- Energy & Natural Resources
- Business Litigation
- Consumer Fraud Litigation
- Higher Education
|Contact Info||Telephone: 816.983.8142|
|University ||University of Missouri - Columbia, B.A., magna cum laude, 1976; University of Missouri - Columbia, B.S., magna cum laude, 1977; Order of the Coif|
|Law School||University of Missouri - Columbia School of Law, J.D., cum laude, 1981; Missouri Law Review, Note and Comment Editor, 1980-1981|
|Admitted||1981, Missouri; 2002, Kansas; 1981, U.S. District Court, Western District of Missouri; 1983, U.S. Court of Appeals, Tenth Circuit; 1988, U.S. Court of Federal Claims; 1991, U.S. Court of Appeals, Federal Circuit; 1997, U.S. Court of Appeals, Eighth Circuit; 1998, U.S. District Court, District of Colorado; 2000, U.S. Tax Court; 2002, U.S. District Court, District of Kansas; 2013, U.S. District Court, Eastern District of Wisconsin|
Professional Associations and Memberships
Association of Private Sector Colleges and Universities (APSCU)
•Kansas Bar Association
•Kansas City Metropolitan Bar Association
•The Missouri Bar
Marty is an experienced trial lawyer who has handled cases in state and federal courts across the country throughout his career. He focuses his practice on business and commercial litigation and frequently represents clients from the energy industry and institutions of higher education. Marty specializes in complex litigation and has extensive experience defending consumer class action cases in a variety of industries. For instance, he has defended for-profit colleges against hundreds of cases and claims filed in multiple jurisdictions by former students alleging consumer fraud and seeking class action status.
Marty's recent work has included:
•Blocking class certification in a consumer fraud case against a major postsecondary education provider.
Securing favorable results for proprietary colleges in trials and arbitrations where students alleged consumer fraud.
Representing a major regional gasoline retailer and select as defendants' liaison counsel on behalf of more than 140 defendants in dozens of consumer class action lawsuits across multiple districts in Motor Fuel Temperature Sales Practices Litigation (MDL).
Awards and Recognitions
The Best Lawyers In America, Energy Law, 2009-2014; Kansas City Energy Law 'Lawyer of the Year,' 2014
•Kansas City Business Journal, Best of the Bar, 2008-2009
•Missouri & Kansas Super Lawyers, Business Litigation, 2005, 2008-2013
Defeated class certification in a major consumer fraud case against national postsecondary education provider in Madison County, Ill. Client was accused of violating the Illinois Consumer Fraud Act and the Private Business and Vocational Schools Act by not providing accurate information to prospective students over a period of seven years. Plaintiffs' demand to settle case was more than $20 million. State appeals court denied class certification.
•Managed all litigation nationwide for Aquila Inc., a Fortune 500 diversified energy and utility company, for 10 years.
•Represented major segment of natural gas pipeline industry, including several dozen separate companies, in nationwide class action lawsuit in southwest Kansas alleging under-measurement of volumes and British thermal unit (BTU) content. Ultimately defeated class certification and obtained dismissals for all clients.
•Prosecuted trial and appeal of a U.S. Tax Court case in excess of $20 million, resulting in finding for taxpayers on the proper method of depreciating natural gas gathering assets.
•Defense verdict in Richmond, Va., trial of $9 million claim for breach of contract in sale of natural gas, with associated package of derivative hedging agreements.
•On behalf of nationwide wholesale sub-prime mortgage banker, obtained defense award in $35 million arbitration in Orange County, Calif., for breach of confidentiality agreement and wrongful solicitation and hiring of employees.
•Five-week jury trial in Liberty, Mo., against former students of proprietary career college on consumer fraud claims, resulting in defense verdicts against four, dismissal of four others, and nominal verdict in favor of one. Plaintiffs' attorneys then sought more $3 million in attorneys' fees and were awarded nothing. All results were affirmed on appeal.
•Obtained defense award in St. Louis arbitration of student consumer fraud claim against proprietary college. Shortly thereafter obtained dismissal of similar arbitration the day before scheduled hearing. These outcomes led to favorable settlements of over a dozen additional arbitrations set for hearing over the following six week period.
•Represents for-profit university in federal False Claims Act litigation in Wisconsin alleging fraudulent receipt of Title IV funds.
•Prosecuted insurance coverage declaratory judgment lawsuit to set aside unreasonable $1 million consent judgment. Opinion of Missouri Supreme Court established new Missouri rule that settlements under Missouri Revised Statues Section 537.065 must be reasonable.
9.24.13 The Cubs & Compliance: Current Issues in Higher Education Law
Seminar Chicago, IL
4.19.13 Issues in Higher Education
Seminar Kansas City, MO
In The News
10.16.13 In Missouri, 76 Husch Blackwell Attorneys Named 2013 Super Lawyers & Rising Stars
8.16.13 Best Lawyers 2014 Names 109 from Husch Blackwell, 13 Lawyers of the Year
Healthcare, Life Sciences & Pharmaceuticals Real Estate, Development & Construction Financial Services Energy & Natural Resources News Release
10.15.12 A Combined 84 Husch Blackwell Attorneys are Named 2012 Super Lawyers and Rising Stars in Missouri and Nebraska
8.23.12 2013 Best Lawyers Includes 106 Husch Blackwell Attorneys in 56 Practice Areas and 7 States
10.19.11 Super Lawyers 2011 Names 71 Husch Blackwell Attorneys from Missouri and Nebraska; an Additional 15 Listed as Rising Stars
9.06.11 More Than 100 Husch Blackwell Attorneys Named to Best Lawyers 2012
10.13.10 Missouri & Kansas Super Lawyers 2010 Names 64 Husch Blackwell Attorneys; An Additional 20 Listed as Rising Stars
5.31.10 Missouri Lawyers Weekly, Defense Wins in Case Over Value of Tech Education News Coverage
10.22.09 Missouri & Kansas Super Lawyers 2009 Names 73 Husch Blackwell Sanders Attorneys
9.24.08 Husch Blackwell Sanders Attorneys Named Best of the Bar by Kansas City Business Journal
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