PRACTICE AREAS

Business Litigation

John R. Cleary has a broad range of experience in civil litigation and trial work in courts throughout the country. He has handled cases in state and federal courts in Missouri, Kansas, Illinois, Arkansas, New York, California, Florida and Oklahoma.

Mr. Cleary has represented clients in cases involving breach of contract, trademark and patent infringement, securities law violation, breach of fiduciary duty involving corporate officers and directors, product liability, employment law, quiet title and personal injury. He represents a number of national clients and his practice also includes appellate work.

DISTINCTIONS

Selected by his peers to be included on the 2003 "Best of the Best" list of lawyers practicing in the Greater Kansas City area.

COMMUNITY AND BAR INVOLVEMENT

Kansas City Missouri Bar Association

The Missouri Bar

NOTABLE EXPERIENCE

The CFO of a publicly-owned company against claims of fraud and misrepresentation brought by an international conglomerate in connection with the acquisition of the company. The lawsuit was filed in the United States District Court for the Southern District of New York. The case was transferred to the United States District Court for the District of Kansas upon John’s motion and the motions of other defendants. Depositions were taken throughout the United States and in Monte Carlo. The case was settled on a basis that was favorable to the CFO.

A publicly-owned company in a fraud and misrepresentation claim it brought against the CEO of an acquired company. The case was tried to a jury, who returned a verdict for his client.

A bank in a quiet title action involving real property located in Missouri. Mr. Cleary tried the case and the court entered a judgment for the bank.

A publicly-owned company in a trademark infringement case tried in the United States District Court for the Northern District of New York. The case was settled after the trial and after an appeal to the United States Court of Appeals, Second Circuit.

A publicly-owned company’s contract poultry farmer in a nuisance case brought to enjoin the company and the farmer from operating the farm. The case was tried. Judgment was for the defendant.

A publicly-owned company in a products liability case brought in a Missouri state court. Mr. Cleary retained and worked with a multitude of expert witnesses. Following a lengthy discovery period, the case settled, subject to confidentiality.

A defendant in a jury trial in a wrongful death case in the United States District Court for the Western District of Arkansas. The defendant admitted fault and the case was tried on damages only. The verdict returned by the jury was for an acceptable amount.

A company that operated a carnival. Mr. Cleary defended claims brought against the company charging that a young child was electrocuted while on one of the carnival rides and as a result had a permanent heart injury. The plaintiffs sought actual and punitive damages. The case was tried to a jury. Upon Mr. Cleary's motion, the court refused to allow punitive damages to be submitted to the jury. The jury returned a verdict for the plaintiffs in an amount that was acceptable to the defendant.

A client whose company was acquired by a publicly owned company. Mr. Cleary brought a breach of contract action in the United States District Court for the Western District of Missouri. The damages sought were significant. Mediation took place and the case settled.

The plaintiffs in a medical malpractice case in which the Mayo Clinic was the defendant. The case was filed in the United States District Court in St. Paul, Minnesota. There was a jury trial. The jury returned a verdict for the plaintiffs.

A number of defendants in a case filed in the United States District Court, District of Kansas, by the Wyandotte Nation Indian Tribe. The plaintiff is asking the court to certify a defendants’ class would consist of over 1,000 defendants. The plaintiff seeks a judgment that it, as a result of treaties with the United States in the 1800s, is the owner of a great amount of commercial, residential and governmental property in Wyandotte County, Kansas.

EDUCATION

J.D., University of Missouri-Kansas City School of Law, 1961

B.A., Political Science, University of Missouri-Kansas City, 1957

BAR ADMISSIONS

Missouri, 1961