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Michael D. Alper
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Carlo F. Bonavita
Miko Ando Brown
Nathan A. Bruggeman
Michele On-ja Choe
Mark T. Clouatre
Bryan D. Cross
Ryan P. Day
Cara E. Dearman
Benjamin J.H. Delanghe
Andrew C. Efaw
Carolyn J. Fairless
Joseph A. Farchione
John M. Fitzpatrick
Hugh Q. Gottschalk
Ellen E. Herzog
James E. Hooper, Jr.
Thomas H. Hunter
Cynthia L. Ivers
Ilene D. Johnson
Matthew E. Johnson
Elizabeth Wylie Johnston
LaMar F. Jost
Steven M. Kelso
Christine Hyojin Kim
Kary Klismet
Kevin J. Kuhn
Zachary A. Lange
Kelly A. Laudenslager
Steve C. Lawrence
Cedric D. Logan
Mark E. Lyda
Sangeetha Mallavarapu
Anne M. Mangiardi
Raymond W. Martin
Craig R. May
Allison R. McLaughlin
Daniel D. McParland
Kasey A. Meyer
Christopher P. Montville
Jeremy A. Moseley
Nathan P. Murphy
Andrew H. Myers
Erik D. Nadolink
Habib Nasrullah
Joel S. Neckers
N. Reid Neureiter
Michael L. O'Donnell
Stephen E. Oertle
Rebecca Graves Payne
Stephanie A. Reedy
Hayley E. Reynolds
Terence M. Ridley
Kara J. Rosenthal
Catherine R. (Trina) Ruhland
Sean G. Saxon
David J. Schaller
Jessica Goneau Scott
Michael C. Song
Kenneth E. Stalzer
Evan Stephenson
Matthew R. Stevens
Edward C. Stewart
Kimberly B. Still
John P. Streelman
John R. (Jack) Trigg
Andrew M. Unthank
Joseph B. Valentine
Barbara A. Vaught
John M. Vaught
Theresa R. Wardon
Thomas Werge
Tamera D. Westerberg
Michael T. Williams
Katherine C. Yarger
Gwen J. Young
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View By Attorney
Select Attorney
Michael D. Alper
Kendra L. Baisinger
Anthony C. Barbe
Scott S. Barker
Kendra N. Beckwith
Galen D. Bellamy
Carlo F. Bonavita
Miko Ando Brown
Nathan A. Bruggeman
Michele On-ja Choe
Mark T. Clouatre
Bryan D. Cross
Ryan P. Day
Cara E. Dearman
Benjamin J.H. Delanghe
Andrew C. Efaw
Carolyn J. Fairless
Joseph A. Farchione
John M. Fitzpatrick
Hugh Q. Gottschalk
Ellen E. Herzog
James E. Hooper, Jr.
Thomas H. Hunter
Cynthia L. Ivers
Ilene D. Johnson
Matthew E. Johnson
Elizabeth Wylie Johnston
LaMar F. Jost
Steven M. Kelso
Christine Hyojin Kim
Kary Klismet
Kevin J. Kuhn
Zachary A. Lange
Kelly A. Laudenslager
Steve C. Lawrence
Cedric D. Logan
Mark E. Lyda
Sangeetha Mallavarapu
Anne M. Mangiardi
Raymond W. Martin
Craig R. May
Allison R. McLaughlin
Daniel D. McParland
Kasey A. Meyer
Christopher P. Montville
Jeremy A. Moseley
Nathan P. Murphy
Andrew H. Myers
Erik D. Nadolink
Habib Nasrullah
Joel S. Neckers
N. Reid Neureiter
Michael L. O'Donnell
Stephen E. Oertle
Rebecca Graves Payne
Stephanie A. Reedy
Hayley E. Reynolds
Terence M. Ridley
Kara J. Rosenthal
Catherine R. (Trina) Ruhland
Sean G. Saxon
David J. Schaller
Jessica Goneau Scott
Michael C. Song
Kenneth E. Stalzer
Evan Stephenson
Matthew R. Stevens
Edward C. Stewart
Kimberly B. Still
John P. Streelman
John R. (Jack) Trigg
Andrew M. Unthank
Joseph B. Valentine
Barbara A. Vaught
John M. Vaught
Theresa R. Wardon
Thomas Werge
Tamera D. Westerberg
Michael T. Williams
Katherine C. Yarger
Gwen J. Young
Courts
At Wheeler Trigg O'Donnell, our typical client is a Fortune 500 company – an industry leader that is highly invested in its brand names, products, services, people, and customers. We represent, often as regional or national trial counsel, 15 of the companies on the Fortune 100 list. We also represent foreign-owned companies listed on the Fortune Global 500, as well as large private companies, professional service firms, medical organizations, professionals, business executives, and high net-worth individuals. A representative list of our clients includes the following.
