12 Kansas opinions name it 2 courts 1981–2024 2 in the last five years
The cases below were cited by Kansas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
TMG Life Insurance v. Ashnergreen2 sentences2009TMG teaches that “the reasonableness of a liquidated damages clause , should be determined as of the time the contract was executed, not with the benefit of hindsight.” 21 Kan. 2009App. 2d 234, 250, 898 P.2d 1145 (1995), the Court of Appeals ruled the burden of proving a liquidated damages clause is an unenforceable penalty falls on the party challenging the provision. | 1 | 4 |
IPC Retail Properties, L.L.C. v. Oriental Gardens, Inc.green2 sentences2009See Oriental Gardens, 32 Kan. 2008IPC Retail Properties v. Oriental Gardens, Inc., 32 Kan. | 1 | 3 |
St. Louis & San Francisco Railroad v. Gabagreen2 sentences2009Railroad Co. v. Gaba, 78 Kan. 432, 435-436, 97 Pac. 435 (1908). 2009Railroad Co. v. Gaba, 78 Kan. 432, 435-436, 97 Pac. 435 (1908). | 1 | 2 |
Unified School District No. 315 v. DeWerffgreen2 sentences2009In support of its contention, Carrothers cites DeWerff, 6 Kan. 1991In DeWerff , this court held a “stipulation for damages upon a future breach of contract is valid as a liquidated damages clause if the set amount is determined to be reasonable and the amount of damages is difficult to ascertain.” 6 Kan. | 1 | 2 |
Beck v. Megligreen2 sentences1995See Megli, 153 Kan. at 726 ; 22 Am. 1981The Supreme Court in Beck v. Megli, 153 Kan. at 726 , explains: "In determining whether contractual agreements are to be treated as penalties or as liquidated damages, courts must look behind the words used by the contracting parties to the facts and the nature of the transaction. | 1 | 2 |
White Lakes Shopping Center, Inc. v. Jefferson Standard Life Insurancegreen1 sentence2009See White Lakes Shopping Center, 208 Kan. at 126-28 ; Anderson v. Rexroad, 180 Kan. 505, 511-15 , 306 P.2d 137 (1957). | 1 | 1 |
Idbeis v. Wichita Surgical Specialists, P.A.green1 sentence2008See Idbeis, 279 Kan. at 758, 775 (the court upheld a noncompetition clause prohibiting practice for 2 years and a liquidated damages clause requiring five annual payments for breach of the noncompete clause); Varney Business Services, Inc. v. Pottroff, 275 Kan. 20, 23 , 59 P.3d 1003 (2002) (the court upheld a provision requiring an employee who left the firm to compensate the firm for those clients the employee provided services for in the subsequent 5 years); Foltz, 168 Kan. at 716-17, 721 (the court upheld a noncompetition provision requiring the employee not to practice medicine within 100 | 1 | 1 |
Frank Yockey v. Margaret Horngreen1 sentence2008See, e.g., Yockey v. Horn, 880 F.2d 945, 953 (7th Cir. 1989) (if a party has suffered no damages whatsoever from the breach, the liquidated damages clause will be unenforceable no matter how reasonable the estimate of damages was at the time of the contract); Restatement (Second) of Contracts § 356 (1981) (liquidated damages must be reasonable in light of the anticipated or actual loss caused by the breach). | 1 | 1 |
Graham v. Ciroccogreen1 sentence2008See Idbeis, 279 Kan. at 758, 775 (the court upheld a noncompetition clause prohibiting practice for 2 years and a liquidated damages clause requiring five annual payments for breach of the noncompete clause); Varney Business Services, Inc. v. Pottroff, 275 Kan. 20, 23 , 59 P.3d 1003 (2002) (the court upheld a provision requiring an employee who left the firm to compensate the firm for those clients the employee provided services for in the subsequent 5 years); Foltz, 168 Kan. at 716-17, 721 (the court upheld a noncompetition provision requiring the employee not to practice medicine within 100 | 1 | 1 |
