Trust & Estate Litigation
Civil Trial Practice
Sampson v. Hunt, 233 Kan. 572, 665 P.2d 743 (1983) Malicious prosecution action resulting in jury verdict for $20,000 actual damages and $600,000 punitive damages.
Pancake House, Inc. v. Redmond, 239 Kan. 83, 716 P.2d 575 (1986) Legal malpractice case of first impression resulting in court adopting four rules for attorney malpractice in Kansas as to when the accrual of a cause of action occurs and the statute of limitations begin to run-- Occurrence Rule, Damage Rule, Discovery Rule, and the Continuous Representation Rule.
Hunt v. Dresie, 241 Kan. 647, 740 P.2d 1046 (1987) Legal malpractice case of first impression allowing former client to recover all damages assessed against him in underlying malicious prosecution action, including punitive damages, against defendant attorney who negligently defended the underlying action.
Ryder v. Farmland Mutual Ins. Co., 248 Kan. 352, 807 P.2d 109 (1991) Breach of contract case of first impression upholding Rule 1.5 of the Kansas Rules of Professional Conduct permitting direct payment of attorney referral fees to out-of-state counsel.
Universal Motor Oils Co., Inc. v. Amoco Oil Co., Inc., 809 F.Supp. 816 (D. Kan. 1992) and 743 F.Supp. 1484 (D. Kan. Aug. 15, 1990). Copyright infringement litigation upholding temporary restraining orders directing defendant Amoco Oil Company to remove all infringing products from market.
Morrison v. Watkins, 20 Kan. App.2d 411, 889 P.2d 140 - review den'd 275 Kan. 1092 (1995) Case of first impression in attorney and trustee malpractice action resulting in court extending Continuous Representation Rule to cover all professionals owing a fiduciary duty to client, and not just attorneys.
Bergstrom v. Noah, 266 Kan. 829, 974 P.2d 520 (1999) Malicious prosecution action further defining "probable cause" needed to initiate a civil proceeding.
Fryetech, Inc. v. Harris, 46 F.Supp.2d 1144 (1999) Action brought by manufacturing company against former employees who started competing business resulting in summary judgment against employees. U. S. District Court ruled that employees owed the duty of good faith to their employer, including a duty of disclosure to the employer of prospective competition and self-interested transactions.
Tri-County Concerned Citizens, Inc. v. Waste Connections of Kansas, Inc., 32 Kan. App.2d 1168, 95 P.3rd 1012 (review den'd, Dec.2004) Appeal by environmental association challenging county board's decision to grant waste disposal company's special use permit for a sanitary landfill from a finding by the district court that board prejudged company's application. District court's decision reversed and landfill permit reinstated.
Rodriguez-Tocker v. Estate of Tocker, 35 Kan. App 2d 15, 129 P.3d 586 (2006). Representing surviving widow in action against trustee of a trust into which the widow's late husband had secretly transferred over $8 million shortly before his death; Court affirmed district court's disqualification of trustee.
Kansas Heart Hospital, et al. v. Badr Idbeis, M.D., et al., 286 Kan. 183, 184, P.3d 866 (2008) Court upheld validity of restrictive covenant in Kansas Heart Hospital's by-laws prohibiting shareholders from investing in competing hospital and requiring shareholders who violated provision to sell their stock back to hospital at book value.
Evenson v. Lilley, 295 Kan. 43, 282 P.3d 610 (2012) Property damage claim to have the Kansas Supreme Court clarify and/or reform antiquated rule governing the measure of damages for the negligent injury or destruction of trees to be the replacement cost of the destroyed trees not to exceed the fair market value of the real estate where the trees were located rather than using the "before and after rule" -- that is, the difference between the market value of the land immediately before and immediately after the injury to the trees.
Kyle Jim, an incapacitated person, v. Lyndon Gamelson, et al. and Mills, Severt and Kehr, Unpublished Opinion by Kan. App. Ct., Docket No. 106,664, May 3, 2013. Upholding ruling of District Court post trial dispute related to division of $1.6 million in attorney fees resulting from the successful prosecution of a medical malpractice case. The Plaintiff's first set of attorneys had procured a $3 million settlement offer when Plaintiff's mother rejected the offer and terminated them. She then hired a second set of attorneys who eventually tried the case to a jury resulting in an approximate $4 million verdict. No party appealed this verdict and the first set of attorneys represented by Mr. Moore filed their attorneys lien for $1.2 million. The second set of attorneys contested the lien on a number of grounds specifically contending that the first set of attorneys' recovery, if any, was limited to fees based on the actual time spent on the case. District Court rejected second attorneys' contentions and awarded first attorneys substantial fees based upon K.S.A. 7-109, 7-121(b) and the 7 factors set forth in Rule 1.5 of the Kansas Rules of Professional Conduct determining that quantum meruit is not limited to actual hourly time spent on case.
