Kpers v. Reimer & Koger Assocs

The opinion of the court was delivered by This interlocutory appeal involves the construction and constitutional validity of the recently enacted Kansas Public Employees Retirement System (KPERS) settlement statute, K.S.A. 1995 Supp. 74-4904a. The question posed is whether the cross-claims for ""contribution and noncontractual indemnity"" filed by Reimer & Koger Associates, Inc., (Reimer & Koger) against appellants are discharged under the provisions of K.S.A. 1995 Supp. 74-4904a(1). We conclude that such claims are discharged and that K.S.A. 1995 Supp. 74-4904a is constitutional. We, therefore, reverse the decision of the trial court. Facts This appeal involves two consolidated cases from the Shawnee County District Court in which KPERS sued to recover for losses suffered in direct placement investments. In 92 CV 805, KPERS sought recovery for investment losses in Sharoff Food Service, Inc., (Sharoff) from Reimer & Koger and certain of its present or former directors, officers, or agents; the law firm of Gage & Tucker, L.C. (Gage & Tucker); and the law firm of Cohen, Brame, & Smith, P.C., (Cohen & Brame) and partner Roger C. Cohen (Cohen). In 93 CV 588, KPERS sought recovery for investment losses in Tallgrass Technology Corporation (Tallgrass) from Reimer & Koger.