McAnany , J. : Mark R. Schneider appeals the district court's decision affirming the Kansas Securities Commissioner's order finding that he engaged in a "`dishonest or unethical'" practice in the investment advisory business in violation of the Kansas Uniform Securities Act, K.S.A. 17-12a101 et seq., by selecting an investment for his client that he had no reasonable grounds to believe was suitable. Schneider contends: (1) the district court and the Commissioner erroneously adopted and...
Affirmed.
Bruns , J. : The State appeals from the district court's decision dismissing 56 counts in each of two 61-count criminal complaints filed against David G. Lundberg and Michael W. Elzufon. The complaints alleged that Lundberg and Elzufon had violated the Kansas Uniform Securities Act, K.S.A. 17-12a101 et seq. Specifically, the complaints asserted that Lundberg and Elzufon unlawfully sold — or offered to sell — unregistered securities and committed securities fraud. The district court...
Standridge , J. : The question presented on appeal is whether the applicable statute of limitations precludes James W. Falen, in his capacity as Sole Trustee of The James W. Falen Living Trust U/A dated April 30, 2007; Julie D. Falen; Gregory A. Falen; and Maryl M. Wesolowski (the Falens) from pursuing claims of negligence, breach of implied contract, and breach of fiduciary duty against Rice County Abstract & Title Company, Inc. (RCAT). The district court answered this question in the...
Arnold-Burger , J. : T.H. and C.C., individually, and R.N.C., by and through her next friend and natural mother, T.H., (Parents) brought suit against Dr. Francesca Perez-Marques and the University of Kansas Hospital Authority (KU) alleging that Perez-Marques committed malpractice when she misdiagnosed that 9-month-old R.N.C. had been sexually abused. The district court dismissed the action, finding that both parties were immune from suit under K.S.A. 2015 Supp. 38-2223(f) which protects...