Marlene M Brown Living Trust and the Estate of Marlene M . Brown, et al. v. J. Matthew Pennington, State Farm General Insurance Company, et al., Sedgwick County District Court Case No. 11 CV 3831, 18th Judicial District for the State of Kansas (2012). Confidential settlement for tort claims involving a former State Farm insurance agent who embezzled insured's life insurance proceeds belonging to the insured's Trust. The former agent, J. Matthew Pennington, was charged with Federal criminal violations and is now incarcerated in a Federal prison.
Zimmerman v. Brown, 49 Kan.App.2d, 143, 306 P.3d 306 (2013) John Terry Moore's expert opinion as to Defendant attorneys' legal malpractice reviewed and recognized by the Kansas Court of Appeals as sufficient evidence from which a jury could find defendant attorneys' breached their duty of care and skill that a reasonably competent attorney practicing in the state of Kansas would have used in similar circumstances.
Board of County Commissioners of Sumner County, KS, et al. v. Robert Moser, Secretary of KDHE and Waste Connections of Kansas, Inc., Kan. App. Ct. Unpublished Opinion, Docket No. 108,471, Review Den'd, Kansas Up. Court, Case No. 12-108471-A, June 20, 2014. Action brought by the Board of Commissioners of Sumner County, Kansas and a concerned citizens group against Kansas Department of Health and Environment and Waste Connections of Kansas, Inc. to void the landfill permit issued to Waste Connections in Harper County, Kansas. The Kansas Appellate Courts affirmed the issuance of the Landfill Permit upholding the District Court's ruling that the granting of the permit was supported by substantial evidence and its issuance was not arbitrary and capricious.
In Re Estate of Earl O. Field, Ellis County Kansas District Court, Case No. 13 PR 22 (2016). John Terry Moore, representing the principal beneficiary, Fort Hays State University Foundation (FHSU Foundation), named in numerous formal Wills prepared at the direction of and signed by benefactor/decedent Earl O. Field., defeated a purported new Will/Codicil “letter” found by the decedent’s bookkeeper shortly after his death. This purported new Will/Codicil letter diverted over 20 Million Dollars of assets from FHSU Foundation to the decedent’s bookkeeper and his former attorney. Forensic document experts engaged by Mr. Moore determined the purported Will/Codicil letter was fraudulent because it was not signed or typed by the decedent. After a two week trial with 26 witnesses and over 500 exhibits admitted into evidence, the Trial Court held that the purported Will/Codicil letter was fraudulent and reinstated the decedent’s prior Will leaving the majority of the decedent’s Estate to FHSU Foundation.
Other Notable Experience/Achievements:
Mr. Moore was awarded the 2003 Consumer Advocate Award by the Kansas Trial Lawyers Association.
John Terry Moore
Admitted: 1972, Kansas; U.S. District Court, District of Kansas and U.S. Court of Appeals, Tenth Circuit; U.S. Supreme Court
Law School: Washburn University of Topeka, J.D.
Member: Wichita and Kansas Bar Associations; Kansas Association for Justice (Board of Governors); The American Association for Justice (Sustaining Member)
Biography: Phi Alpha Delta. Comments Editor, Washburn Law Journal, 1970-1971. Assistant Attorney General, Kansas, 1973-1974. Municipal Judge, Andale, Kansas, 1981-1991. Member, Wichita-Sedgwick County Metropolitan Area Planning Commission, 1982-1989. Listed in the 1995-2016 editions of The Best Lawyers in America. Selected as Kansas Super Lawyer by Law and Politics Magazine in the area of business litigation, 2005-2016. Highest Peer Review rating - AV - in legal ability and ethical standards by Martindale-Hubbell from 1995-2016. Previously Certified as a Civil Trial Advocate by the National Board of Trial Advocacy.
Born: Wichita, Kansas