David E. Rogers
Get to Know
Wichita Office
1551 N. Waterfront Parkway
Suite 100
Wichita, KS 67206-4466
T: 316.291.9708
F: 866.347.5133
drogers@foulston.com
Practice Areas
Product Liability
Employment & Labor
Professional Malpractice
Insurance Defense Litigation
Commercial & Complex Litigation
Construction
Education
University of Kansas, J.D., (1987)
University of Kansas, B.S., (1984)
Admissions
  • U.S. Court of Appeals for the Tenth Circuit (1987)
  • U.S. District Court for the District of Kansas (1987)
  • Kansas (1987)
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David E. Rogers, Partner


Mr. Rogers is a trial lawyer with experience in a wide variety of litigation over the past twenty-nine years. He has tried product liability, medical malpractice, insurance, employment, and business cases and has arbitrated construction and labor disputes. He routinely practices in federal and state courts in the Midwest. Mr. Rogers enjoys Martindale-Hubbell Law Directory’s highest “AV” rating for lawyers and has been selected by his peers for inclusion in The Best Lawyers in America©. In 2016 he was recognized by Best Lawyers® as the Wichita Product Liability Litigation – Defendants “Lawyer of the Year.” He has also been selected to the Missouri & Kansas Super Lawyers® list. Benchmark Litigation named Mr. Rogers a “Local Litigation Star” for 2014 and 2015. His peer memberships include the Product Liability Advisory Council, Defense Research Institute and the Kansas Association of Defense Counsel.

Professional Memberships, Affiliations, and Honors
  • Product Liability Advisory Council
  • Recognized by Best Lawyers® as the 2016 Wichita Product Liability Litigation – Defendants “Lawyer of the Year”
  • Selected by peers for inclusion in The Best Lawyers in America© in the areas of Product Liability Litigation – Defendants and Personal Injury Litigation – Defendants, 2003-2017
  • Selected for inclusion in Missouri & Kansas Super Lawyers® List 2005, 2011 - 2015 (a Thomson Reuters business)
  • Named by Benchmark Litigation - Local Litigation Star, 2011-2015: Product Liability and General Commercial; 2016: Product Liability, General Commercial, and Securities
  • Wichita Business Journal / 40 Under 40 Business Leader 2002
  • American Bar Association
  • Kansas Bar Association
  • Wichita Bar Association
  • Kansas Association of Defense Counsel
  • Defense Research Institute Products Liability Committee
Community Involvement
  • Salvation Army, Advisory Board President
  • Music Theatre of Wichita, Former Board Member
  • Trinity Academy, Board Member
  • HopeNet, Board Member
  • Wichita Festivals, Inc.
  • Wichita Grand Opera Theatre
  • Fellowship of Christian Athletes
  • Eastminster Presbyterian Church

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  • Successfully represented national manufacturers in serious product liability cases in both state and Federal court.

  • Obtained summary judgment for a large manufacturing client in a federal declaratory judgment action involving complex, multi-million dollar coverage and construction issues.

  • Obtained summary judgment for electrical motor manufacturer based on the economic loss doctrine (appeal pending before Kansas Court of Appeals). Corvias Military Living, LLC et. al. v. Jakel Motors, Inc. et. al., 2014 CV 138, Geary Co., Ks., 8th Judicial District (2016).

  • Represented a privately held oil and gas company in multi-million dollar insurance coverage litigation arising from the catastrophic 2013 train derailment in Lac-Megantic, Quebec.

  • Obtained summary judgment for insurance carrier in federal declaratory judgment action involving coverage issues arising from the FDIC’s closure of a Bank and its subsequent $52 million dollar suit against the bank’s officers and directors. BancInsure v. McCaffree et. al. 3 F.Supp. 3d 904 (D. Kan. 2014).

  • In a products case involving catastrophic injuries, Mr. Rogers and co-counsel obtained summary judgment on behalf of Michelin North America after convincing the court to exclude the testimony of plaintiff’s expert witness through a Daubert motion. (Ho v. Michelin North America)

  • Obtained dismissals for Italian and Chinese tire manufacturers on personal jurisdiction grounds (Eaves v. Pirelli Tire, 2014 WL 1883791; Juarez et. al. v. GITI Tire (Fujian) Co. LTD. 12 CV 191(District Court of Ford Co, Ks., 16th Judicial District).

  • Served as lead trial counsel in the successful defense (no fault) of a rheumatologist in a medical negligence claim alleging failure to diagnose lupus nephritis and over two million dollars in claimed damages, Buchanan v. Mortensen, Sedgwick County District Court, 04-CV-3652.

  • Obtained summary judgment on behalf of a general contractor in complex architectural malpractice case involving ventilator-dependent quadriplegia, Carlton v. BG Consultants et. al. Reno County District Court, 05-CV-0054.

  • Obtained summary judgments for the firm’s clients in a variety of employment litigation cases including: Taher v. Wichita State University, 526 F.Supp.2d 1203 (D.Kan, 2007) (discrimination based on national origin); Sadiq et. al. v. Spirit Aerosystems, Inc., 07-1276-EFM, (breach of contract under § 301 of the Labor Management Relations Act); Duran v. Spirit Aerosystems, Inc., 08-CV-1976 (state court, 18th judicial district) (whistleblowing,retaliatory discharge).

  • Obtained summary judgment on behalf of a large aircraft manufacturer in 5 race discrimination claims.

  • Tried and won a company v. union arbitration on behalf of a private aircraft manufacturer over whether the outsourcing of certain classes of jobs violated the collective bargaining agreement.



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2014
  • Perspectives from a Plaintiff's Lawyer: Things Employers Do to Make My Job Easier (and More Profitable) (Foulston Siefkin LLP, Employment Law Seminar)
2013
  • Employment Law Jeopardy (Foulston Siefkin, Employment Law Seminar)
2010
  • Leave Issues: Understanding the Various Types of Leaves and How They Interact (Foulston Siefkin, Employment Law Seminar)
2009
  • Getting to Know the New FMLA Regulations (Foulston Siefkin Employment Law Seminar)
2008
  • Kansas Legal- Dissecting a Discharge (Foulston Siefkin Employment Law Seminar)

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