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Bad Rhino Games, LLC v. Turn Me Up Games, Inc.
Hon. John W. Broomes
2:23-cv-02303-JWB
D. Kan. (KC, KS)
(P) – James J. Kernell & Andrew McLandsborough
(D) – Carson M. Hinderks, Jordan Susman, Heather L. Mayer & Stacey R. Gilman
Defendant Turn Me Up Games (“TMU”) entered into an Independent Contractor Agreement (“ICA”) with plaintiff Bad Rhino to assist it in porting a video game to other platforms. The ICA provided that the agreement could be terminated by TMU without cause but that TMU would have to pay for certain work that was completed at the time of termination. The ICA also had a non-compete provision which prohibited Bad Rhino from engaging in business with the publisher of the game. In August 2022, TMU terminated its master service agreement with Bad Rhino after the publisher of the game, DEX, terminated its master service agreement with TMU. Bad Rhino sued TMU for breach of contract for failing to pay amounts due under the ICA and TMU filed a counterclaim for breach of contract.
Verdict: The jury first answered “Yes” to the question “Has one of the parties proven a breach of the ICA and damages as a result of the breach?” The jury then answered “Yes” to the question “Do you find that Bad Rhino has proven by a preponderance of the evidence that TMU breached the ICA first?” The jury also found that TMU’s breach of the ICA directly caused damages to Bad Rhino and awarded damages to Bad Rhino in the sum of $645,675.00. This verdict in Bad Rhino’s favor defeated TMU’s counterclaims as well. On September 12, 2025, the Court entered judgment in Bad Rhino’s favor in the amount of $801,469.34, including $155,974.34 in prejudgment interest, and also awarded attorney’s fees in the amount of $333,839.00.
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Stephen Parr v. Union Pacific Railroad Company
Hon. Stephen R. Bough
24-00094-CR-W-SRB
WDMO (KC, MO)
(P) Charles W. Armbruster, III & Jonathan Samuel Jones
(D) Trent R. Church & Chad Knight
Mr. Parr requested relief under 49 U.S.C. § 20109 for creating and perpetuating fear among employees regarding reporting safety concerns and to deter railroad management from continuing its practice of retaliating against and disciplining its employees for reporting safety concerns, all allegedly in direct and willful violation of the law.
Verdict: The jury found in favor of the defendant following a four-day trial.
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Jeanette Scott v. Ahtna Engineering Services, LLC, et al.
Hon. Stephen R. Bough
24-00541-CR-W-SRB
WDMO (KC, MO)
(P) – Robert A. Bruce & Brittany Kay Ussery
(D) – Rebecca S. Yocum & Jackson Hobbs
Plaintiff sued her employer, Ahtna, for age discrimination under the Missouri Human Rights Act, R.S.Mo. § 213.010 et seq. and for retaliation in violation of the FMLA, 29 U.S.C.A. § 2615 et seq.
Verdict: The jury found in favor of plaintiff in her age discrimination claim and in favor of the defendant in the FMLA retaliation claim. The jury awarded damages to plaintiff as follows: (1) Back Pay: $80,000.00; (2) Non-Economic Losses: $20,000.00; and (3) Punitive Damages: $80,000.00. Total Verdict: $180,000.00.
DID YOU KNOW?
On May 8, 2025, U.S. Supreme Court Justice Ketanji Brown Jackson visited the Charles Evans Whittaker U.S. Courthouse in Kansas City, Missouri, to discuss her journey to the Supreme Court in a wide-ranging public discussion with Chief Magistrate Judge Willie J. Epps, Jr., of the U.S. District Court for the Western District of Missouri.
Justice Brown Jackson was in Kansas City to receive the Good Neighbor Award from the foundation supporting the Harry S. Truman Library and Museum.
NOTE: The Federal Bar Association Chapter for the Districts of Kansas and Western Missouri retains sole and complete responsibility for the content of this publication. For questions or comments about this publication, contact Blake Shuart via e-mail at Blake.Shuart@huttonlaw.com.
