UNITED STATES SUPREME COURT
Board of County Commissioners v. Umbehr, 518 U.S. 668 (1996) (application of First Amendment protections to independent government contractors).

McDonough Power Equipment, Inc. v. Greenwood, 464 U.S. 548 (1984) (standards for grant of new trial based on juror misconduct).

 

TENTH CIRCUIT COURT OF APPEALS
Hysten v. Burlington Northern Santa Fe Ry. Co., 415 Fed.Appx. 897 (10th Cir. 2011) (holding employee failed to show that employee’s termination for threats of violence in the workplace were pretext for race discrimination or retaliation).

Helm v. State of Kansas, 656 F.3d 1277 (10th Cir. 2011) (applying Faragher/Ellerth as a matter of law to bar administrative assistant’s claims of sexual harassment by a district judge based upon implementation by State of reasonable care to prevent sexual harassment, reasonable to correct harassing behavior, and unreasonable failure to avail herself of State’s anti-harassment policies).

Nielander v. Board of County Comm’rs, 582 F.3d 1155 (10th Cir. 2009) (addressing claims of malicious prosecution, First Amendment retaliation, and conspiracy against board of county commissioners, county attorney, and county employees).

In re Rafter Seven Ranches L.P., 546 F.3d 1194 (10th Cir. 2008) (holding lessee of farm equipment did not reject goods in timely fashion and thus lessor’s claim in bankruptcy allowed).

Hysten v. Burlington Northern Santa Fe Ry. Co., 530 F.3d 1260 (10th Cir. 2008) (discussing retaliatory discharge and related punitive damage issues).

Moore v. Board of County Comm’rs of Leavenworth County, 507 F.3d 1257 (10th Cir. 2007) (holding a party injured in an automobile accident has no right to a hearing prior to the collision and a post-deprivation state tort remedy provides sufficient procedural due process).

Van Deelen v. Johnson, 497 F.3d 1151 (10th Cir. 2007) (holding citizen challenges to property tax assessments are protected First Amendment activity and right of citizen to seek the redress of grievances not limited to matters of public concern).

Abilene Retail No. 30, Inc. v. Board of Comm’rs of Dickinson County, Kan., 492 F.3d 1164 (10th Cir. 2007) (examining validity of adult zoning ordinances).

Hutton Contracting Co., Inc. v. City of Coffeyville, 487 F.3d 772 (10th Cir. 2007) (discussing supplier delays under contractual force majeure clause, reasonableness of liquidated damage provision, and apportionment of liquidated damages based on fault of parties).

Rosewood Services, Inc. v. Sunflower Diversified Services, Inc., 413 F.3d 1163 (10th Cir. 2005) (discussing applicability of qualified immunity to private corporation).

Burns v. Board of County Comm’rs of Jackson County, 330 F.3d 1275 (10th Cir. 2003) (discussing First Amendment retaliation claim and holding “artful” changes to deposition testimony properly disregarded).

Hysten v. Burlington Northern & Sante Fe Ry. Co., 296 F.3d 1177 (10th Cir. 2002) (holding employee failed to make prima facie showing of race discrimination and retaliation in violation of § 1981).

Sports Unlimited, Inc. v. Lankford Enterprises, Inc., 275 F.3d 996 (10th Cir. 2002) (holding tortious interference action was substantially a defamation action and subject to one year statute of limitations and upholding summary judgement against plaintiff on false advertising claim under Lanham Act).

Vanover v. Cook, 260 F.3d 1182 (10th Cir. 2001) (discussing wrongful garnishment under Kansas law).

 

EIGHTH CIRCUIT COURT OF APPEALS
Baker v. Silver Oak Senior Living Management Co., L.C., 581 F.3d 684 (8th Cir. 2009) (discussing federal and state age discrimination claims).

Public Water Supply Dist. No. 8 of Clay County, Mo. v. City of Kearney, Mo., 401 F.3d 930 (8th Cir. 2005) (upholding dismissal of claims by Water Supply District against municipality upon application of ripeness doctrine).