Foltz v. Struxnessgreen1 sentence2008See Idbeis, 279 Kan. at 758, 775 (the court upheld a noncompetition clause prohibiting practice for 2 years and a liquidated damages clause requiring five annual payments for breach of the noncompete clause); Varney Business Services, Inc. v. Pottroff, 275 Kan. 20, 23 , 59 P.3d 1003 (2002) (the court upheld a provision requiring an employee who left the firm to compensate the firm for those clients the employee provided services for in the subsequent 5 years); Foltz, 168 Kan. at 716-17, 721 (the court upheld a noncompetition provision requiring the employee not to practice medicine within 100 | 1 | 1 |
Wichita Clinic, P.A. v. Columbia/HCA Healthcare Corp.green1 sentence2008App. 2d at 572 (the court upheld a 2-year time limitation); Wichita Clinic v. Columbia/HCA Health Care Corp., 45 F. Supp. 2d 1164, 1182-83, 1203 (1999) (the same covenant as in this case was upheld). | 1 | 1 |
Jolley v. Georgeffgreen2 sentences2004For example, the New York Supreme Court has determined that a liquidated damages clause which applies to a number of covenants is an unenforceable penalty “if the loss which might be anticipated as resulting from a breach of even the least important of them is disproportionate to the amount of liquidated damages, or if the loss which might result from a breach of any one of the covenants is readily ascertainable.” Vernitron Corp. v. CF 48 Associates, 104 App. Div. 2d 409, 410, 478 N.Y.S.2d 933 (1984); see Jolley v. Georgeff, 92 Ohio App. 271 , 110 N.E.2d 23 (1952); 49 Am. 2004For example, the New York Supreme Court has determined that a liquidated damages clause which applies to a number of covenants is an unenforceable penalty “if the loss which might be anticipated as resulting from a breach of even the least important of them is disproportionate to the amount of liquidated damages, or if the loss which might result from a breach of any one of the covenants is readily ascertainable.” Vernitron Corp. v. CF 48 Associates, 104 App. Div. 2d 409, 410, 478 N.Y.S.2d 933 (1984); see Jolley v. Georgeff, 92 Ohio App. 271 , 110 N.E.2d 23 (1952); 49 Am. | 1 | 1 |
Aero Consulting Corp. v. Cessna Aircraft Co.green1 sentence1997In Aero Consulting Corp. v. Cessna Aircraft Co., 867 F. Supp. 1480, 1493-94 (D. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Kansas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Luminous Neon, Inc. v. Parscale
green
2 sentences2008App. 2d 241, 243 , 836 P.2d 1201 (1992) (a liquidated damages clause that fixes damages in an amount grossly disproportionate to the harm actually sustained or likely to be sustained is considered a penalty). 1997Luminous Neon, Inc. v. Parscale, 17 Kan. | 2 | 1997–2008 |
Carrothers Construction Co. v. City of South Hutchinson
green
2 sentences2024The Carrothers court also explained that to determine whether a liquidated damages clause is a penalty, the reasonableness of the liquidated damages clause must be determined "as of the time the contract was executed, not with the benefit of hindsight." 288 Kan. at 754 . 2024A contractual provision is more likely to be for liquidated damages, and not a penalty, if (1) "'the amount stipulated is conscionable, that it is reasonable in view of the value of the subject matter of the contract and of the probable or presumptive loss in case of breach,'" and (2) "'the nature of the transaction is such that the amount of actual 6 damages resulting from default would not be easily and readily determinable. [Citations omitted.]'" 288 Kan. at 755 . | 1 | 2024–2024 |
Alliance Mortgage Co. v. Pastine
green
2 sentences2022A party that voluntarily complies with a judgment should not be allowed to pursue an inconsistent position by appealing from that judgment. [Citations omitted.]" Alliance Mortgage Co. v. Pastine, 281 Kan. 1266, 1271 , 136 P.3d 457 (2006); Heartland Presbytery v. Presbyterian Church of Stanley, Inc., 53 Kan. 2022A party that voluntarily complies with a judgment should not be allowed to pursue an inconsistent position by appealing from that judgment. [Citations omitted.]" Alliance Mortgage Co. v. Pastine, 281 Kan. 1266, 1271 , 136 P.3d 457 (2006); Heartland Presbytery v. Presbyterian Church of Stanley, Inc., 53 Kan. | 1 | 2022–2022 |
Heartland Presbytery v. The Presbyterian Church of Stanley, Inc.