Wheeler Trigg O'Donnell lawyers have 1) tried cases, 2) briefed and argued cases before appellate courts, or 3) represented clients in evidentiary proceedings in arbitrations or before regulatory agencies that resulted in a decision by
a judge, jury, arbiter, or hearing officer in the states listed below. For the list of lawyers with experience in a particular state, click on the state's name.
Cases
Clients
Courts
04.04.2013
Defended the appeal to the Colorado Court of Appeals of a jury verdict that WTO won in 2011 on behalf of a Colorado bariatric surgeon in a medical malpractice matter.
04.01.2013
Obtained victory on behalf of Whirlpool when the U.S. Supreme Court vacated a Sixth Circuit decision upholding the certification of a class of purchasers who alleged design defects in high-efficiency front-loading washers.
03.29.2013
Defeated motion filed by the plaintiffs in the U.S.D.C. for the District of Colorado to certify a class of consumers who had shopped during a specific pricing program at various grocery stores owned by WTO's client, a Fortune 500 food distribution company. Plaintiffs alleged common law fraud, civil theft, and violations of the Colorado Consumer Protection Act
03.28.2013
Secured dismissal of putative class action complaint alleging KitchenAid refrigerators were mislabeled with Energy Star logo. Court dismissed consumer fraud claims, rejecting Plaintiff's theory that label constituted a representation of fact to rely on. -
Dei Rossi v. Whirlpool Corp.
, No. 12-CV-125, 2013 WL 1312105 (E.D. Cal. Mar. 28, 2013)
03.28.2013
Defeated motion to certify a nationwide breach-of-warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction. -
Tietsworth v. Sears, Roebuck and Co. and Whirlpool Corp.
, No. 5:09-cv-00288, 2013 WL 1303100 (N.D. Cal. Mar. 28, 2013)
03.20.2013
Obtained dismissal or summary judgment in three Section 1983 cases, two against the City & County of Denver and named police officers and one against a psychologist at a youth detention center
03.06.2013
Won a unanimous defense verdict on behalf of WTO's labor-and-delivery nurse client in a three-and-a-half-week obstetrical malpractice trial in Boulder District Court in Colorado.
02.12.2013
Defended the appeal to the Montana Supreme Court of a jury verdict favoring Ford Motor Company in a product liability case involving a fatal car accident.
01.31.2013
Won a unanimous defense verdict on behalf of psychiatric hospital nurses in a two-week medical malpractice trial in Boston that involved the tragic death of a child.
11.16.2012
Won a unanimous jury defense verdict in Colorado federal district court on behalf of Evenflo Company in a two-week trial involving liability for permanent injuries to a child strapped in an Evenflo car seat during an auto accident.
11.16.2012
Defended the appeal to the District of Columbia Court of Appeals of a 2011 medical malpractice defense jury verdict that WTO won on behalf of Washington Hospital Center in a brain-damaged baby case.
10.17.2012
Won a unanimous defense verdict on behalf of Ford Motor Company in a breach-of-warranty trial in a Colorado district court. -
Henry v. Ford Motor Company,
No. 11CV5127 (Jefferson County Dist. Court 2012)
08.31.2012
Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were "mislabeled" with the Energy Star logo. -
Savett v. Whirlpool
, No. 12CV310 (N.D. Ohio Aug. 31, 2012)
08.16.2012
Obtained a 10th Circut reversal of a federal district court jury verdict favoring the plaintiff and secured a judgment in favor of Ford Motor in a product liability case involving a rollover crash in which the plaintiff was rendered a quadriplegic. -
Hoffman v. Ford Motor Co.
, No. 10-1137 (10th Cir. Aug. 16, 2012)
07.18.2012
Won a reversal from the Tenth Circuit in favor of WTO client BP in a case alleging underpayment of royalties.
07.11.2012
Obtained a preliminary injunction in a Colorado district court on behalf of a large Ohio-based commercial painting company in a trade secrets case.
07.01.2012
Defended the appeal to the Tenth Circuit of a 2010 jury verdict WTO won on behalf of AT&T in a high-profile whistleblower case.
06.20.2012
Defended the appeal to the Colorado Court of Appeals of a 2010 jury verdict that WTO won on behalf of Ford Motor Company in an electronic throttle product liability case.
06.19.2012
Defended a trucking company against negligence claims arising from a nine-vehicle accident on a snowy Nebraska interstate highway.