Ballinger v. Culotta, 322 F.3d 546 (8th Cir. 2003) (discussing federal district court’s lack of jurisdiction over child custody related claims under Rooker-Feldman doctrine).

McGee v. Broz, 251 F.3d 750 (8th Cir. 2001) (qualified immunity for prosecutor who signed complaint).

 

FEDERAL DISTRICT COURTS
Lowery v. County of Riley, 738 F.Supp.2d 1159 (D.Kan. 2010) (granting specific performance of insurer’s agreement to contribute to a settlement).

Lafarge North America Inc. v. Homeland Ready-Mix, Inc., 697 F.Supp.2d 1230 (D.Kan. 2009) (holding corporate officer signing check on corporate account is not personally liable on the check).

McDonald v. City of Scranton, 2009 WL 2777774 (D.Kan. 2009) (granting summary judgment for city in constructive termination case).

Rhodes v. Raymond, 2009 WL 1650248 (D.Kan. 2009) (granting summary judgment for defendants on plaintiff’s challenge to values-based treatment program for inmates provided by state contractor).

Almon v. Goodyear Tire & Rubber Co., 2009 WL 1421199 (D.Kan. 2009) (granting summary judgment on plaintiff’s race discrimination and whistleblowing claims).

Shelby v. Mercy Regional Health Center, 2009 WL 1067309 (D.Kan. 2009) (dismissing race discrimination case for failure to state a claim).

Hall v. Witteman, 569 F. Supp. 2d 1208 (D. Kan. 2008) (dismissing action against judge, attorneys, bar association, county commissioners, and others brought under §§ 1983 and 1985, RICO, the Hobbs Act, and for violation of civil rights).

Davis v. McCarter, 569 F. Supp. 2d 1201 (D. Kan. 2008) (holding officer’s use of deadly force was reasonable as a matter of law and alleged slap by officer after suspect was handcuffed caused insignificant injury not actionable under the Fourth Amendment).

Stevens v. Water Dist. No. One of Johnson County, Kan., 561 F. Supp. 2d 1224 (D. Kan. 2008) (discussing sexually hostile work environment and retaliation claims under Title VII).

Nealey v. Water Dist. No. One of Johnson County, Kan., 554 F. Supp. 2d 1226 (D. Kan. 2008) (discussing age discrimination and disability discrimination under ADEA and ADA).

Hicks v. Clay County, 636 F. Supp. 2d 903 (W.D.Mo. 2008) (discussing Section 1983 claims against out-of-state prosecutor).

Wagner v. SFX Motor Sports, Inc., 522 F. Supp. 2d 1330 (D. Kan. 2007) (discussing evidentiary and jury instruction issues in considering motion for judgment as a matter of law and reducing jury’s award of noneconomic damages to statutory cap).

Thayer v. City of Holton, 515 F. Supp. 2d 1198 (D. Kan. 2007) (discussing First Amendment retaliation and age discrimination claims).

Vandeventer v. Guimond, 494 F. Supp. 2d 1255 (D. Kan. 2007) (discussing requirements of removal jurisdiction).

Hunter v. The Buckle, Inc., 488 F. Supp. 2d 1157 (D. Kan. 2007) (examining numerous claimed civil rights violations).

Mount St. Scholastica, Inc. v. City of Atchison, Kan., 482 F. Supp. 2d 1281 (D. Kan. 2007) (examining state historical preservation act and how its application against a religious community relates to the Free Exercise Clause).

Continental Coal, Inc. v. Cunningham, 511 F. Supp. 2d 1065 (D. Kan. 2007) (discussing conditional use permits in context of equal protection claims).

McGhee v. Pottawattamie County, IA, 475 F. Supp. 2d 862 (S.D. Iowa 2007), aff’d in part, rev’d in part 547 F.3d 922 (8th Cir. 2008) cert. granted, 129 S.Ct. 2002 (2009) (discussing absolute and qualified immunity issues relating to prosecutors and police officers).