green
1 sentence2022A party that voluntarily complies with a judgment should not be allowed to pursue an inconsistent position by appealing from that judgment. [Citations omitted.]" Alliance Mortgage Co. v. Pastine, 281 Kan. 1266, 1271 , 136 P.3d 457 (2006); Heartland Presbytery v. Presbyterian Church of Stanley, Inc., 53 Kan. | 1 | 2022–2022 |
Anderson v. Rexroad
green
2 sentences2009See White Lakes Shopping Center, 208 Kan. at 126-28 ; Anderson v. Rexroad, 180 Kan. 505, 511-15 , 306 P.2d 137 (1957). 2009See White Lakes Shopping Center, 208 Kan. at 126-28 ; Anderson v. Rexroad, 180 Kan. 505, 511-15 , 306 P.2d 137 (1957). | 1 | 2009–2009 |
Hutton Contracting Co. v. City of Coffeyville
green
1 sentence2008The Hutton court indicated that Kansas courts have not definitively answered the question whether the enforceability of liquidated damages provisions should be determined prospectively only, or whether Kansas courts would also apply a supplemental retrospective analysis. 487 F.3d at 781 . | 1 | 2008–2008 |
Metz v. Clay
neutral
2 sentences2008Metz v. Clay, 101 Kan. 45 , 165 Pac. 809 (1917). 2008Metz v. Clay, 101 Kan. 45 , 165 Pac. 809 (1917). | 1 | 2008–2008 |
Varney Business Services, Inc. v. Pottroff
green
2 sentences2008See Idbeis, 279 Kan. at 758, 775 (the court upheld a noncompetition clause prohibiting practice for 2 years and a liquidated damages clause requiring five annual payments for breach of the noncompete clause); Varney Business Services, Inc. v. Pottroff, 275 Kan. 20, 23 , 59 P.3d 1003 (2002) (the court upheld a provision requiring an employee who left the firm to compensate the firm for those clients the employee provided services for in the subsequent 5 years); Foltz, 168 Kan. at 716-17, 721 (the court upheld a noncompetition provision requiring the employee not to practice medicine within 100 2008See Idbeis, 279 Kan. at 758, 775 (the court upheld a noncompetition clause prohibiting practice for 2 years and a liquidated damages clause requiring five annual payments for breach of the noncompete clause); Varney Business Services, Inc. v. Pottroff, 275 Kan. 20, 23 , 59 P.3d 1003 (2002) (the court upheld a provision requiring an employee who left the firm to compensate the firm for those clients the employee provided services for in the subsequent 5 years); Foltz, 168 Kan. at 716-17, 721 (the court upheld a noncompetition provision requiring the employee not to practice medicine within 100 | 1 | 2008–2008 |
Vernitron Corp. v. CF 48 Associates
green
1 sentence2004For example, the New York Supreme Court has determined that a liquidated damages clause which applies to a number of covenants is an unenforceable penalty “if the loss which might be anticipated as resulting from a breach of even the least important of them is disproportionate to the amount of liquidated damages, or if the loss which might result from a breach of any one of the covenants is readily ascertainable.” Vernitron Corp. v. CF 48 Associates, 104 App. Div. 2d 409, 410, 478 N.Y.S.2d 933 (1984); see Jolley v. Georgeff, 92 Ohio App. 271 , 110 N.E.2d 23 (1952); 49 Am. | 1 | 2004–2004 |
Kvassay v. Murray
green
2 sentences1997Kvassay v. Murray, 15 Kan. 1997This court paraphrased the three criteria for measuring the reasonableness of a liquidated damages clause provided in K.S.A. 84-2-718: “(1) anticipated or actual harm caused by breach; (2) difficulty of proving loss; and (3) difficulty of obtaining an adequate remedy.” 15 Kan. | 1 | 1997–1997 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.