About Us
Arthur E. Rhodes

Arthur E. Rhodes

Business and Insurance Litigation

Contract and Energy Law

750 Commerce Plaza II
7400 West 110th Street
Overland Park, KS 66210
(913) 661-9800 /115Cell: (913) 708-4411

art@smizak-law.com

Education

College of the Holy Cross, Worcester, Massachusetts

  • Bachelor of Arts, History, 1987

Washburn University School of Law, Topeka, Kansas

  • Juris Doctor, 1996
  • Washburn Law Journal, Member, 1994-96; Managing Editor, 1995-96
  • Top Papers: Secured Transactions; Legal Systems

Licensure

Kansas Bar, 1996

U.S. District Court, District of Kansas, 1996

Missouri Bar, 1997

U.S. District Court, Western District of Missouri, 1997

Litigation and Legal Experience

Trials

  • Successful in jury and bench trials involving breach of contract, lien foreclosure, personal injury (insurance defense), property damage, vehicular homicide, and inverse condemnation.

CEO Fiduciary Duty

  • Obtained judgment for $419,000 for exclusive American distributor of CZ firearms, against terminated CEO based on breach of fiduciary duty and the Kansas Faithless Servant Doctrine.

Oil Pipeline Leak

  • Oil Pipeline Leak:  Recovered $400,000 in remediation costs for Dallas-based land developer in relation to a 100,000 gallon oil pipeline leak that delayed construction of apartments and created complex causation issues. 

Blue Sky Laws

  • Obtained restraining order and rescission of fraudulent corporate stock sale that violated blue sky laws, resulting in complete restitution of $250,000 plus attorney's fees. 

Employment Agreement

  • Prevailed for damages and attorney fees against ex-employee dentist who misappropriated over 100 clients and 2 employees in breach of non-solicitation covenant. 

Shareholder Suit

  • Obtained appointment of receiver to manage daily operations of pet supply company and accomplished subsequent buy-out of 50 percent shareholders.

Tradename Infringement

  • Successfully defended limousine company against action for injunctive relief alleging tradename infringement, Lanham Act violations, and unfair competition.

Class Actions

  • Co-chaired defense and ultimate dismissal of two class action suits relating to the Coffeyville flood and oil release of 2007, which involved $50 Million in damage to 400 homes and businesses.

Energy Law

  • Appeal for large volume electricity consumers that resulted in reversal of rate case for a return of over $12 Million to the Kansas Industrial Consumers.

Regulatory Issues

  • Representative of petroleum refieries and suppliers before F.E.R.C. and in federal court, regarding antitrust attittudes, pipeline and terminal access, and pipeline allocaion.

Reported Cases

Publications

"Damage To Real Property: The Lay of the Land," 75 Kansas Bar Association Journal 6 (October 2006)

"Negligence: Protecting Investors by Forcing Brokerage Firms to Disclose Employees' Misconduct [Palmer v. Shearson Lehman Hutton, Inc., 622 So.2d 1085 (Fla.Ct.App. 1993)]," 34 Washburn L.J. 628 (1995)

Professional Organizations and Activities

    Kansas Bar Association

    Wyandotte County Bar Association

    Johnson County Bar Association

    Kansas City Metropolitan Bar Association

    Member of Kansas Earl E. O'Connor Inn of Court, 2001-02

    Arbitrator for Chrysler Warranty Settlement Program, 1996