Attorneys

The following is a representative example of some of the cases Eric has recently prosecuted:

Overlap, Inc. v. A.G. Edwards & Sons, Inc.. -- Eric tried this case before a Jackson County, Missouri jury who awarded approximately $7.1 million dollars (pre-merger) to a computer software developer for breach of contract, fraud and negligent misrepresentation. Plaintiff Overlap, Inc. claimed that A.G. Edwards violated its software license agreement by loading the software on more than fifty computers and then making the reports from the software available to all of its stock brokers. Plaintiff further alleged that the defendant had misrepresented the nature and extent of its use of the software. At trial, Overlap, Inc., argued that A.G. Edwards knew that it was prohibited from sharing the reports generated by the software with its brokers, but nevertheless continued to use it in such a manner without telling plaintiff. Defendant A.G. Edwards argued that the terms of the software license agreement permitted its use of the software. The trial lasted eight days and after two hours of deliberation, the jury found in favor of plaintiff Overlap. Among the jury's awards was a punitive damages award for $2.3 million.

Garcia, et. al. v. Tyson Foods, Inc. et. al. -- Eric represents a class of workers at Tyson's Emporia, Kansas and Holcomb, Kansas facilities. The plaintiffs allege they are not paid for the time they spend putting on and taking off protective clothing and gear and the time they spend walking throughout the huge meat processing facilities. The Garcia case comes on the heels of a recent decision -- Alvarez v. IBP, Inc, -- where the Supreme Court ruled that federal law requires employers to pay for the time their meat processing plant workers spend changing in and out of required protective clothing and for the time walking throughout the facility. The plaintiffs won a major victory in defeating Tyson's bid for summary judgment and the U.S. Tenth Circuit Court of Appeals recently dismissed Tyson's appeal after extensive briefing on the issue.

In re Wells Fargo Home Mortgage Overtime Pay Litigation -- Eric represents a nationwide class of loan originators who were classified as ineligible for overtime pay. The class seeks a declaration that the class members were legally entitled to overtime pay and seeks reimbursement for unpaid overtime wages. The United States District Court has certified the case as a nationwide class and collective action involving more than 20,000 class members. The class certification decision is currently on appeal to the U.S. Ninth Circuit Court of Appeals.

Butcher, et. al. v. Chrysler LLC -- Eric represents a class of consumers who purchased 2007 Dodge Ram 1500 trucks. The plaintiff alleges that the trucks are defective and seeks damages under a breach of express warranty theory. The case is pending in the U.S. District Court for the Middle District of North Carolina.

Levy Premium Foodservice v. Ehlert Development Corp. -- Eric obtained a settlement in a case involving a breach of contract dispute between the Kansas City T-Bones and their former food service provider, Levy Restaurants. The case was pending in Kansas state court before it was successfully resolved in 2007.