PRACTICE AREAS

Business Litigation

Class Actions

Corporate Directors & Officers Liability Litigation

Jack Brady represents both plaintiffs and defendants; his clients are both individuals and corporations. His successful business litigation trial experience includes cases involving class action breach of warranty, breach of contract, breach of fiduciary duty, director and officer liability, fraud, tortious interference, antitrust, accounting malpractice, lender liability, product liability, adversary bankruptcy proceedings, and insurance bad faith litigation. Successful tort litigation trial experience includes cases involving product defects of farm implements, auto crashworthiness, medical devices, and construction machinery; negligence in auto/truck collisions, wrongful death, medical malpractice, and hotel security and premises liability.

Having tried cases for both plaintiffs and defendants, for individuals and corporations, provides Mr. Brady with a diversity of experience and valuable insight into his opponents' trial strategy which allows for successful and efficient resolutions.

DISTINCTIONS

Recognized as a Missouri/Kansas Super Lawyer for Business Litigation by KC Magazine in 2005-2007

Listed in The Best Lawyers in America for Medical Malpractice Law and Personal Injury Litigation: 2008-2009

Mr. Brady was selected for inclusion in Missouri & Kansas Super Lawyers 2008 for business litigation

COMMUNITY AND BAR INVOLVEMENT

Kansas City Metropolitan Bar Association

Executive Committee (1993-2001)

President (2000)

Kansas City Metropolitan Bar Foundation

Lifetime Member

President, 2005

The Missouri Bar Board of Governors (2002-present)

Finance Committee

American Association of Justice

National Chair of Business Torts Section (2003)

NOTABLE EXPERIENCE

Co-lead counsel and lead trial counsel for several consumer class action cases against General Motors. Case successfully settled in October 2007 for confidential amount to be published upon final approval by all courts, anticipated in 2008. Gutzler v. General Motors.

Successfully represented at trial ANUHCO, Inc., et. al. in a breach of contract lender liability case against Westinghouse Business Credit. After a six week jury trial, verdict was returned for plaintiffs in the amount of $70 million. Judgment was affirmed on appeal and paid in the amount of $81 million including interest. This case represents the largest verdict ever affirmed in the State of Missouri. ANUHCO, Inc., et. al. v. Westinghouse Business Credit, 883 S.W. 2nd 910 (Mo. App. 1994.)

Successfully represented at trial Block Financial Corporation, a subsidiary of H&R Block, in a breach of contract case against America Online (AOL) in a transaction involving the sale of CompuServe, Inc. to AOL. Case tried for three weeks with verdict for Block Financial Corporation and against AOL in the amount of $21 million (2002). Block Financial Corp. v. America Online, Inc. (affirmed), 147 S.W.3d 878 (Mo. App. 2004.)

Successfully represented the trustee of the bankruptcy estate of Mountain Energy Corporation in numerous adversary proceedings resulting in a reduction of total claims and set-offs valued at $59,393,000 to the creditors of the estate.

Successfully arbitrated MEZ, Inc.’s claim against SPX, a large British conglomerate, in an 8 day arbitration. The breach of earn out provision contained in a purchase and sale of assets agreement claim resulted in an award of the full amount of the contingent earn out - $6.5 million, plus prejudgment interest in the amount of $495,000 and an award of attorneys’ fees and expenses.

Successfully represented a 9 year old boy with permanent brain injury in a product defect case against Ford Motor Company. Case settled after 3 weeks of trial, prior to closing argument, for confidential amount.

Successfully represented a 19-year-old woman in a negligent hotel security case against Marriott International and another defendant. Case settled after one week of trial for $2.725 million.

Successfully represented a 25-year-old woman in a Federal Torts Claim Act case against the U.S. Government and another defendant for medical malpractice. Case settled before trial for in excess of $2 million.

Successfully tried a medical malpractice failure to diagnose cancer case in Omaha, Nebraska. After one week trial, verdict for $500,000 was obtained.

Successfully represented a young woman and her family in an anesthesia negligence case in Memphis, Tennessee. Settlement of $1.5 million was secured after a year of preparation and pre-trial discovery.

Additional plaintiff jury verdicts obtained:

Albin v. Clark, M.D., Sedgwick County District Court, Wichita, KS negligent surgery claim, $300,000 verdict.

Dickson v. Mintax, Johnson County District Court, Olathe, KS breach of oral employment contract, $295,000 verdict.

Durette v. Bryan, Wyandotte County District Court, Kansas City, KS, automobile negligence, $150,000 verdict.

Seyler v. Santa Fe Railroad, U. S. District Court, for the District of Kansas, railroad negligence, $300,000 verdict.

Successfully defended at trial two ophthalmologists, Gerhard Cibis, M.D. and King Lee, M.D. in a medical malpractice claim. Three week trial with $6 million demand to the jury resulted in complete defense verdict. Brines v. Cibis, 882 S.W.2d 138 (Mo. 1994).

Successfully defended at trial an obstetrician in a medical negligence case claiming failure to diagnose and treat shoulder dystocia which resulted in permanent injury.

Successfully defended at trial a hospital in a wrongful death case involving a claim of failing to diagnose and treat a bleeding condition.

Successfully defended at trial a gastroenterologist who allegedly perforated a patient’s bowel and allegedly caused debilitating pancreatitis.

PUBLICATIONS AND PRESENTATIONS

Jury Selection and Opening Statements

During his career, Mr. Brady has given many presentations at continuing legal education seminars presented by The American Trial Lawyers Association, The Kansas City Metropolitan Bar Association, The Kansas Trial Lawyers Association and The Missouri Bar on a variety of trial-related subjects.

July 13, 2007

Defense of Medical Malpractice Cases After Tort Reform

The Missouri Bar

Jury Selection and Opening Statements

June 1, 2007

Direct Exam of Lay and Expert Witnesses

Kansas Trial Lawyer’s Association

Trial Advocacy Seminar

March 11, 2005

Finding, Selecting, Preparing, Presenting and Deposing Expert Witnesses

Kansas Trial Lawyers Association

January 2004

Generational Perception Issues: Picking a Jury and Crafting Your Opening Statement

The Missouri Bar

March 1988

Kansas Property Tax, Surviving Reappraisal and Reassessment

Journal of the Kansas Bar

EDUCATION

J.D., cum laude, Creighton University, 1980

B.S., Business, University of Nebraska-Lincoln, 1976

BAR ADMISSIONS

Missouri, 1980

Kansas, 1987