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				Kreamer
				
				James Scott
Commercial litigator

James Scott Kreamer

Managing Member in Kansas City

Scott Kreamer is a trial attorney. Scott has tried a wide variety of cases including commercial, construction, financial services, insurance, and products liability. He has also served as national counsel for clients in the areas of toxic tort litigation and financial services.

Scott is the firm's Managing Member. He has been an active member of various bar organizations over the course of his career. Scott recently completed his terms as Chairman of the Board and President of the Federation of Defense & Corporate Counsel (FDCC), an invitation-only organization consisting of accomplished defense attorneys, corporate counsel, and insurance industry executives who have achieved professional distinction during their careers. He currently serves on the Board of Directors of Lawyers for Civil Justice (LCJ), a coalition of defense bar organizations, law firms, and corporations committed to reform in the civil justice system.

In light of his experience, Scott is frequently called upon to author papers and deliver lectures at conferences across the country. He is admitted to practice in Kansas, Missouri, and Nebraska. 

Admissions

  • Kansas
  • Missouri
  • Nebraska
  • USDC, Eastern District of Missouri
  • USDC, Western District of Missouri
  • USDC, District of Kansas
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • Supreme Court of the United States

Education

  • University of Kansas School of Law, J.D., 1989
  • University of Iowa, B.B.A., 1986

Memberships & Activities

  • American Bar Association
    • Fidelity and Surety Sub-Committee
    • Section of the Torts and Insurance Practice Section
    • Tort and Insurance Practice Committee
    • Litigation Section
  • Association of Defense Trial Attorneys
  • Claims & Litigation Management Alliance
  • Defense Research Institute
    • Board of Directors
  • Federation of Defense and Corporate Counsel
    • Past Chairman of the Board
    • Past President
    • Past President-Elect
    • Past Secretary-Treasurer
    • Past Senior Director
    • Past Executive Committee Member
    • Past Website Director
    • Past Dean of Litigation Management College
  • Greater Kansas City Chamber of Commerce
  • Kansas Bar Association
  • Kansas City Metropolitan Bar Association
  • Lawyers for Civil Justice
    •  Board of Directors and Executive Committee
  • Missouri Bar Association
    •  Kansas City Representative to YLS Council (1993-1999)
  • Missouri Organization of Defense Lawyers
  • Mortgage Bankers Association
  • National Bond Claims Association
  • National Foundation for Judicial Excellence

Awards & Recognition

  • Chambers USA, Kansas City & Surrounds
    • General Commercial Litigation, 2022
  • The Best Lawyers in America®, Kansas City Metropolitan Area
    •  Construction Litigation, 2013 to present
  • Missouri & Kansas Super Lawyers®, 2006-2009, 2013-present
  • Martindale-Hubbell AV® Preeminent Peer Review Rated
  • Missouri Lawyers Media Business Defense Attorneys POWER LIST, 2021 and 2022
  • Missouri Lawyers Media Law Firm Leader Award, 2019
  • The Business Journal Law Influencers List, 2019
  • FDCC Joseph R. Olshan Award, 2011
  • Missouri Lawyers Media Top Jury Verdicts, 2010

Publications

  • Co-author: "The Principal's Subcontractors: Payment Bond Issues and Ratification Agreements," American Bar Association, Tort Trial & Insurance Practice Section, Fidelity and Surety Law Committee (May 2016).

Presentations

  • Speaker: "The Principal's Subcontractors: Payment Bond Issues and Ratification Agreements," American Bar Association, TIPS Section Spring CLE Conference (May 2016) - Atlanta, GA.

