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Terence (Terry) Thum focuses his practice on complex commercial litigation in state and federal courts and arbitration proceedings. He has wide-ranging experience with a variety of business disputes, including contract actions, wage and hour class actions, insurance coverage lawsuits, fraud and business torts, antitrust actions, professional malpractice, qui tam litigation, director and officer liability, and securities litigation. He has tried numerous cases to judgment in federal and state courts in Missouri and Kansas and in arbitration tribunals. Most recently, he obtained and collected a $28 million judgment on behalf of a Canadian supplier in a complex arbitration proceeding over the termination of a long-term supply contract in the aviation industry.

Mr. Thum has substantial appellate experience, having briefed and argued appeals in the United States Courts of Appeal and the Missouri Court of Appeals.

Mr. Thum also has broad experience litigating complex insurance coverage disputes on behalf of corporate policyholders. His insurance representations have included Sprint, H&R Block, George K. Baum & Co., and Burns & McDonnell.

Civic Involvement & Honors

    • Missouri/Kansas Super Lawyers, 2015-2017
    • Chancellor, St. Andrew’s Episcopal Church, 2015-17
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    • Chancellor, St. Andrew’s Episcopal Church, 2015-17
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Professional Affiliations

    • American Bar Association – Litigation and Antitrust Sections
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Lawyers Association of Kansas City – Former Director
Read More

