Brian E. Conner, M.D., and Brian E. Conner, M.D., Chartered1 (“Conner”) brought this qui tam action on behalf of the United States and against Salina Regional Health Center, Inc. (“SRHC”), alleging, among other things, violations of the False Claims Act (“FCA”), 31 U.S.C. § 3729 et seq. Conner asserted that SRHC violated the FCA by seeking payment for Medicare services rendered while ... More...   $0 (10-02-2008 - KS)

Landmark National Bank brought a suit to foreclose its mortgage against Boyd Kesler and joined Millennia Mortgage Corp. as a defendant because a second mortgage had been filed of record for a loan between Kesler and Millennia. In a foreclosure suit, it is normal practice to name as defendants all parties who may claim a lien against the property. When neither Kesler nor Millennia responded to the ... More...   $0 (09-12-2008 - KS)

This appeal examines the standard to be applied when an insurance company denies coverage because the insured failed to disclose a potential claim on an application for insurance. Specifically, we must determine: When an application for insurance asks for the identification of "any facts, circumstances, or situations . . . which could reasonably be expected to give rise to a claim" and the policy ... More...   $0 (09-17-2008 - KS)

Kyle Jim, age 23, sued Via Christi Regional Medical Center-St. Francis Campus on a medical negligence theory (medical malpractice) claiming that he did not receive appropriate care from the hospital's doctors and, as a direct result, appropriate tests were not performed in June 1996 and he was not diagnosed and treated for Rocky Mountain spotted fever. Kyle Jim was 11 when he was taken to Via Chri... More...   $4000000 (09-06-2008 - KS)

John and Donna Wellhausen (the Wellhausens) appeal the district court's order granting summary judgment in favor of the University of Kansas (University). The Wellhausens claim the district court erred in finding their wrongful death claim was barred by the discretionary function and design immunity exceptions to the Kansas Tort Claims Act (KTCA), K.S.A. 75-6104(e) and K.S.A. 75-6104(m), respecti... More...   $0 (08-08-2008 - KS)

Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, “Tyson”) appeal from the district court’s interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the a... More...   $0 (07-30-2008 - KS)

This case requires us to determine whether a lender's right to enforce a promissory note's acceleration clause has been waived by lender's repeated acceptance of late monthly payments from its borrower. The district court granted summary judgment to lender, Foundation Property Investments, LLC (Foundation), holding that Foundation was entitled to accelerate. The borrower, CTP, LLC (CTP), appealed,... More...   $0 (07-03-2008 - KS)

This is a contract dispute where the buyer of some computer hardware and software sued the seller for damages for failing to timely perform. When the buyer sued, the seller denied any breach and counterclaimed that the buyer never gave it notice of any breach nor an opportunity to cure any breach. Because we agree with the district court that the Uniform Commercial Code (UCC) applies, we affirm it... More...   $0 (06-16-2008 - KS)

Wichita Clinic, P.A., (the Clinic) appeals from a judgment of the trial court holding that its restrictive covenant in an employment agreement was unreasonable and unenforceable. Applying the factors in determining whether to enforce a restrictive covenant not to compete, we determine that the covenant should have been enforced. In addition, the Clinic appeals the trial court's ruling that it brea... More...   $0 (06-16-2008 - KS)

Subsequently, Mr. DeBoer brought a diversity action against American Appraisal asserting that... More...   $0 (06-07-2008 - KS)

Defendants counterclaimed asserting that Payless was infringing their trademark for running shoes.... More...   $300000 (05-09-2008 - KS)

Sprint/United Management Company and Sprint Corporation (collectively, "Sprint") discharged Albert Hinds as part of a reduction in force in which his entire department was eliminated. Mr. Hinds sued, alleging that Sprint discriminated against him on the basis of age and retaliated against him for complaining of age discrimination. The district court granted summary judgment for Sprint on both... More...   $0 (04-22-2008 - KS)

1. When "occurrence" is not defined in an automobile liability policy, what test should be applied under Kansas law in determining whether there are multiple "occurrences" an... More...   $0 (04-03-2008 - KS)

Genesis Health Club, Inc., et al., (Genesis), sued the City of Wichita (City) for failure to issue Industrial Revenue Bonds (IRBs) and for failure to grant ad valorem property tax abatements pursuant to an alleged contract between these parties. Its causes of action were for breach of contract and promissory estoppel. The district court granted the City's motion for summary judgment, essentially h... More...   $0 (04-03-2008 - KS)

