PRACTICE AREAS

Appellate Practice

Business Litigation

Sharon Kennedy is a staff attorney with the firm's Business Litigation Section and a member of the Appellate Practice Group. She has extensive appellate experience, having been the primary author of many successful appellate briefs in both state and federal courts, including the Eighth Circuit Court of Appeals, Missouri Supreme Court and Missouri Court of Appeals, as well as seeking and opposing petitions for writ of certiorari to the United States Supreme Court. Her appellate experience includes appearing as amicus curiae before the Missouri Supreme Court and presenting oral argument before the Missouri Court of Appeals. A selection of cases briefed and/or argued by Ms. Kennedy is listed below.

Ms. Kennedy also has substantial experience handling various litigation matters for both plaintiffs and defendants, including general business torts and contract litigation, complex commercial litigation (including antitrust and RICO claims), governmental liability defense (including sovereign immunity and § 1983 claims), personal injury and wrongful death, employment law, construction law, and insurance defense/subrogation. In particular, Ms. Kennedy's primary focus is providing support for the Firm's litigation team, including researching legal issues; preparing pleadings, summary judgment and other motions; and drafting jury instructions.

COMMUNITY AND BAR INVOLVEMENT

The Missouri Bar

St. Joseph Bar Association

Kansas City Metropolitan Bar Association

Ms. Kennedy is actively involved in many capacities with the American Red Cross, Midland Empire Chapter, in St. Joseph. She has served as a member of its Board of Directors since 2005, and as Secretary beginning in 2007. She is also presently a member of its Governance Committee, and prior to that served for two years on its Human Resources Committee. In addition, Ms. Kennedy volunteers with her local Red Cross Chapter on its Armed Forces Emergency Servcies Program, and as a Service Team Leader, as well as assisting with disaster relief and other community service activities.

Ms. Kennedy is also a member of St. Paul Lutheran Church in St. Joseph. Other past civic contributions include serving on the Board of Directors of the UMKC School of Law Alumni Association (1996-1999), and of the Humane Society of St. Joseph, Missouri (2004-2005); as well as an officer of the East Hills Sertoma Club, St. Joseph, Missouri, and the Gladstone Sertoma Club, Gladstone, Missouri. For several years, she was a licensed foster parent with the Missouri Division of Family Services, and a volunteer with The Dream Factory in Kansas City.

NOTABLE EXPERIENCE

Nitro Distributing, Inc. v. Alticor, Inc., 453 F.3d 995 (8th Cir. 2006) (defeating arbitration on behalf of multiple plaintiffs in complex commercial litigation case)

Nitro Distributing, Inc. v. Dunn, et al., 194 S.W.3d 339 (Mo. banc 2006) (defeating, in principal part, arbitration on behalf of plaintiffs in complex commercial litigation case); transfer to United State Supreme Court denied.

Netco, Inc. v. Dunn, et al., 194 S.W.3d 353 (Mo. banc 2006) (defeating, in principal part, arbitration on behalf of plaintiffs in complex commercial litigation case); transfer to United States Supreme Court denied.

United Pharmacal Co. of Missouri, Inc. v. Missouri Board of Pharmacy, 159 S.W.3d 361 (Mo. banc 2006) (obtaining declaratory judgment against state agency for exceeding its authority)

Rhodes Engineering Co., Inc. v. Public Water Supply Dist. No. 1 of Holt County, 128 S.W.3d 550 (Mo. App. W.D. 2004) (commercial litigation defense)

Payne v. City of St. Joseph, 135 S.W.3d 444 (Mo. App. W.D. 2004) (governmental liability defense)

In re Swearingen, 42S.W.3d 741 (Mo. App. W.D. 2001) (obtaining dismissal of appeal in conservatorship action)

Marketing & Creative Support Service, Inc. v. Ellison Auxier Architects, Inc., 62 S.W.3d 607 (Mo. App. W.D. 2001) (commercial litigation defense)

Portis v. Greenhaw, 38 S.W.3d 436 (Mo. App. W.D. 2001) (affirmance of plaintiffs' judgment in wrongful death action)

Dygert v. Crouch, 36 S.W.3d 1 (Mo. App. W.D. 2001) (real estate transaction)

Schweiger Constr. Co., Inc. v. U.S., 49 Fed. Ct. 188 (Fed. Cl. 2001) (government contractor claim)

Stanley v. City of Independence, 485 S.W.2d 529 (Mo. 1999) (governmental liability defense), as amicus curiae.

Crede v. City of Oak Grove, 979 S.W.2d 529 (Mo. App. W.D. 1998) (governmental liability defense), briefed and argued.

Woods v. Kelley, 948 S.W.2d 634 (Mo.App. W.D. 1997) (governmental liability defense), briefed and argued.

DePugh v. Sutton, 104 F.3d 363 (8th Cir. 1996) (governmental liability defense)

Gilmore v. Attebery, 899 S.W.2d 164 (Mo. App. W.D. 1995) (governmental liability defense)

Fonseca v. Collins, 884 S.W.2d 63 (Mo. App. W.D. 1994) (governmental liability defense)

Gentry v. City of Lee's Summit, Mo., 10 F.3d 1340 (8th Cir. 1993) (governmental liability defense)

Hagedorn v. Adams, 854 S.W.2d 470 (Mo. App. W.D. 1993) (governmental liability defense)

Richardson v. State Highway & Transp. Com'n, 863 S.W.2d 876 (Mo. 1993) (governmental liability defense), as amicus curiae.

PUBLICATIONS AND PRESENTATIONS

2006

Identity Theft: What Every Business Needs to Know to Avoid Liability

1991

Idaho v. Wright: The Confrontation Clause Limits on the Admissibility of Hearsay Evidence in Child Abuse Cases

59 UMKC L. Rev. 1093

EDUCATION

J.D., University of Missouri-Kansas City School of Law, 1992,

Editor-in-Chief, The Urban Lawyer; UMKC Law Review

B.S., William Jewell College, 1989

BAR ADMISSIONS

Missouri, 1992

Kansas, 1993