Health Care Litigation
Anthony F. Rupp (Tony) has 25 years’ experience and has been part of the Firm's trial practice for 23 years. He has tried cases involving business disputes, truck accidents, medical malpractice, product liability, municipal liability, employment discrimination and other personal injury claims. His trial experience is in federal and state courts in multiple states and before arbitrators. He has prosecuted and defended a number of preliminary injunction actions, and he has argued numerous appeals.
Mr. Rupp's clients include large and small businesses, executives, manufacturers and trucking companies. He also represents hospitals and physicians.
His efforts were recognized in 2008 by the Johnson County Bar Association, which named him the third recipient of the Honorable Earl E. O’Connor Civility Award recognizing professionalism, honor, integrity, preparation and advocacy.
Mr. Rupp has been recognized in:
Woodward & White’s Best Lawyers in America®
Chambers U.S.A. America’s Leading Lawyers for Business®
Missouri/Kansas Super Lawyers®
Trade Secrets and Restrictive Covenants
Mr. Rupp represents companies and individuals in trade secrets, unfair competition and restrictive covenant cases. Cases include:
The defense of three executives who were accused of misappropriating trade secrets upon leaving a publicly traded company. (Johnson County, Kansas)
The defense of a manufacturer accused of misappropriating trade secrets by hiring employees of a competitor. (Johnson County, Kansas)
The prosecution of a trade secrets claim on behalf of a manufacturer against a chemist who left the firm’s client for a competitor, resulting in a permanent injunction against the chemist. (U.S. District Court, Kansas)
The defense of a claim of tortious interference against our client, a privately-held company, based on its alleged recruiting of employees from a competitor. (Clark County, Nevada).
Class Actions and Antitrust
Mr. Rupp defends class action lawsuits, including cases under the state and federal antitrust laws. These have included a number of Indirect Purchaser claims under Kansas Antitrust Law.
Mr. Rupp represents corporations and individuals in disputes arising out of the rights and obligations of companies and shareholders in their dealings with one another. These include claims for breach of fiduciary duty, breach of contract, and securities litigation.
Health Care Litigation
Mr. Rupp defends hospitals and doctors in medical malpractice cases, and has successfully tried medical malpractice lawsuits in both Kansas and Missouri.
Mr. Rupp has presented continuing legal education programs within the Firm, for the Kansas Bar Association, the KADC, the Johnson County Bar Association, Washburn Law School and private for-profit CLE providers.
Awarded the Earl E. O'Connor Civility Award by the Johnson County Bar Association Board of Directors (2008)
KC Magazine in 2005, 2006 and 2007 recognized Mr. Rupp as a Missouri/Kansas Super Lawyer®
Mr. Rupp was selected for inclusion in Missouri & Kansas Super Lawyers 2008 for Business Litigation
Recognized in Chambers USA Client's Guide to America's Leading Business Lawyers in general commercial litigation (2007, 2008)
Mr. Rupp is listed in Woodward & White’s The Best Lawyers in America® for Commercial Litigation, Medical Malpractice Law, Municipal Law and Personal Injury Litigation: 2007-2009
COMMUNITY AND BAR INVOLVEMENT
Kansas Association of Defense Counsel, Former President
William Kahrs Distinguished Service Award (KADC’s highest award)
International Association of Defense Counsel
Defense Research Institute
Former Kansas State Representative
American Bar Association
Johnson County Bar Association
Charitable Foundation, Fellow
Charitable Foundation, Former Trustee
The Earl E. O'Connor Civility Award Recipient (2008)
Kansas Bar Association
Kansas Bar Foundation, Fellow
The Missouri Bar
Kansas City Metropolitan Bar Association
Lawyers Association of Kansas City
Missouri Organization of Defense Lawyers
Mr. Rupp has represented clients pro bono at the request of the federal court in Kansas, and has represented the class of inmates in the Wyandotte County Jail for jail reform litigation.
Mr. Rupp has also been involved in neighborhood and church committees and has been a volunteer coach of school and premier basketball teams.
Some of the published opinions in cases in which Mr. Rupp has been counsel include:
The Tenth Circuit Court of Appeals in Denver issued a ruling in favor of our client, the City of Olathe, Kansas, in a matter of first impression before the federal appellate courts. The Tenth Circuit clarified the meaning of a family under the federal fair housing laws, ruling that a group home for troubled adolescents is not entitled to familial status protection. This ruling preserves the right of municipalities to require group homes for adolescents to abide by zoning requirements, including the special use permit process. This process allows cities to take into account the impact of legitimate concerns that may be applicable in a particular case, including public safety. Keys Youth Services, Inc. v. City of Olathe, Kansas, 248 F.3d 1267 (10th Cir. 2001).
The Tenth Circuit Court of Appeals affirmed an opinion of the district court in Kansas that ERISA preempted plaintiff’s wrongful death claim against the firm’s client arising out of the termination of health insurance coverage. Settles v. Golden Rule Insurance Company, 927 F.2d 505 (10th Cir. 1991).
The Kansas Court of Appeals found in favor of our client, APAC-Kansas, Inc., that the exclusive remedy provision of K.S.A. 44-501(b) does not bar the enforcement of an independent contractual indemnification obligation voluntarily assumed by a statutory employer in favor of a third party where the claim of liability bears no relation to the Worker’s Compensation Act. Estate of Bryant v. All Temperature Insulation, Inc., et al., 22 Kan. App. 2d 387, 916 P.2d 1294 (1996).
The Court of Appeals upheld summary judgment in favor of our client, a defendant, on claims of tortious interference with contract, intentional infliction of emotional distress and malicious prosecution, wherein defendants were alleged to have damaged an individual’s reputation by reporting alleged sexual abuse. Clevenger v. Catholic Social Services of the Archdiocese of Kansas City in Kansas, Inc., 21 Kan. App. 2d 521, 902 P.2d 529 (1995).
The United States District Court granted in part a motion to dismiss plaintiff’s claims against our clients under 42 U.S.C. 1981. Atluru v. Anesthesia Services Medical Group of Topeka, P.A., 62 Fair Employment Practice Cases (BNA) 1696 (1991).
The United States District Court granted summary judgment in favor of our client, the plaintiff, against a group health plan. Davidson v. St. Francis Regional Medical Center Employee Group Health Plan, 715 F. Supp. 1038 (D. Kan. 1989).
The United States District Court granted a motion to dismiss in favor of our client, the defendant, under 42 U.S.C. 1983. Bradley v. Health Midwest, Inc., 203 F. Supp. 2d 1254 (D. Kan. 2002).
The United States District Court granted summary judgment in favor of our client, Digital Equipment Corporation. Webster v. Digital Equipment Corporation, 1996 WL 432380 (D. Kan. 1996).
The United States District Court ruled in favor of our client, the defendant, that a motion for order of voluntary dismissal would be denied where the motion appeared to be merely an attempt to circumvent an earlier ruling. National American Insurance Company of California v. CIGNA Property and Casualty Companies, 144 F.R.D. 117 (D. Kan. 1992).
PUBLICATIONS AND PRESENTATIONS
Tony has presented continuing legal education programs within the Firm, for the Kansas Bar Association, the KADC, the Johnson County Bar Association, Washburn Law School and private for-profit CLE providers. He is a regular contributor to the KADC Legal Letter.
Eighth Circuit Survey, Criminal Law
Creighton Law Review 893
B.A., cum laude, Creighton University, 1979
J.D., magna cum laude, Creighton University, 1983, Assistant Editor, Creighton Law Review, 1983