Aaron Becerra, a mechanic with the Kansas City, Kansas police department, was killed when his vehicle was hit by a fire truck driven by an on-duty firefighter who had used drugs and alcohol at a party prior to his shift. The truck entered an intersection at high speed against a red light in the oncoming lane of traffic in clear violation of nationally accepted standards for emergency vehicle opera... More...   $500000 (03-29-2008 - KS)

Plaintiff Navair, Inc. was the exclusive Canadian distributor for defendant IFR,1 a manufacturer of military communications equipment and other products. When Navair successfully solicited a customer for an IFR product, IFR would sell the product to Navair for a discounted price and Navair would earn a profit upon resale to the customer. On October 8, 2002, IFR informed Navair that it was not ... More...   $0 (03-17-2008 - KS)

During the 2007 Kansas legislative session, the legislature passed and the governor signed House Substitute for Senate Bill No. 244 (H. Sub. S.B. 244), which substantially amended K.S.A. 21-4015 (Furse 1995), formerly known as the Kansas Funeral Picketing Act, and now, as amended, known as the Kansas Funeral Privacy Act, K.S.A. 21-4015. L. 2007, ch. 111, secs. 1-6. Although the legislature repeale... More...   $0 (03-14-2008 - KS)

This appeal raises issues regarding the validity of a mechanic's lien for services performed in the construction of a residence. The homeowners challenge the lien on the grounds that the form of the lien statement does not comply with the requirements of K.S.A. 60-1102(a) and it was not timely filed. Since resolution of this appeal turns on the adequacy of the mechanic's lien statement itself, we ... More...   $0 (03-14-2008 - KS)

Archie Kirkpatrick owned and resided in property that sits on the northwe... More...   $0 (03-14-2008 - KS)

Defendant denied Plaintiff's claims of wrongdoing.... More...   $42000 (03-13-2008 - KS)

Appellant Marcellus Baker sued his former employer, Via Christi Medical Center, for racial discrimination, sexual harassment, and retaliation under Title VII of the Civil Rights Act of 1964. The United States District Court for the District of Kansas granted summary judgment to Via Christi. Mr. Baker appeals pro se, generally arguing that he is entitled to a jury determination on the merits o... More...   $0 (02-27-2008 - KS)

Kimberly Alderfer filed a civil rights complaint against her former employer, the Board of Trustees of Edwards County Hospital and Healthcare Center (the Board), alleging she was terminated in breach of her employment agreement and in violation of her due process rights. The district court granted the Board's motion for summary judgment, concluding the Board lacked the authority under Kansas ... More...   $0 (01-25-2008 - KS)

This is an appeal from the entry of summary judgment in a non-profit corporate employer's favor on federal age and sex discrimination claims brought by plaintiff family members after they were simultaneously terminated from their employment by the corporation's board of directors. Plaintiffs also appeal from the district court's decision declining to exercise supplemental jurisdiction over the... More...   $0 (02-05-2008 - KS)

This is an inverse condemnation action brought by George R. Isely, as Trustee of the Mildred L. Isely Trust, et al. (Lessors), against the City of Wichita (City), regarding land owned by the Lessors and leased to Starr Holdings, L.L.C. (Lessee). The Lessors filed suit against the City seeking payment of just compensation as a result of the City's construction and maintenance of a roadway and ut... More...   $0 (01-28-2008 - KS)

Joe F. Brake (operator) and B. Eugene Blankinship (collectively Lessees), lessees of an oil and gas lease covering two tracts in Chautauqua County, appeal the district court's summary judgment cancelling their lease in favor of William W. Dexter and Margaret Jane Dexter (as trustees of revocable trusts) and Kenneth W. Nelson and Helen O. Nelson (collectively Lessors), to the extent of their int... More...   $0 (01-28-2008 - KS)

Fisher served on active m... More...   $0 (01-22-2008 - KS)

The City of Neodesha and others claimed that British Petrleum's (BP) successors in interest Standard Oil Co. and Amoco Corporation contaminated the City with unsafe levels of lead and petroleum products including benzene through the operation of their refinery, endangering residents and lowering property values. ... More...   $0 (01-10-2008 - KS)

This appeal raises an issue of first impression: When a party who receives a temporary injunction and posts an injunction bond does not ultimately prevail in the action, is the party liable under K.S.A. 60-905(b) for the attorney fees and expenses incurred by the opposing party, including fees incurred during a trial on the merits and during an appeal, even though the opposing party files a cou... More...   $0 (01-10-2008 - KS)

