elderly beneficiary of a revocable trust, Diane K. Watkins obtained a substantial settlement in a lawsuit involving claims for breach of trust and negligence against a large financial institution after the trust was substantially depleted by the beneficiary’s adult son.
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Class Action
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.