FBA Civil Jury Verdict Reporter – Issue 13 (January 2024)

 

 

Civil Jury Verdict Report

D.Kan. & W.D. Mo.
Issue 13 – January 2024

CLICK HERE TO JOIN FBA!

WANT TO JOIN THE FEDERAL BAR ASSOCIATION? 

The Federal Bar Association provides practitioners in all practice areas a unique opportunity to socialize with colleagues and Judges in a professional setting while learning more about the federal courts.  The FBA offers many opportunities to obtain CLE credits in both live and remote settings, free of charge for all registered members.

To register, contact the Chapter’s Membership Director: Hammons Hepner at hhepner@midwest-law.com or visit the FBA website at www.fedbar.org/membership.

JANUARY 2024 CIVIL VERDICT SUMMARY: 

Parties:
Judge:
Case No.:
Location:
Attorneys: 

Devin Ledbetter v. Paul F. Williams, et al.
Hon. Roseann A. Ketchmark
6:21-cv-03125-RK
WDMO (Springfield MO)
(P) – Charles Eblen
(D) – Christopher Hoeman

In this 42 U.S.C. § 1983 civil rights case, plaintiff Ledbetter claimed excessive force against defendant Brandon Helmers when forcing plaintiff to the ground, causing injuries and resulting damages.

Verdict: The jury reached a conclusion as to special interrogatories only and did not reach a verdict as to the claims against the defendant.

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Sitzer, et al. v. National Association of Realtors, et al.
Hon. Stephen R. Bough
4:19-cv-00332-SRB
WDMO (KC, MO)
(P) Michael S. Ketchmark, Brandon Bouleware & Others
(D) Ethan Glass, Timothy Ray, Robert MacGill & Others

This was a class action suit alleging anticompetitive trade practices within the residential real estate market.  The Class alleged that defendant National Association of Realtors (“NAR”) created and implemented anticompetitive rules which require home sellers to pay commission to the broker representing the home buyer in transactions facilitated through a Multiple Listing Service (“MLS”).  The Class also alleged the defendants violated the Sherman Antitrust Act by entering into a conspiracy to follow and enforce NAR rules, which had the purpose or effect of raising, inflating or stabilizing buyer broker commission rates paid by home sellers from April 29, 2015, through June 30, 2022.

Verdict: The jury found in favor of the plaintiff/Class in the amount of $1,785,310,872.00.

Parties:
Judge:
Case No.:
Location:
Attorneys: 

Jennifer Gilmore v. Joe Beveridge, et al.
Hon. Holly L. Teeter
2:22-cv-02032-HLT
D. Kan. (KC, KS)
(P) – Linus L. Baker
(D) – Michael G. Norris & Emily Tung

Plaintiff Gilmore was removed from a January 2022 Olathe School Board meeting because of comments she made during the public comment period.  Her suit alleged viewpoint discrimination against defendant Joe Beveridge, president of the school board, under 42 U.S.C. § 1983.

Verdict: The jury found that defendant Joe Beveridge engaged in viewpoint discrimination when he stopped plaintiff Gilmore from speaking at the school board meeting on January 13, 2022, and awarded nominal damages of $1.  The jury did not find that punitive damages should be assessed.

Parties:

Judge:
Case No.:
Location:
Attorneys: 

Jovan Ledbetter v. Unified Government of Wyandotte County/Kansas City, KS
Hon. Toby Crouse
2:21-cv-02502-TC
D. Kan. (KC, KS)
(P) – Bert S. Braud & Cooper S. Mach
(D) – Ryan B. Denk & Spencer Low

This was an employment discrimination claim brought against the Unified Government of Wyandotte County/Kansas City, Kansas alleging a violation of 42 U.S.C. § 1981 because the Kansas City Board of Public Utilities (BPU), an administrative agency, dismissed him from the BPU Lineman Apprentice Program based on his race.

Verdict: The jury found in favor of the defendant.

DID YOU KNOW?

The District of Kansas is actively involved in multiple MDL (Multi-District Litigation) cases of national interest, including Epipen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation (MDL No. 2785); Syngenta AG MIR162 Corn Litigation (MDL No. 2591); & Hill’s Pet Nutrition, Inc., Dog Food Products Liability Litigation (MDL No. 2887).

Source: https://ksd.uscourts.gov/judges-info

FEDERAL BAR ASSOCIATION CHAPTER FOR THE DISTRICTS OF KANSAS & WESTERN MISSOURI

– OFFICERS FOR 2022-2023 –

President:
President-Elect:
Vice-President:
Treasurer:
Secretary:
Immediate Past President:
National Delegate:

Magistrate Judge Lajuana Counts
Blake Shuart
Magistrate Judge Gwynne Birzer
Eric Turner
Danielle Atchison
Ethan Lange
Kate Simpson

UPCOMING EVENTS

FBA Mentorship Social

When: Thursday, January 18, 4:00pm-6:00pm

Where: Lawrence Beer Company West
4811 Bob Billings Pkwy, Lawrence, KS 66049

All FBA members and student chapter members are welcome!
Please RSVP to kscampbell@ku.edu.

Guest Speaker: Kannon Shanmugam

When: Tuesday, March 5th, 12:30pm-1:25pm

Where: Green Hall – KU
1535 W. 15th St – Room 104, Lawrence, KS 66045

Please RSVP to kscampbell@ku.edu.

Introduction To Art Law Panel CLE – A broad array of Panelists will participate in this unique, fascinating event, and refreshments will be provided.  More information coming soon! Contact Kate Simpson for details at kmarples@gmail.com.

When: Thursday April 11th, 4:30pm-7:30pm

Where: Spencer Museum of Art
1301 Mississippi Street, Lawrence, KS 66045

Please RSVP to kscampbell@ku.edu.

CLICK HERE TO JOIN FBA!

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.