Jackie Wilkins, formerly a print operator with PackerWare Corporation, sought medical attention for what he thought was a work-related injury to his right arm. His doctor advised him to rest his arm for an extended period, advice that meant Mr. Wilkins would be unable to perform his regular job duties. Mr. Wilkins's employer gave him the option either to take unpaid leave or pursue light... More...   $0 (01-09-2008 - KS)

Kristen Day, a group of her fellow students at state universities in Kansas, and several of their parents (collectively, the "Plaintiffs") seek to overturn a provision of Kansas law that permits certain illegal aliens to qualify for in-state tuition rates. Day and the other Plaintiffs contend that Kansas Statutes § 76-731a unlawfully discriminates against U.S. citizens who are not Kansas re... More...   $0 (12-17-2007 - KS)

In the lead appeal, plaintiffs Brenda Harris and Larry Tolsma challenge the district court's grant of summary judgment to defendant American General Finance, Inc. (AGF) on their claims brought under the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. §§ 2601-2617. They also appeal the order denying their request for a statutory penalty, as authorized by the Kansas Consumer Prote... More...   $0 (12-20-2007 - KS)

Jared Moore, a volunteer fire fighter, was killed when his automobile was struck by one driven by defendant Robert L. Peterman, a deputy with the Leavenworth County Sheriff's Department (the Department), while both men were responding to an emergency call. Plaintiffs, the parents of Mr. Moore, brought suit in the United States District Court for the District of Kansas against a number of... More...   $0 (12-02-2007 - KS)

We begin by summarizing the rules that govern the timeliness of this appeal. Federal Rule of Appellate Procedure 4(a... More...   $0 (11-20-2007 - KS)

Sprint Communications Company LP sued Vonage Holdings Corporation on a patent infringement theory claiming that Vonage infringed six Sprint Nextel patents relating to sending voice communications over the internet. ... More...   $69500000 (09-27-2007 - KS)

Disgruntled Sprint Nextel Corporation stockholders filled class action claims against Sprint and its officers and directors claiming that defendants wrongfully combined its PCS and FON tracking stocks more than three years ago economically damaging them in excess of $1.3 billion. The PCS shares were issued to investors in Sprint's wireless network in 1998. In 2004, Sprint's Board of Directors ... More...   $57500000 (09-25-2007 - KS)

Plaintiff-Appellant Keith Jones appeals the District Court's grant of summary judgment in favor of Defendant-Appellee United Parcel Service, Inc. ("UPS") on his claims of disability discrimination and retaliation under the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. § 12101, et seq. UPS cross-appeals the District Court's assertion of subject matter jurisdiction over the case... More...   $0 (09-20-2007 - KS)

In May 2003 DIRECTV, Inc. filed a complaint in the United States District Court for the District of Kansas against William Turner and other defendants, seeking damages and injunctive relief under several federal statutes, including the Cable Communications Policy Act of 1984, 47 U.S.C. §§ 521 et seq, and the Electronic Communications Policy Act of 1986, 18 U.S.C. § 2510 et seq. The complain... More...   $0 (09-20-2007 - KS)

Plaintiff-Appellant John Proctor appeals the District Court's entry of summary judgment in favor of Defendant-Appellee United Parcel Service (UPS) on his claims that UPS terminated him in retaliation for filing administrative charges of disability discrimination in violation of the American with Disabilities Act (ADA), 42 U.S.C. § 12203(a), and for filing workers' compensation claims, in... More...   $0 (09-20-2007 - KS)

Plaintiff-Appellant Michael Lewis brought suit against his former employer, Defendant-Appellee Circuit City, for wrongful termination, based on alleged retaliation against Lewis for seeking workers' compensation benefits, a tort recognized by Kansas. However, Lewis has already arbitrated a claim of retaliatory discharge against Circuit City, pursuant to an arbitration agreement he signed with h... More...   $0 (09-20-2007 - KS)

Negligence and breach of fiduciary duty in connection with sale of 287 acres of land. Plaintiffs were individual trustees and beneficiaries of the Josef Sorkin Second Amended Trust. Defendant Valley View Financial was the corporate trustee for the trust. After Joseph Sorkin died, the trustees decided to sell various real estate assets, including property known as the Watson Farm, to pay for ... More...   $320000 (08-31-2007 - KS)