JP Morgan Trust Co. v. Mid-America Pipeline Co., 473 F. Supp. 2d 1162 (D. Kan. 2007) (discussing Rooker-Feldman doctrine in context of federal court jurisdiction).

Wagner v. SFX Motor Sports, Inc., 460 F. Supp. 2d 1263 (D. Kan. 2006) (holding waiver of liability immunizes racetrack operator from ordinary negligence but not necessarily wanton conduct).

Abdul-Hakim v. Goodyear Tire and Rubber Co., 455 F. Supp. 2d 1267 (D. Kan. 2006) (discussing various Title VII claims).

Fry ex rel. Estate of Fry v. City ov Galena, Kan., 450 F. Supp. 2d 1236 (D. Kan. 2006) (holding police officers not liable for use of excessive force or wrongful death by battery and were immune from negligence under KTCA for death of arrestee).

Hernandez v. Conde, 442 F. Supp. 2d 1141 (D. Kan. 2006) (holding law enforcement officials acted reasonably and did not violate the civil rights of arrestees in approval and execution of search warrant).

Ferluga v. Eickhoff, 408 F. Supp. 2d 1153 (D. Kan. 2006) (dismissing complaint for failure to plead pattern of racketeering but holding government entity could constitute a RICO enterprise).

Reindl v. City of Leavenworth, Kan., 443 F. Supp. 2d 1222 (D. Kan. 2006) (discussing police officer’s potential liability for use of excessive force and infliction of emotional distress).

Sutherland v. Goodyear Tire & Rubber Co., 446 F. Supp. 2d 1203 (D. Kan. 2006) (discussing employee rights under the Family and Medical Leave Act).

 

KANSAS APPELLATE COURTS
Rhoten v. Dickson, 290 Kan. 92, 223 P.3d 786 (2010) (applied doctrine of res judicata, or claim preclusion, to bar state law claims based on same events for which plaintiff pursued claims in federal court and lost).

Hartman v. City of Mission, 43 Kan.App.2d 867233 P.3d 755 (2010), rev. denied ___ Kan. ___ (2011) (holding nonresident lacked standing to sue city over refusal to place a referendum before city voters).

Cravotta v. Deggingers’ Foundry, Inc., 215 P.3d 636 (Kan. App. 2009) (discussing omission of material terms from contract and parol evidence rule under Kansas Uniform Commercial Code).

Adams v. Board of Sedgwick County Comm’rs, 214 P.3d 1173 (Kan. 2009) (holding mental health center had no duty to family of deceased outpatient and had no duty to control outpatient).

McAlister v. City of Fairway, 212 P.3d 184 (Kan. 2009) (discussing differences between legislative and administrative city ordinances for purposes of state initiative and referendum statute).

O’Neill v. Dunham, 41 Kan. App. 2d 540, 203 P.3d 68 (2009) (discussing applicability of statute of repose to negligence claim against residential landlord and alleged violation of Kansas Residential Landlord Tenant Act).

Rhoten v. Dickson, 40 Kan. App. 2d 433, 192 P.3d 679 (2008) (holding summary judgment in federal court on substantive due process claim barred litigation of negligence claims in state court where all claims arose out of the same accident, causation was an element of all claims, and lack of causation had been determined in the federal action).

Poston v. USD 387, Altoona-Midway, Wilson County, Kan., 286 Kan. 809, 189 P.3d 517 (2008) (holding recreational use exception to the Kansas Tort Claims Act provides immunity from liability for accident occurring in school commons area where injured parent was at school watching basketball practice and commons area served as an integral part of the gymnasium’s recreational use).

State ex rel. Six v. Kansas Lottery, 286 Kan. 557, 186 P.3d 183 (2008) (upholding constitutionality of the Kansas Expanded Lottery Act).

Troutman v. Curtis, 286 Kan. 452, 185 P.3d 930 (2008) (upholding summary judgment for manufacturer of medical device after finding manufacturer complied with the premarket approval process of the FDA, which preempted the state tort claims under the federal Medical Device Amendments to the Federal Food, Drug, and Cosmetic Act).