Representative Experience

  • Represented Canadian supplier in arbitration proceeding against aircraft manufacturer over termination of long-term supply contract. Obtained and collected $28 million judgment entered in favor of client after a two-week trial and follow-on court proceedings to confirm arbitration award. Cessna Aircraft Co. v. Avcorp Industries, Inc., 943 F.Supp.2d 1191 (D. Kan. 2013).
  • Represented local school district in injunction action against State Board of Education after State Board denied provisional accreditation to client. Kansas City Public Schools v. Missouri State Board of Education, Circuit Court of Cole County, Missouri.
  • Represented investment firm in insurance coverage lawsuit against professional liability insurer after insurer denied coverage for antitrust class actions based on untimely notice. The Eighth Circuit affirmed summary judgment in favor of client. George K. Baum & Co. v. Twin City Ins. Co., 760 F.3d 795 (8th Cir. 2014).
  • Represented large beef processor in appeal of judgment entered after rare jury trial of wage-hour class and collective action brought by over 7,000 employees who alleged that they were undercompensated for time spent donning and doffing protective gear. Garcia v. Tyson Foods, Inc., 770 F.3d 1300 (10th Cir. 2014).
  • Defended local health insurer in four antitrust class actions filed by local physicians and medical groups in Missouri and Kansas state courts, alleging price fixing and monopolization in the establishment of physician reimbursement rates. Obtained the dismissal of all four suits on favorable terms after successfully enforcing arbitration provisions contained in physician provider agreements. Kansas City Urology Care, PA v. United Healthcare Services, 261 S.W.3d 7 (Mo. App. 2008)(en banc).
  • Represented world’s largest tax services provider in complex insurance coverage action filed against its professional liability excess insurers after they denied coverage for consumer class actions challenging refund anticipation loans. H&R Block, Inc. v. American Intern. Specialty Lines Ins. Co., 546 F.3d 937 (8th Cir. 2008).
  • Represented Lloyd’s insurance syndicates in declaratory judgment action involving substantial consequential loss on marine cargo policy obtained for power plant construction project. Assicurazioni Generali S.P.A. v. Black & Veatch Corp., 362 F.3d 1108 (8th Cir. 2004).
  • Represented former shareholders of automobile conveyor company in lawsuit filed against  buyer of company after buyer refused to release last $5 million of purchase price held in escrow on grounds that shareholders had breached stock purchase agreement. After seven day trial, jury returned special verdict in favor of clients on all issues, which led to release of $5.9 million in escrowed funds to clients. Hoehn v. Columbus McKinnon Corp., U.S. District Court, Western District of Missouri.
  • Represented local gas pipeline company as plaintiff in complex antitrust lawsuit arising out of defendant’s refusal to grant interconnect to its interstate pipeline system required for client’s pipeline expansion. After  depositions of 70 witnesses and production of over one million pages of documents, client obtained substantial confidential settlement. Riverside Pipeline Co. v. Panhandle Eastern Pipeline Co., U.S. District Court, Western District of Missouri.
  • Represented supermarket chain as plaintiff in complex adversary proceeding on claims of fraud arising out of $143 million sale of national grocer’s Kansas City division in a leveraged buyout. Participated in over 90 depositions and was lead counsel in four week trial. Food Barn Stores, Inc. v. Safeway, Inc., U.S. Bankruptcy Court, Western District of Missouri.
  • Defended large engineering firm in qui tam action brought under False Claims Act arising out of $30 million contract for construction of plating shop for U.S. Navy. Obtained summary judgment for client on all claims. United States ex rel. Burns and Richter v. Burns & McDonnell Engineering Co., U.S. District Court, Western District of Kentucky.
  • Defended accounting firm against claims of professional negligence in connection with audit services provided to nursing home operator. Before any discovery was taken, trial court granted client’s motion for judgment on the pleadings, which was upheld on appeal. Grove v. Sutliffe, 916 S.W.2d 825 (Mo. App. 1995).
  • Represented minority shareholder and former president of telecommunications company in lawsuit for breach of put agreement brought against majority shareholder. After two-week jury trial, jury returned verdict of $6.3 million in favor of client. Barnard v. Kansas City Southern Industries, Inc., Circuit Court of Jackson County, Missouri.
  • Represented grocery chain in action for breach of contract arising out of client’s purchase of assets of national grocer’s Kansas City division. The contract provided that client would be entitled to reduction in purchase price if audit showed historical earnings to have been overstated by more than 5%. Obtained $5 million settlement for client after developing evidence in discovery that audit was manipulated to avoid price reduction. Food Barn Stores, Inc. v. Safeway, Inc., Circuit Court of Jackson County, Missouri.
  • Represented utility’s pension plan in jury trial on ERISA claim against plan’s investment advisor, which had not executed instructions to liquidate portion of plan’s stock portfolio just prior to October 1987 market crash. Utilicorp United Inc. for the Benefit of Utilicorp United Inc. Employee Ben. Plans Master Trust v. Kemper Financial Services, Inc., 741 F. Supp. 1363 (W.D. Mo. 1989).
  • Defended local attorney in professional malpractice action brought by former client. Successfully petitioned Missouri Court of Appeals for writ of prohibition after trial court denied client’s motion to dismiss. State ex rel. Willens v. Gray, 757 S.W.2d 656 (Mo. App. 1988).
  • Represented owner of hotel property in appeal from $1.5 million jury verdict obtained in damages-only case arising out of Hyatt skywalks collapse. Missouri Court of Appeals overturned jury verdict and remanded for new trial. Wintz v. Hyatt Hotel Corp., 687 S.W.2d 587 (Mo. App. 1985).
  • Defended national candy manufacturer against antitrust action brought by Federal Trade Commission alleging that client had violated Sherman Act by having announced policy of not dealing with retailers who sold client’s products below suggested retail price. Handled briefing of successful appeal to Eighth Circuit, which overturned FTC’s adverse ruling. Russell Stover Candy Co. v. Federal Trade Commission, 718 F.2d 256 (8th Cir. 1983).
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Terence (Terry) Thum has handled a variety of complex business litigation, including insurance coverage cases, antitrust claims, fraud and business torts, contract actions, qui tam litigation, employment claims, majority-minority shareholder disputes, professional malpractice, directors’ and officers’ liability and federal securities litigation. Mr. Thum has broad experience in insurance coverage matters, including claims involving the following coverages: commercial general liability, directors and officers, errors and omissions, crime, marine cargo, life and property.