News & Events

Cases

  • RECENT TRIALS OF NOTE
  • Hall et al. v. NW Fertilizer, Inc.
    Holt County, MO (2013)
    Obtained jury verdict in favor of our client, Northwest Fertilizer, Inc. after a week trial. The case involved a misapplication of a herbicide on corn crops that damaged a portion of plaintiffs’ corn.
  • Unified School District No. 228 v. Old Republic Surety Company, et al.
    Hodgeman County, KS (2013)
    Successfully defended Old Republic Surety, Inc. in a five-day jury trial involving a breach of contract regarding the construction of running track at a local high school. At the close of plaintiff's evidence, the District Court granted Old Republic's motion for directed verdict and entered judgment in favor of Old Republic.
  • Fischer Quarries v. Western Surety Company, et al.
    Carroll County, MO (2012)
    Following a bench trial in Ray County, Missouri, BSCR received a judgment in favor of our client, Western Surety. The claim involved a contractual dispute arising out of an indemnity agreement. The Court awarded our client the full amount requested, which included all attorney’s fees and costs.
  • Schupp v. Western Surety, et al.
    Pettis County, MO (2011)
    Successfully defended claim against surety bond.
  • The Weitz Company v. MacKenzie House, LLC, et al
    U.S.D.C. MO (2010)
    Unanimous defense verdict and award of $5 million on a counterclaim in a three-week jury trial involving a commercial dispute.
  • America's Mortgage Banc, Inc. v. XEZ, Inc., et al.
    Circuit Court of Cook County, IL (2009)
    Successfully represented mortgage company in jury trial seeking recovery of money lost arising out of fraudulent loans.
  • The Weitz Company v. MH Washington, LLC, et al.
    U.S.D.C. MO (2008)
    Successfully defended three-week jury trial involving a commercial dispute over condominium development.
  • Walton Construction Company v. First National Insurance Company of America, et al.
    Kansas City, MO (2005)
    Obtained a defense verdict from a panel of three arbitrators in a four-week arbitration involving construction project and claim of $15 million.
  • 103 Investors v. Square D Company, et al.
    U.S.D.C. KS (2005)
    Obtained directed verdict in a one-week jury trial involving a design defect claim of electrical equipment.
  • NewCap Insurance  Co. v. Employers Reinsurance Corp.
    U.S.D.C. KS (2004)
    Successfully represented NewCap in a jury trial for recovery of $15 million in reinsurance proceeds.
  • Saxon Mortgage, Inc, v. Mortgage Plus, Inc.
    U.S.D.C. KS (2001)
    Obtained defense verdict in trial involving mortgage loans.
  • City of Leon, KS v. Faciligroup, et al.
    District Court of Lyon County, KS (1998)
    Obtained defense verdict in trial involving construction of wastewater treatment facility.
  • Mack Excavating, Inc. v. City of Topeka
    U.S. Bankruptcy Ct., KS (1997)
    Represented contractor in trial regarding construction project.
  • RECENT APPELLATE COURT ARGUMENTS
  • The Weitz Company v. MacKenzie House, LLC, et al.
    Eighth Circuit Court of Appeals (2011)
    Affirming jury verdict in commercial case.
  • The Weitz Company v. MH Washington, LLC, et al.
    Eighth Circuit Court of Appeals (2009)
    Application of piercing the corporate veil doctrine.
  • 103 Investors v. Square D Company, et al.
    Tenth Circuit Court of Appeals (2004)
    Application of Daubert to striking expert witness.
  • Reeves v. Sunflower Dodge, Inc.
    KS Court of Appeals (1998)
    Application of Kansas Consumer Protection Act.
  • Freight Rate Service Company v. Phil Williams et al.
    KS Court of Appeals (1998)
    Damages recoverable under breach of contract.
  • Prestress Engineering v. Mechanical & Industrial Fasteners, Inc.
    Illinois Court of Appeals
    Application of economic loss doctrine.

Results

Dismissal Obtained for Surety Client in Bond Claim

Baker Sterchi has obtained dismissal of client Old Republic Surety in a case involving a claim on a public official bond pending in the United States District Court for the Eastern District of Missouri, Northern Division. . .

Jury Verdict Obtained for Client in Crop Damage Case

BSCR obtained a jury verdict in favor of our client, Northwest Fertilizer, Inc. after a week-long trial. The case involved a misapplication of an herbicide on corn crops that damaged a portion of plaintiffs' corn crop. Plaintiffs claimed that damage from the herbicide was widespread throughout a substantial portion of the farm while Northwest Fertilizer claimed the damage was isolated and any remaining damage was the result of other causes for which it was not responsible. . .

Judgment Obtained for Client in Contractual Dispute

BSCR received a judgment in favor of our client, Western Surety, following a bench trial in Ray County, Missouri. The claim involved a contractual dispute over an indemnity agreement. The court issued a lengthy opinion and awarded our client the full amount requested. . .

Directed Verdict Obtained for Surety Client on Construction Defect Claim

BSCR successfully defended Old Republic Surety, Inc. in a five-day jury trial involving the construction of running track at a local high school. At the close of plaintiff's evidence, the District Court granted Old Republic's motion for directed verdict and entered judgment in favor of Old Republic. . .

Defense of Fidelity & Surety Client Results in Summary Judgment

BSCR's defense of a notary in a Clay County, Missouri action resulted in summary judgment in favor of our client, the fidelity and surety insurer of the notary. In this case, plaintiff sought to recover under a notarial bond issued by our client to insure faithful performance of its principal, a notary. . .

Baker Sterchi Wins Appeal Before the Eighth Circuit Court of Appeals In Hotly Contested Construction Case

A decision from the 8th Circuit Court of Appeals affirmed a jury verdict obtained by BSCR in favor of its clients MacKenzie House, L.L.C. (developer) and MH Metropolitan, L.L.C., (owner) of a Kansas City apartment complex. Appellant, The Weitz Company (an Iowa-based contractor) was retained as the contractor of the apartment complex and eventually walked off the project after significant delays and cost overruns. . .