Tiller v. Corrigan, 286 Kan. 30, 182 P.3dd 719 (2008) (discussing subpoenas duces tecum issued by grand jury seeking production of patients’ records and test to be used in evaluating whether motions to quash such subpoenas should be granted).

Campbell v. Hubbard, 41 Kan. App. 2d 1, 201 P.3d 702 (2008) (discussing the Kansas savings statute in context of first suit being filed in another state and subsequent suit being brought in Kansas).

Ware ex rel. Ware v. ANW Special Educ. Co-op. No. 603, 39 Kan. App. 2d 397, 180 P.3d 610 (2008) (holding symptoms of post-traumatic stress disorder were not compensable physical injuries in action for negligent infliction of emotional distress).

Potts v. Board of County Comm’rs of Leavenworth County, Kan., 39 Kan. App. 2d 71, 176 P.3d 988 (2008) (holding emergency medical technicians did not owe special duty of care to patient independent of written county protocols, which immunized the county and the technicians from liability for negligent and wrongful death claims under an exception to the Kansas Tort Claims Act).

State ex rel. Slusher v. City of Leavenworth, Kan., 285 Kan. 438, 172 P.3d 1154 (2007) (discussing veterans preference statute and mandamus action in context of city police department’s promotion process).

Iron Horse Auto, Inc. v. Lititz Mut. Ins. Co., 283 Kan. 834, 156 P.3d 1221 (2007) (discussing standard mortgage clauses and fraudulent insurance acts).

Nungesser v. Bryant, 283 Kan. 550, 153 P.3d 1277 (2007) (holding suit against liability insurer cannot be brought before insured’s liability is established).

Lane v. Atchison Heritage Conference Center, Inc., 283 Kan. 439, 153 P.3d 541 (2007) (holding city-owned conference center qualified for immunity from tort liability under the recreational use exception to the Kansas Tort Claims Act because it had been used for recreational purposes in the past).

Christopher v. State ex rel. Kansas Juvenile Justice Authority, 36 Kan. App. 2d 697, 143 P.3d 685 (2006) (holding failure to comply with the notice of claim statute under the Kansas Tort Claims Act renders negligence claim against state agency void ab initio and juvenile justice program exception to Kansas Tort Claims Act does not violate juvenile’s equal protection rights).

Dees v. Marion-Florence USD No. 408, 36 Kan. App. 2d 768, 149 P.3d 1 (2006) (holding school district properly complied with negotiated teachers’ contract in not renewing teacher’s contract).

Crandall v. Grbic, 36 Kan. App. 2d 179, 138 P.3d 365 (2006) (discussing real estate agent’s duties to purchasers of house).

Sall v. T’s, Inc., 281 Kan. 1355, 136 P.3d 471 (2006) (discussing golf course’s duty to warn patrons of dangerous weather conditions).

Conner v. Occidental Fire & Cas. Co. of North Carolina, 281 Kan. 875, 135 P.3d 1230 (2006) (discussing denial of insurance claim and whether an insurance policy’s limit precludes recovery of consequential damages for loss of use).

Estate of Pemberton v. John’s Sports Center, Inc., 35 Kan. App. 2d 809, 135 P.3d 174 (2006) (holding federal firearms statute did not create a private cause of action and could not support a claim of negligence per se against firearms retailer and the failure to show retailer had actual or constructive knowledge that patron posed an unreasonable risk of harm to himself or others was fatal to a claim of negligent entrustment).

 

MISSOURI APPELLATE COURTS
Fast v. Marston, 282 S.W.3d 346 (Mo. 2009) (holding first doctor’s settlement of malpractice claim with patient barred second doctor’s indemnification claim against first doctor).

Gladstone Special Road Dist. No. 3 of Clay County v. County of Clay, 248 S.W.3d 60 (Mo. Ct. App. 2008) (discussing appropriate level of statutorily defined county funding for road and bridge purposes).

Stephenson v. Village of Claycomo, 246 S.W.3d 22 (Mo. Ct. App. 2007) (holding village could not unilaterally invalidate an employment contract and avoid a negotiated severance clause contained in the contract).