06.08.2012
Secured a favorable outcome for WTO's client in a real estate finance trial in Colorado federal court.
06.06.2012
Won a unanimous jury defense verdict in Denver District Court on behalf of WTO's client, USAA Insurance, defeating breach-of-contract and bad-faith claims in connection with USAA's refusal to provide coverage for a roof on the plaintiffs' property.
06.05.2012
Won a crucial verdict for Chrysler in a three-week franchise trial in Nevada that tested Chrysler's ability to expand its dealership network after the termination of 800 dealers in the Chrysler bankruptcy reorganization.
05.01.2012
Won a unanimous defense verdict on behalf of a Philadelphia psychiatric hospital in a two-day medical malpractice arbitration involving the death of a man who died in an auto accident hours after being discharged.
05.01.2012
Represented Chrysler in a case in which several Chrysler dealers asserted Chrysler failed to comply with obligation to provide new dealerships following its bankruptcy. Following a trial, E.D.N.Y. Court entered judgment for Chrysler. -
Eagle v. Chrysler
04.30.2012
Defended the appeal to the New Mexico Court of Appeals of a 2009 jury verdict that WTO won on behalf of a large food store in a personal injury case.
04.09.2012
Defended Chrysler Group against automobile dealership's allegations of oppressive and unreasonable terms in letter of intent to enter into franchise agreement after Chrysler's bankruptcy in a franchise case of national significance. -
Star Chrysler-Jeep v. Chrysler Group LLC (C.D.Cal. Apr. 9, 2012)
03.27.2012
Obtained summary judgment on behalf of Mercedes-Benz USA in California federal district court in a case involving MBUSA's exercise of its contractual right of first refusal to the sale of a dealership. -
Fresno Motors v. Mercedes-Benz USA,
No. 1:11-cv-02000-CJC, 2012 WL 1038004 (E.D.Cal. Mar. 27, 2012)
03.23.2012
Obtained a favorable trial verdict in Denver District Court on behalf of WTO's Denver law firm client in a legal malpractice matter.
03.12.2012
Obtained summary judgment on behalf of Chrysler Group LLC and Old Carco Motors LLC in U.S. District Court for the Southern District of New York in a case involving the constitutionality of a Kentucky state dealer statute. -
Chrysler v. Colorado Secretary of State et al.
, No. 10 Civ. 8283(PKC), 2012 WL 893614 (S.D.N.Y. Mar 12., 2012)
03.07.2012
Obtained plaintiff's withdrawal of employment discrimination claims against WTO's bank client as a result of aggressive early discovery work.
03.01.2012
Defended investment advisory firm in Cook County, IL against $10 MM professional negligence claim. After two-week trial, the jury found for the defendant. -
Quintas v. AMG
02.23.2012
Obtained a favorable outcome in a Florida medical malpractice case involving the death of a 43-year-old man following out-patient surgery.
01.24.2012
Won a unanimous jury defense verdict on behalf of a Florida hospital in a three-week medical malpractice trial involving a baby born with a brain injury due to uterine rupture in the mother.
01.23.2012
Obtained a favorable settlement on behalf of a large excess insurance company in a medical malpractice case involving a permanent disability to a young child.
01.18.2012
Represented plaintiffs challenging constitutionality of increasing copyright protection by 20 years and Section 514 of Uruguay Round Agreements Act extending copyright protection to foreign works. Supreme Court ruled statutes were constitutional. -
Golan v. Holder
, 132 S.Ct. 873, 181 L.Ed.2d 835 (2012)
12.30.2011
Obtained a preliminary injunction enforcing WTO's client's noncompetition agreement with a former employee after a two-day hearing in Jefferson County, Colorado.
10.20.2011
Won a jury defense verdict in favor of a Colorado bariatic surgeon in Denver District Court.
10.14.2011
Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud and violated consumer protection laws.
10.04.2011
Represented managing partner in suit between law firm partners with respect to claims of fraud and mismanagement. After two-week trial, client prevailed on fraud and mismanagement claims, and Court ordered an accounting and liquidation of the firm. -
Hopp v. Shore
09.13.2011
Won a defense verdict for Washington Hospital Center in a medical malpractice lawsuit that involved a severely brain-damaged baby.
07.19.2011
Won a ruling from the U.S. Court of Appeals for the Sixth Circuit that overturned the trial court's verdict in a federal
habeas corpus
appeal by WTO's
pro bono
client. -
Cowan v. Stovall
, No. 08-2338 (6th Cir. Jul. 19, 2011)
06.20.2011
Won a Colorado Supreme Court decision favorable to WTO's client, Allstate, and all Colorado auto insurers in a purported class action involving disclosures associated with underinsured and uninsured motorist policies. -
Apodaca v. Allstate Insurance, Case No. 10SC39 (Colo. June 20, 2011)
06.03.2011
Obtained a preliminary injunction in Georgia for Mercedes-Benz USA in a dealership breach-of-contract dispute. -
Mercedes-Benz USA, LLC v. Star Automobile Co.
