News
False Claims Act Dismissal Obtained by Nick Kurt
Nick Kurt recently obtained a dismissal of a claim brought under the False Claims Act (“FCA”) against Quicken Loans in federal court in Kansas. The Court adopted Nick’s analysis and held that the plaintiff failed to comply with the procedural requirements of the FCA. The Court also held that the plaintiff failed to state a claim establishing liability under the FCA. The Court then declined to exercise supplemental jurisdiction over the plaintiff’s remaining claims. The plaintiff moved for reconsideration of the Order …
Read More >Nick Kurt Wins Dismissal on Subject Matter Jurisdiction in Federal Court
Nick Kurt recently obtained a complete dismissal of a legal malpractice action against his client in federal court in Kansas. The Court held that it lacked subject matter over the plaintiff’s claims. For the complete order, click here .
Read More >Morris, DiVita and Wieland Obtain Federal Court Dismissal for Lack of Personal Jurisdiction
Berkowitz Oliver partners Jeff Morris , Nick DiVita and Jennifer Wieland recently obtained a complete dismissal of their clients from a lawsuit filed in federal court in Kansas. The Court held there was no personal jurisdiction in Kansas over non-residents Smaller Earth, Inc. and Camp Leaders USA. The Court considered whether the non-resident defendants had “minimum contacts” with Kansas and concluded they did not. For an analysis of the Court’s dismissal order, click here .
Read More >Potential Changes to Missouri Human Rights Act Described by Tim West
There are several bills currently pending in the Missouri legislature designed to modify the Missouri Human Rights Act, writes Tim West . To read his recent article describing the proposed modifications to the Act, click here .
Read More >Proposed Tightening of Missouri Venue, Joinder Rules Addressed in Articles by Tim West
Tim West recently published articles regarding legislation under consideration in Missouri that would tighten venue and joinder rules in tort cases – essentially making it harder to bring tort claims in the state. These measures are moving fairly quickly through the House and Senate and look certain to pass in the near future. These are bills that Governor Greitens called for in his State of the State address and are all but certain to be signed into law upon reaching his desk. For the complete articles, …
Read More >Berkowitz Oliver Hosts Presentation on Human Rights Law
Berkowitz Oliver recently hosted Matt Eisenbrandt for a presentation concerning his book Assassination of a Saint: The Plot to Murder Oscar Romero and the Quest to Bring His Killers to Justice. Matt, a Kansas City native, is the son of partner Jim Eisenbrandt . He is a human rights lawyer, and the former Legal Director for the Center for Justice and Accountability in San Francisco. He is presently the Legal Director for the Canadian Centre for International Justice. The book tells the true story …
Read More >Fraud and Negligent Misrepresentation Chapter Authored by Partner Nick DiVita
Berkowitz Oliver partner Nick DiVita recently authored the Missouri and Kansas “Fraud and Negligent Misrepresentation” section for the forthcoming Kansas City Metropolitan Bar Association Business Torts handbook revision. Nick is also serving as one of five editors of the handbook. Nick has been selected as a Super Lawyer in Business Litigation every year since 2010.
Read More >Partner Tim West on Criminal Sentencing Bills in Missouri
Berkowitz Oliver partner Tim West recently wrote an article regarding bills under consideration in the Missouri Legislature related to criminal sentencing. For a link to the article, click here .
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