Crimmins Law Firm LLC

Attorney at Law

The Crimmins Law Firm has represented a wide array of clients from individuals to businesses in a variety of litigation matters.  These matters range from basic contract disputes to complex commercial litigation, as well as the gamut of disputes arising out the employment relationship. At the Crimmins Law Firm we have helped clients on cases involving:


- Business Disputes

- Unpaid Wages

- Non-Compete Agreements

- Employment Relationships 

- Class and Collective Actions.

                              

 

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REPRESENTATIVE CASES*

 

Manning et al v. PIA Assets, LLC: Ginnie represented minority shareholders in litigation for breach of contract, and fiduciary duty against PIA Assets LLC, Neal L. Patterson and Clifford W. Illig. PIA Assets owns and manages The National Golf Club of Kansas City, The National II (Deuce) Golf Club, Parkville Commons shopping district and the Loch Lloyd Country Club. Mr. Patterson and Mr. Illig serve as two of the three Managing Members of PIA Assets. The lawsuit alleged that PIA Assets failed to meet its obligations to pay plaintiffs under the parties' Operating Agreement. Plaintiffs further alleged that defendants Patterson and Illig breached their fiduciary duties by refusing to pay plaintiffs from available gross cash proceeds as they promised and were obligated to under the Operating Agreement. In February 2012, a confidential settlement was reached in Manning et al. v. PIA Assets, LLC et al., Case No. 10AE-CV-04468 (Circuit Court of Platte County, Missouri).

 

 

American Family Mutual Insurance Company v. Countrywide Home Loans, Inc., et al.,: Ginnie successfully defended Countrywide at trial in Missouri State Court against claims that included a fraud claim seeking punitive damages. Judgment was rendered in favor of Countrywide on all claims.

 

 

Truck Insurance Exchange v. Prairie Framing, et. al., (bad faith insurance disputes): In Truck Insurance Exchange, Ginnie represented Prairie Framing on appeal and defended the trial court's summary judgment ruling that found Prairie Framing's insurance company breached its duty to defend and indemnify Prairie Framing in an underlying wrongful death action and found that the insurance company was liable for acting in bad faith when refusing to settle the claims against Prairie Framing. The Missouri Court of Appeals for the Western District of Missouri, affirmed in part and denied in part, the trial court's decision. The Court of Appeals affirmed the summary judgment ruling finding that the insurance company breached its duties to defend and indemnify but remanded the case for a factual determination on the claim of bad faith refusal to settle. The parties ultimately settled the case.

 

 

Heartland Spine & Specialty Hospital v. HCA Midwest Division, et. al., (antitrust litigation): Ginnie played a key role in discovery on this case, including extensively reviewing and analyzing thousands of pages of document discovery, taking the depositions of several of Defendants' witnesses and defending Heartland's employees at depositions during the discovery phase of the case. After hard-fought litigation, this case ultimately settled in 2008.

 

 

In re Bank of America Employment Practices Litigation, MDL No. 2138: While at Stueve Siegel Hanson, Ginnie had the opportunity to serve as co-lead counsel of this nationwide multi-district litigation. In this case, the JPML consolidated more than 30 different cases across the country brought by retail banking center and call center employees seeking recovery of unpaid overtime wages. On September 27, 2012 the Court certified the case as an FLSA collective action of more than 175,000 retail banking center employees employed by the Bank.

 

 

Loan Originator and Loan Processor Misclassification Cases: Ginnie has represented thousands of loan originators and loan processors against their employers to recover unpaid minimum and overtime wages. Examples of these cases, include Archer v. National Bank of Kansas CityCarson v. Bank of Blue Valley, Davis v. Novastar, Gieseke v. First Horizon Home Loan Corporation, Perry v. National City, Hernandez v. Texas Capital Bank and West v. First Franklin.

 

In Davis v. NovaStar, the Court certified a Fair Labor Standards Act collective action against NovaStar Mortgage Company. The case was filed in the Western District of Missouri and included class members throughout the United States. See 408 F.Supp.2d 811 (W.D. Mo. 2006). Ultimately, a court-approved settlement was reached in 2006.

 

 

In Gieseke v. First Horizon Home Loan Corporation, loan originator plaintiffs filed an FLSA collective action case against First Horizon alleging that First Horizon failed to pay them minimum and overtime wages. The United States District Court for the District of Kansas conditionally certified the case as a collective action; class members extended throughout the United States. See 408 F.Supp.2d 1164 (D.Kan. 2006). A court-approved settlement was reached in 2008.

 

 

In Perry v. National City, the United States District Court for the Southern District of Illinois conditionally certified an FLSA collective action case on behalf of approximately 4,500 loan originators employed by National City. See 2007 WL 1810472 (S.D. Il. 2007). A court-approved settlement was reached in 2008. After significant discovery and extensive summary judgment briefing, the parties reached a Court-approved class settlement in the amount of $27.5 million.

 

 

Off-the-Clock Cases: Ginnie has represented hundreds of workers against their employers where the employees have been required to perform pre- and post-shift activities without pay. Examples of these cases, include Peters v. United Health, Schreiber v. Bank of America, N.A., and Stull v. Kraft Foods, Inc.

 

 

Independent Contractor Cases: Ginnie has also represented individuals who were improperly classified as 1099 contractors, instead of employees and denied overtime benefits.

 

 

 

* Past Results Do Not Guarantee Future Outcomes