Defense Verdict Obtained in False Imprisonment Case

Oct 31

Clark, Mize & Linville, Chartered attorney Dustin J. Denning, successfully defended a large retailer in a jury trial in which plaintiff alleged that he was falsely detained by employees in the parking lot of the store.  The plaintiff sought $5,000 in compensatory damages as well as punitive damages.  The plaintiff alleged humiliation and embarrassment after he was stopped and asked to show his receipt for a GPS unit that he carried out of the store, unbagged, on Black Friday.  Plaintiff paid for the item, but alleged that he had no obligation to show the receipt when asked by store personnel.

The litigation lasted more than three years, during which numerous discovery and related motions were filed to address various positions taken by the plaintiff, including an attempt to depose certain high level “Apex” officials within the company.

Clark, Mize & Linville attorneys successfully argued at trial that the retailer’s employees were justified in stopping the plaintiff under the “Merchant’s Privilege”, which allows a retailer in Kansas to detain a person on the premises in a reasonable manner and for a reasonable period of time if the retailer reasonably believes that the person has actual possession of and has wrongfully taken, or is about to wrongfully take, merchandise from the store.

The Barton County, Kansas, jury returned a verdict in favor of our client.

Three Selected for Inclusion in The Best Lawyers in America

Apr 01

Clark, Mize & Linville, Chartered, 129 S. 8th Street, Salina, is pleased to announce that three of its attorneys have been selected for inclusion in the 19th edition of The Best Lawyers in America® (Copyright 2013 by Woodward/White, Inc., of Aiken, SC).  Inclusion in Best Lawyers in America is based on the ratings and recommendations of lawyers with experience working in the same practice areas as those receiving recognition.

Peter L. Peterson has been included since the publication’s inception in 1983 and currently is listed in the practice areas of Trusts and Estates, Non-Profit/Charities Law, Tax Law, and Employee Benefits (ERISA) Law.  In addition, Mr. Peterson has been selected as the 2013 Best Lawyers in America Lawyer of the Year in the Wichita Area for the practice area of Trusts and Estates.

John W. Mize has been listed since 1997 in the practice area of Health Care Law.  Previously, Mr. Mize was selected as 2011 Best Lawyers in America Lawyer of the Year in the Wichita Area for the practice area of Health Care Law.

Eric N. Anderson is newly listed in the practice areas of Business Organizations (including LLCs and Partnerships) and Trusts and Estates.

Eric N. Anderson Selected For Inclusion in The Best Lawyers in America

Sep 20

Clark, Mize & Linville, Chartered, is pleased to announce that Eric N. Anderson has been selected by his peers for inclusion in the 2013 edition of The Best Lawyers in America®.  Eric was selected in the areas of Business Organizations and Trusts and Estates.  Best Lawyers is generally regarded as the definitive guide to legal excellence in the United States.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 4.0 million confidential evaluations by fellow top attorneys).

Defense verdict in road condition negligence action

Feb 23

Clark, Mize & Linville, Chartered recently obtained a defense verdict from a jury on behalf of a Kansas county in a case in which the plaintiff contended that the county created a hazardous road condition that caused a motor vehicle accident.  The plaintiff claimed permanent injuries and sought damages of more than $1 million.  Peter S. Johnston and Jared T. Hiatt successfully tried the case for the firm and on behalf of the county.

Peter S. Johnston elected to District Judicial Nominating Commission

Feb 23

Clark, Mize & Linville, Chartered, is pleased to announce Peter S. Johnston has been elected as a member of District Judicial Nominating Commission for the Twenty-Eighth Judicial District of Kansas.  The purpose of the district judicial nominating commission is to nominate persons for appointment to the office of district judge and to appoint persons to the office of district magistrate judge in judicial districts that have adopted the nonpartisan method for the selection of judges.  The Twenty-Eighth Judicial District is comprised of Ottawa and Saline Counties.

Dustin J. Denning installed as president of Kansas Association of Defense Counsel

Feb 12

Clark, Mize & Linville, Chartered, is pleased to announce that Dustin J. Denning has been installed as president of the Kansas Association of Defense Counsel for 2012.

The KADC is a statewide nonprofit organization of Kansas lawyers
who devote a substantial part of their practice to the defense of litigated
cases and has a membership of more than 230 attorneys.  Dustin has served on the board of directors of the KADC since 2005.

Dustin J. Denning Recognized by 2011 Kansas Super Lawyers (Rising Star) in the Area of Medical Malpractice Defense

Nov 03

Clark, Mize & Linville, Chartered, is pleased to announce that Dustin J. Denning has again been peer nominated and selected for inclusion in the 2011 Missouri and Kansas Super Lawyers as a Rising Star in the area of medical malpractice defense.  This is a listing for which lawyers do not and cannot pay for inclusion.  The Rising Star designation is awarded to no more than 2.5% of the eligible attorneys in the state of Kansas who are under the age of 40.  Dustin was previously selected for this designation in 2009 and 2010.

John W. Mize appointed to Kansas Health Care Stabilization Fund Board

Oct 17

John W. Mize has been appointed by Commissioner of Insurance Sandy Praeger to the Board of Governors of the Kansas Health Care Stabilization Fund.  The Fund administers Kansas professional medical liability claims in the range of $200,000 to $1,000,000 and has a goal of stabilizing professional liability insurance premiums for health care providers in the State of Kansas.

Two CM&L Attorneys Recognized by Best Lawyers in 2012

Sep 14

Clark, Mize & Linville, Chartered, is pleased to announce that Peter L. Peterson and John W. Mize have again been selected by their peers for inclusion in the 2012 edition of The Best Lawyers in America®.  Pete was selected in the area of Trusts and Estates.  John was selected in the area of Health Care Law.  Pete and John comprise a distinguished group of attorneys who have now been listed in Best Lawyers® for ten years or longer.  Best Lawyers is generally regarded as the definitive guide to legal excellence in the United States.

Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey (comprising more than 3.9 million confidential evaluations by fellow top attorneys).