Select Representations

Mr. Thum’s recent insurance coverage representations have included the following:

  • Representing a Fortune 500 company in an action brought in federal district court in Kansas City, Mo., against several excess insurers seeking coverage under errors & omissions policies for over $20 million in defense costs and settlements paid in multiple class action suits
  • Representing London insurance syndicates in a declaratory judgment action brought in federal district court in Kansas City, Mo., involving a substantial consequential loss claim on a marine cargo/consequential loss policy obtained for a power plant construction project
  • Representing a liability insurer in a complex declaratory judgment action in federal district court in Wichita, Kan., brought both by the insureds and by dozens of holders of judgments against such insureds, seeking coverage under an insurance agents errors & omissions policy for losses incurred in a Ponzi scheme
  • Representing a liability insurer in a declaratory judgment action brought in federal district court in Kansas City, Mo., involving substantial claims brought by numerous judgment holders and claimants against the insured for coverage under commercial general liability policies for losses from allegedly defective radiant heating systems
  • Representing a regional remanufacturing company in a lawsuit against its insurer in federal district court in Kansas City, Mo., seeking coverage under an employee dishonesty form on the basis that a former employee had accepted kickbacks from suppliers in exchange for the purchase of obsolete parts
  • Representing former officers and directors of a bankrupt biotechnology company in an arbitration initiated in Chicago against the D&O carrier after it denied coverage of claims of breach of fiduciary duty associated with the alleged sale of a medical sterilizer without FDA approval

Bar and Court Admissions

Missouri, 1982

United States Courts of Appeal for the Eighth and Tenth Circuits

United States District Courts for the Western District of Missouri and District of Kansas

Education

University of Virginia, J.D., 1982

University of Kansas, B.A., with distinction, 1978

Professional Affiliations

  • American Bar Association – Litigation and Antitrust Sections
  • Kansas City Metropolitan Bar Association
  • Lawyers Association of Kansas City – Former Director

Civic Involvement and Honors

  • The Kansas City Club – President, 2003

Civic Involvement & Honors

    • The Kansas City Club – President, 2003
Read More

Professional Affiliations

    • American Bar Association – Litigation and Antitrust Sections
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Lawyers Association of Kansas City – Former Director
Read More

