Brad has more than 35 years of experience prosecuting and defending claims on behalf of companies such as Cerner Corporation, Lloyd’s of London, Adidas, Westar Energy, Golden Living, QuikTrip, and 7-Eleven in a wide variety of litigation matters, including software disputes, alleged consumer protection violations and other business torts, insurance, antitrust, intellectual property, products liability, and employment actions. He has first-chaired more than 30 trials to verdict in federal and state courts across the country.
After obtaining a defense verdict at the conclusion of a two-week jury trial in a deceptive trade practices class action arising out of the retail sale of motor fuel, Brad and Shook were recognized as “Legal Champions” by Missouri Lawyers Weekly for their defense of several clients in the In re Motor Fuel Temperature Sales Practice Litigation.
Before joining Shook, Brad was a partner at Stinson Leonard Street LLP. He also was a law clerk for Judge Andrew Jackson Higgins of the Missouri Supreme Court.
Business Litigation, Insurance and Antitrust
Defense of Golden Living in class action against 12 of their nursing homes, employees and affiliated companies regarding claims they violated the Arkansas Deceptive Trade Practices Act by failing to provide sufficient direct care staff to meet the needs of residents. Lamb v. GGNSC Arkadelphia LLC, Circuit Court of Ouachita County, Arkansas.
Defense of QuikTrip, 7-Eleven and Kum & Go, including jury trial in Kansas case of MDL proceeding, regarding claims that they violated the Kansas Consumer Protection Act by failing to disclose the temperature of gasoline and diesel fuel and its effect on energy content. In re Motor Fuel Temperature Sales Practice Litigation, U.S. District Court for the District of Kansas.
Defense of The Innovation Group Plc., including jury trial, regarding claim of intentional interference with stock option agreements. Nail v. Mueller, et al., District Court of Johnson County, Kansas.
Defense of Cerner Corporation in arbitration brought by third party integrator of clinical information system at Childrens Hospital Los Angeles. Computer Sciences Corporation v. Cerner Corporation, et. al., California Court of Appeal.
Prosecution of claim on behalf of Kansas City Southern’s captive insurer against reinsurers who denied coverage for serious railroad crossing accident based upon a variety of policy defenses. Shrewsbury Underwriting Capital v. Trans Fin Insurance Ltd., U.S. District Court for the District of Vermont.
Defense of Lloyd’s of London regarding claim for coverage on behalf of Aon for derivative and securities claims arising out of Aon’s collection of contingent commissions. Aon Corporation v. Certain Underwriters at Lloyd’s of London, et.al., Circuit Court of Cook County, Illinois.
Defense of Great Dane Trailers, including summary judgment, on claims of breach of contract, negligent misrepresentation and fraud arising out of the sale of 5,000 refrigerated trailers to a major trucking company. New Prime, Inc. v. Great Dane Limited Partnership, U.S. District Court for the Western District of Missouri.
Prosecution of claims, including jury trial, on behalf of Westar Energy against Union Pacific Railroad and Burlington Northern Railroad for breach of long-term coal transportation contract. Western Resources, Inc. vs. the Burlington Northern Santa Fe, et al., U.S. District Court for the District of Kansas.
Prosecution of antitrust claims on behalf of Adidas against the NCAA for restraints on advertising. Adidas America, Inc. v. NCAA, U.S. District Court for District of Kansas.
Defense of Dillards, Inc., including jury trial, on claim for breach of warehouse lease. Privatera v. Dillards, Inc., U.S. District Court for the District of Kansas.
Defense of class action price-fixing claims against a Brazilian supplier of aluminum phosphide. In re Aluminum Phosphide Litigation, U.S. District Court for the District of Kansas.
Prosecution of claim against Fleming Foods Company for breach of fiduciary duty to minority shareholders of grocery business. Kays v. Fleming Foods Company, Circuit Court of Jackson County, Missouri.
Prosecution of claims on behalf of CSU, Inc. against Xerox Corporation for restraints on the sale of replacement parts and defense of counterclaims for patent and copyright infringement. CSU, Inc. v. Xerox Corporation, U.S. District Court for the District of Kansas.
Defense of Haldex on patent infringement claim involving desiccant filter for air brake system. Porous Media v. Haldex Brake Products Corporation, U.S. District Court for the District of Minnesota.
Brad has first-chaired the defense of major companies in a variety of industries in matters involving products liability claims filed across the country. He has represented, among others, Haldex Brake Products Corporation (brake components and systems); U.S. Surgical (medical devices); Upjohn (pharmaceutical); Diamant Boart, Inc. (industrial equipment/silicosis).
Defense of The Phoenician, including jury trial, on claim of false light invasion of privacy. Barnett v. The Phoenix Resort Corporation, et al., Superior Court of Maricopa County, Arizona.
Defense of Employers Reinsurance Corporation, including jury trial, on claim of age discrimination. Dickerson v. Employers Reinsurance Corporation, U.S. District Court for the District of Kansas.
Defense of Container Recycling, Inc., including jury trial, on claim of race discrimination and retaliation. Richardson v. Container Recycling, Inc., U.S. District Court for District of Kansas.