First Club Marketing Does Not Prevail in Lawsuit against KC Barbeque Society

 
KANSAS CITY, MO. (May 5, 2022) — In a decision dated April 15, 2022, the Honorable Judge Adam L. Caine of the Circuit Court of Jackson County, Missouri, found that First Club Marketing, LLC did not prevail in its longstanding lawsuit against the Kansas City Barbeque Society (KCBS). This decision was announced after a weeklong trial where a jury found FCM breached its contract by improperly charging KCBS commissions on sponsorships obtained prior to the contract and using KCBS’s confidential information for its own benefit.
 
FCM is owned by Randall Bowman, the former President and member of KCBS’s Board of Directors. During his time as President, Bowman secured a three-year contract for his company in January 2019 that required KCBS to pay monthly retainers and commissions for brand partnerships and sponsorships. With the oversight of a new Board, KCBS cancelled the contract in November 2019. FCM filed its lawsuit a month later demanding hundreds of thousands of dollars for work never performed.
 
The jury trial occurred in October 2021. The jury found FCM breached the contract by submitting invoices that overcharged KCBS by thousands of dollars and using KCBS’s confidential information for its own benefit. The jury also found KCBS needed to pay FCM a “liquidated” termination fee as stated in the contract—a payment KCBS previously offered but FCM refused to accept. All other claims were dismissed or denied.
 
After trial, FCM sought to have KCBS pay its attorneys’ fees by claiming it was a prevailing party. The Court denied the request, ruling that neither party was entitled to a fee award. As part of its holding, the Court found FCM did not prevail in the lawsuit it brought against KCBS. The parties have mutually agreed to not pursue any appeals.
 
“We are pleased the jury recognized what happened and found in favor of KCBS on its breach of contract claims,” said Emily Detwiler, Chief Executive Officer of KCBS. “It is unfortunate this lawsuit was ever filed, but we appreciate the favorable outcome and look forward to putting this matter behind us,” she said. KCBS thanks the current and 2021 KCBS Board of Directors for all of their hard work on the case, as well as Officers Rick Wagner and Emily Detwiler for their testimony on behalf of KCBS at trial. KCBS was represented by Dane Martin, Brad Bodamer, and Paul Brothers of Graves Garrett, LLC in Kansas City.