Representative Experience

  • Represented Canadian supplier in arbitration proceeding against aircraft manufacturer over termination of long-term supply contract. Obtained and collected $28 million judgment entered in favor of client after a two-week trial and follow-on court proceedings to confirm arbitration award. Cessna Aircraft Co. v. Avcorp Industries, Inc., 943 F.Supp.2d 1191 (D. Kan. 2013).
  • Represented local school district in injunction action against State Board of Education after State Board denied provisional accreditation to client. Kansas City Public Schools v. Missouri State Board of Education, Circuit Court of Cole County, Missouri.
  • Represented investment firm in insurance coverage lawsuit against professional liability insurer after insurer denied coverage for antitrust class actions based on untimely notice. The Eighth Circuit affirmed summary judgment in favor of client. George K. Baum & Co. v. Twin City Ins. Co., 760 F.3d 795 (8th Cir. 2014).
  • Represented large beef processor in appeal of judgment entered after rare jury trial of wage-hour class and collective action brought by over 7,000 employees who alleged that they were undercompensated for time spent donning and doffing protective gear. Garcia v. Tyson Foods, Inc., 2014 WL 4068351 (10th Cir. 2014).
  • Defended local health insurer in four antitrust class actions filed by local physicians and medical groups in Missouri and Kansas state courts, alleging price fixing and monopolization in the establishment of physician reimbursement rates. Obtained the dismissal of all four suits on favorable terms after successfully enforcing arbitration provisions contained in physician provider agreements. Kansas City Urology Care, PA v. United Healthcare Services, 261 S.W.3d 7 (Mo. App. 2008)(en banc).
  • Represented world’s largest tax services provider in complex insurance coverage action filed against its professional liability excess insurers after they denied coverage for consumer class actions challenging refund anticipation loans. H&R Block, Inc. v. American Intern. Specialty Lines Ins. Co., 546 F.3d 937 (8th Cir. 2008).
  • Represented Lloyd’s insurance syndicates in declaratory judgment action involving substantial consequential loss on marine cargo policy obtained for power plant construction project. Assicurazioni Generali S.P.A. v. Black & Veatch Corp., 362 F.3d 1108 (8th Cir. 2004).
  • Represented former shareholders of automobile conveyor company in lawsuit filed against  buyer of company after buyer refused to release last $5 million of purchase price held in escrow on grounds that shareholders had breached stock purchase agreement. After seven day trial, jury returned special verdict in favor of clients on all issues, which led to release of $5.9 million in escrowed funds to clients. Hoehn v. Columbus McKinnon Corp., U.S. District Court, Western District of Missouri.
  • Represented local gas pipeline company as plaintiff in complex antitrust lawsuit arising out of defendant’s refusal to grant interconnect to its interstate pipeline system required for client’s pipeline expansion. After  depositions of 70 witnesses and production of over one million pages of documents, client obtained substantial confidential settlement. Riverside Pipeline Co. v. Panhandle Eastern Pipeline Co., U.S. District Court, Western District of Missouri.
  • Represented supermarket chain as plaintiff in complex adversary proceeding on claims of fraud arising out of $143 million sale of national grocer’s Kansas City division in a leveraged buyout. Participated in over 90 depositions and was lead counsel in four week trial. Food Barn Stores, Inc. v. Safeway, Inc., U.S. Bankruptcy Court, Western District of Missouri.
  • Defended large engineering firm in qui tam action brought under False Claims Act arising out of $30 million contract for construction of plating shop for U.S. Navy. Obtained summary judgment for client on all claims. United States ex rel. Burns and Richter v. Burns & McDonnell Engineering Co., U.S. District Court, Western District of Kentucky.
  • Defended accounting firm against claims of professional negligence in connection with audit services provided to nursing home operator. Before any discovery was taken, trial court granted client’s motion for judgment on the pleadings, which was upheld on appeal. Grove v. Sutliffe, 916 S.W.2d 825 (Mo. App. 1995).
  • Represented minority shareholder and former president of telecommunications company in lawsuit for breach of put agreement brought against majority shareholder. After two-week jury trial, jury returned verdict of $6.3 million in favor of client. Barnard v. Kansas City Southern Industries, Inc., Circuit Court of Jackson County, Missouri.
  • Represented grocery chain in action for breach of contract arising out of client’s purchase of assets of national grocer’s Kansas City division. The contract provided that client would be entitled to reduction in purchase price if audit showed historical earnings to have been overstated by more than 5%. Obtained $5 million settlement for client after developing evidence in discovery that audit was manipulated to avoid price reduction. Food Barn Stores, Inc. v. Safeway, Inc., Circuit Court of Jackson County, Missouri.
  • Represented utility’s pension plan in jury trial on ERISA claim against plan’s investment advisor, which had not executed instructions to liquidate portion of plan’s stock portfolio just prior to October 1987 market crash. Utilicorp United Inc. for the Benefit of Utilicorp United Inc. Employee Ben. Plans Master Trust v. Kemper Financial Services, Inc., 741 F. Supp. 1363 (W.D. Mo. 1989).
  • Defended local attorney in professional malpractice action brought by former client. Successfully petitioned Missouri Court of Appeals for writ of prohibition after trial court denied client’s motion to dismiss. State ex rel. Willens v. Gray, 757 S.W.2d 656 (Mo. App. 1988).
  • Represented owner of hotel property in appeal from $1.5 million jury verdict obtained in damages-only case arising out of Hyatt skywalks collapse. Missouri Court of Appeals overturned jury verdict and remanded for new trial. Wintz v. Hyatt Hotel Corp., 687 S.W.2d 587 (Mo. App. 1985).
  • Defended national candy manufacturer against antitrust action brought by Federal Trade Commission alleging that client had violated Sherman Act by having announced policy of not dealing with retailers who sold client’s products below suggested retail price. Handled briefing of successful appeal to Eighth Circuit, which overturned FTC’s adverse ruling. Russell Stover Candy Co. v. Federal Trade Commission, 718 F.2d 256 (8th Cir. 1983).
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Terence (Terry) Thum has handled a variety of complex business litigation, including insurance coverage cases, antitrust claims, fraud and business torts, contract actions, qui tam litigation, employment claims, majority-minority shareholder disputes, professional malpractice, directors’ and officers’ liability and federal securities litigation. Mr. Thum has broad experience in insurance coverage matters, including claims involving the following coverages: commercial general liability, directors and officers, errors and omissions, crime, marine cargo, life and property.

