Published Court Cases

The litigation process sometimes results in a court opinion that is published. Below are some of the cases Don Peterson has handled in which there is a published court opinion.

Yinger v. Postal Presort, Inc., 6:15-CV-01106 (D. Kan.) Don Peterson and Sean McGivern represented Mr. Yinger, who needed time off work following a heart infection arising from pacemaker surgery, as a reasonable accommodation under the Americans with Disabilities Act. The District Court originally threw the case out. The Tenth Circuit reversed and ordered a trial. We tried the case and our client prevailed on his claim under the ADA, recovering about a year of backpay.

McMullen v. Figeac Aero North America, Case No. 2015-AIR-00027 (USDOL OALJ Jan. 13, 2017). Don Peterson and Sean McGivern successfully tried an “AIR 21” whistleblower retaliation claim to conclusion. The Administrative Law Judge found our client was fired in retaliation for reporting violations of FAA regulations and the ALJ awarded damages.

Meyer v. UNUM Life, 12-1134-KHV (March 31, 2015). Donald Peterson and Sean McGivern represented the plaintiff in this disability insurance claim. The insurance policy was obtained through Mr. Meyer’s employment and was therefore governed by the Employment Retirement Income Security Act. Mr. Peterson and Mr. McGivern won the case, obtaining a favorable judgment for their client.

Suhr v. Aqua Haven, LLC and Master Spas, Inc., Case No. 11-1165-EFM (Nov. 7, 2013). Mr. Peterson defended a manufacturer of hot tubs and swim spas which are sold nationwide. The plaintiff claimed violation of various consumer protection laws. Mr. Peterson obtained a summary judgment in favor of his client, ending the case without the need for trial.

Hubbard v. Logi Warehousing and Transportation, LLC et al, Case No. 09-CV-02266-JPO (D. Kan. 2010). This was a wrongful death case arising from a double tractor trailer collision. Mr. Peterson represented the defendant trucking company and its driver in a four day jury trial, in which his clients prevailed with a defense verdict.

Richard v. Hinshaw, NO. 09-1278-MLB (2009 – 2014). Mr. Peterson was retained by Sedgwick County Kansas to defended a jail deputy in a civil rights case filed under 42 U.S.C. 1983. This case, which lasted over five years, ultimately was resolved without trial.

Clopton et al. v. TSS, Inc. et al, Case No. 10-CV-1229-JAR-JPO, U.S. Dist. Ct., District of Kansas, 2010 (plaintiffs’ attorney for a 27-plaintiff class conditionally certified under the Fair Labor Standards Act seeking unpaid compensation due to misclassification; settled in 2011, with plaintiff class members receiving 100+ cents on the dollar for unpaid wages, plus attorneys fees).

B & K Mechanical, Inc. v. Wiese, Case No. 03-4149-RDR (March 21, 2007). Mr. Peterson defended a former employee sued by his former employer. The former employee had never signed any non-compete agreement and quit his position to start a new business in the same industry. The former employer sued the former employee, seeking judgment for “breach of fiduciary duty.” Mr. Peterson obtained a summary judgment in favor of his client. The court ruled that an employee may prepare to compete even while still employed, as long as the employee does not actually begin to compete with the employer while still employed.

Geer v. Challenge Financial Investors Corp., Case No. 05-1109-JTM (2005 – 2007) This was a case filed as a nationwide class action case under the Fair Labor Standards Act, with a potential class of over 1200 mortgage brokers who claimed they were entitled to unpaid overtime pay. Mr. Peterson defended Challenge Financial Investors Corp. The case was ultimately resolved without trial.

Appeals

Don Peterson has been involved in more than 25 appeals over the years. Below are a few of those:

Yinger v. Postal Presort, Inc., No. 16-3239 (10th Cir. 2017). The Court of Appeals reversed summary judgment remanded for trial our client’s case for violations of the Americans with Disabilities Act and wrongful discharge.

Brackens v. Best Cab, Inc., No. 06-3308 (10th Cir. 2007). This was a race discrimination case by a cab driver against a cab company. Mr. Peterson represented the defendant, Best Cab, Inc. Mr. Peterson obtained summary judgment for Best Cab, Inc. On appeal, the 10th Circuit Court of Appeals upheld the judgment for Mr. Peterson’s client.

Cory v. Fahlstrom, 80 Fed. Appx. 656 (10th Cir. 2003). Mr. Peterson represented the appellee, who had prevailed before the trial court and upheld that judgment on appeal.