Select Representations

Mr. Thum’s recent insurance coverage representations have included the following:

  • Representing a Fortune 500 company in an action brought in federal district court in Kansas City, Mo., against several excess insurers seeking coverage under errors & omissions policies for over $20 million in defense costs and settlements paid in multiple class action suits
  • Representing a Fortune 100 company in an action against primary and excess insurers seeking coverage under CGL policies for class settlements of trespass claims
  • Representing secured lenders in an action against an excess D&O insurer to enforce a $7.2 million judgment obtained against former officers and directors of a bankrupt retailer
  • Representing a regional remanufacturing company in a lawsuit against its insurer in federal district court seeking coverage under an employee dishonesty form on the basis that a former employee had accepted kickbacks from suppliers in exchange for the purchase of obsolete parts
  • Representing former officers and directors of a bankrupt biotechnology company in an arbitration initiated against the D&O carrier after it denied coverage of claims of breach of fiduciary duty associated with the alleged sale of a medical sterilizer without FDA approval

Bar and Court Admissions

Missouri, 1982

United States Courts of Appeal for the Eighth and Tenth Circuits

United States District Courts for the Western District of Missouri and District of Kansas

Education

University of Virginia, J.D., 1982

University of Kansas, B.A., with distinction, 1978

Professional Affiliations

  • American Bar Association – Litigation and Antitrust Sections
  • Kansas City Metropolitan Bar Association
  • Lawyers Association of Kansas City – Former Director

Civic Involvement and Honors

  • The Kansas City Club – President, 2003

Civic Involvement & Honors

    • The Kansas City Club – President, 2003
Read More

Professional Affiliations

    • American Bar Association – Litigation and Antitrust Sections
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Kansas City Metropolitan Bar Association
    • Lawyers Association of Kansas City – Former Director
    • Lawyers Association of Kansas City – Former Director
Read More

Representative Experience

  • Represented Canadian supplier in arbitration proceeding against aircraft manufacturer over termination of long-term supply contract. Obtained and collected $28 million judgment entered in favor of client after a two-week trial and follow-on court proceedings to confirm arbitration award. Cessna Aircraft Co. v. Avcorp Industries, Inc., 943 F.Supp.2d 1191 (D. Kan. 2013).
  • Represented local school district in injunction action against State Board of Education after State Board denied provisional accreditation to client. Kansas City Public Schools v. Missouri State Board of Education, Circuit Court of Cole County, Missouri.
  • Represented investment firm in insurance coverage lawsuit against professional liability insurer after insurer denied coverage for antitrust class actions based on untimely notice. The Eighth Circuit affirmed summary judgment in favor of client. George K. Baum & Company v. Twin City Insurance Co., 2014 WL 3684410 (8th Cir. 2014).
  • Represented large beef processor in appeal of judgment entered after rare jury trial of wage-hour class and collective action brought by over 7,000 employees who alleged that they were undercompensated for time spent donning and doffing protective gear. Garcia v. Tyson Foods, Inc., 2014 WL 4068351 (10th Cir. 2014).
  • Defended local health insurer in four antitrust class actions filed by local physicians and medical groups in Missouri and Kansas state courts, alleging price fixing and monopolization in the establishment of physician reimbursement rates. Obtained the dismissal of all four suits on favorable terms after successfully enforcing arbitration provisions contained in physician provider agreements. Kansas City Urology Care, PA v. United Healthcare Services, 261 S.W.3d 7 (Mo. App. 2008)(en banc).
  • Represented world’s largest tax services provider in complex insurance coverage action filed against its professional liability excess insurers after they denied coverage for consumer class actions challenging refund anticipation loans. H&R Block, Inc. v. American Intern. Specialty Lines Ins. Co., 546 F.3d 937 (8th Cir. 2008).
  • Represented Lloyd’s insurance syndicates in declaratory judgment action involving substantial consequential loss on marine cargo policy obtained for power plant construction project. Assicurazioni Generali S.P.A. v. Black & Veatch Corp., 362 F.3d 1108 (8th Cir. 2004).
  • Represented former shareholders of automobile conveyor company in lawsuit filed against  buyer of company after buyer refused to release last $5 million of purchase price held in escrow on grounds that shareholders had breached stock purchase agreement. After seven day trial, jury returned special verdict in favor of clients on all issues, which led to release of $5.9 million in escrowed funds to clients. Hoehn v. Columbus McKinnon Corp., U.S. District Court, Western District of Missouri.
  • Represented local gas pipeline company as plaintiff in complex antitrust lawsuit arising out of defendant’s refusal to grant interconnect to its interstate pipeline system required for client’s pipeline expansion. After  depositions of 70 witnesses and production of over one million pages of documents, client obtained substantial confidential settlement. Riverside Pipeline Co. v. Panhandle Eastern Pipeline Co., U.S. District Court, Western District of Missouri.
  • Represented supermarket chain as plaintiff in complex adversary proceeding on claims of fraud arising out of $143 million sale of national grocer’s Kansas City division in a leveraged buyout. Participated in over 90 depositions and was lead counsel in four week trial. Food Barn Stores, Inc. v. Safeway, Inc., U.S. Bankruptcy Court, Western District of Missouri.
  • Defended large engineering firm in qui tam action brought under False Claims Act arising out of $30 million contract for construction of plating shop for U.S. Navy. Obtained summary judgment for client on all claims. United States ex rel. Burns and Richter v. Burns & McDonnell Engineering Co., U.S. District Court, Western District of Kentucky.
  • Defended accounting firm against claims of professional negligence in connection with audit services provided to nursing home operator. Before any discovery was taken, trial court granted client’s motion for judgment on the pleadings, which was upheld on appeal. Grove v. Sutliffe, 916 S.W.2d 825 (Mo. App. 1995).
  • Represented minority shareholder and former president of telecommunications company in lawsuit for breach of put agreement brought against majority shareholder. After two-week jury trial, jury returned verdict of $6.3 million in favor of client. Barnard v. Kansas City Southern Industries, Inc., Circuit Court of Jackson County, Missouri.
  • Represented grocery chain in action for breach of contract arising out of client’s purchase of assets of national grocer’s Kansas City division. The contract provided that client would be entitled to reduction in purchase price if audit showed historical earnings to have been overstated by more than 5%. Obtained $5 million settlement for client after developing evidence in discovery that audit was manipulated to avoid price reduction. Food Barn Stores, Inc. v. Safeway, Inc., Circuit Court of Jackson County, Missouri.
  • Represented utility’s pension plan in jury trial on ERISA claim against plan’s investment advisor, which had not executed instructions to liquidate portion of plan’s stock portfolio just prior to October 1987 market crash. Utilicorp United Inc. for the Benefit of Utilicorp United Inc. Employee Ben. Plans Master Trust v. Kemper Financial Services, Inc., 741 F. Supp. 1363 (W.D. Mo. 1989).
  • Defended local attorney in professional malpractice action brought by former client. Successfully petitioned Missouri Court of Appeals for writ of prohibition after trial court denied client’s motion to dismiss. State ex rel. Willens v. Gray, 757 S.W.2d 656 (Mo. App. 1988).
  • Represented owner of hotel property in appeal from $1.5 million jury verdict obtained in damages-only case arising out of Hyatt skywalks collapse. Missouri Court of Appeals overturned jury verdict and remanded for new trial. Wintz v. Hyatt Hotel Corp., 687 S.W.2d 587 (Mo. App. 1985).
  • Defended national candy manufacturer against antitrust action brought by Federal Trade Commission alleging that client had violated Sherman Act by having announced policy of not dealing with retailers who sold client’s products below suggested retail price. Handled briefing of successful appeal to Eighth Circuit, which overturned FTC’s adverse ruling. Russell Stover Candy Co. v. Federal Trade Commission, 718 F.2d 256 (8th Cir. 1983).