, No. 3:11-cv-73 (CAR), 2011 WL 2175037 (M.D. Ga. Jun. 3, 2011)
06.01.2011
Obtained summary judgment in Denver District Court in a professional negligence claim against WTO's client, a construction consultant, in a matter related to criminal charges brought against the consultant's client, Xcel Energy.
04.13.2011
Won a verdict in Boulder District Court of Colorado in favor of a food production company in a breach-of-contract action it brought against the sole shareholder and officer of an organic food production company.
03.22.2011
Won a unanimous jury defense verdict for a Washington, D.C. hospital in a three-week trial involving medical malpractice claims of substandard care leading to cerebral palsy in a child. -
Doe ex rel. Parker v. Washington Hospital Center Corp.
, Civil Case No. 2009 CA 005669 M (D.C. Super. Ct. Mar. 22, 2011)
03.21.2011
Secured a landmark victory from the Colorado Supreme Court on behalf of the American College of Obstetricians and Gynecologists in a case involving the reliability of the intrauterine forces theory of labor as applied in shouder dystocia matters. -
Ford v. Eicher
, No. 09SC229 (Colo. Mar. 21, 2011)
01.03.2011
Obtained an arbitration award for WTO's law firm client in a legal malpractice case.
12.31.2010
Represented PCH in claim asserted by Banner that a merger between PCH and another health care entity triggered a termination clause in a lease of PCH's neonatal ICU. Following two-week trial, arbitrator terminated the lease. -
Banner Health Care v. Phoenix Children's Hospital
12.17.2010
Won a unanimous jury defense verdict from a Colorado district court in favor of WTO's client, Ford Motor Company, in a precedent-setting case involving a product liability claim of an allegedly defective electronic throttle.
12.15.2010
Won a jury defense verdict in Louisiana in a premises liability case in which a sign in an AT&T store fell and injured a child.
12.10.2010
Won a unanimous jury defense verdict in Denver District Court on behalf of a Colorado heart surgeon in a medical malpractice case involving injuries associated with an atrial fibrillation surgery.
12.10.2010
Obtained arbitration award for WTO's insurance company client in a dispute over the purchase price of a health care network in Indiana.
12.10.2010
Obtained summary judgment in favor of WTO's client Chrysler in a preemption case involving the award of future franchises.
11.30.2010
Won a unanimous defense verdict in California Superior Court on behalf of Nissan in a lawsuit involving a claim that an allegedly defective seat system resulted in Plaintiff's quadriplegia following a horrific car crash. -
Wirsz v. Nissan North America Inc.
, No. BC377417 (Cal. Super. Ct., Los Angeles County)
11.01.2010
Obtained dismissal of RICO and conspiracy claims brought against a prominent east coast law firm and one of its partners in U.S.D.C. for the Western District of Missouri.
09.27.2010
Won a jury defense verdict in Denver District Court in a medical malpractice case for an orthopedic spine surgeon.
07.31.2010
Following Chrysler LLC's bankruptcy, WTO co-managed with one other law firm the response to requests from 418 dealers for arbitration following Chrysler Group's termination of their dealerships. WTO litigated 187 of these Section 747 arbitrations.
05.07.2010
Won a jury defense verdict for WTO's client AT&T in a whistleblower suit heard in U.S.D.C. for the District of Colorado.
03.22.2010
Secured a ruling from the U.S. District Court for the Eastern District of California that denied a dealership's petition to compel WTO's client, Mercedes-Benz USA, to submit to arbitration regarding an asset purchase agreement. -
Fresno Motors v. Mercedes-Benz USA
, No. 1:10cv012 AWI DLB (U.S.D.C. E.D.Cal., Mar. 22, 2010)
03.19.2010
Obtained a dismissal of Plaintiff's class action complaint alleging false advertising filed against Whirlpool in California Superior Court. -
Saaremets v. Whirlpool Corp.
, Case No. 2:09-cv-02337-FCD-EFB (E.D. Cal. Mar. 19, 2010)
03.16.2010
Won a complete verdict in favor of WTO's client on all issues of liability, causation, and damages in a complex real estate case. -
Borders v. Aspen Equestrian Estates, LLC
, Case No. 08CV3026 (Colo. D. Ct. Mar. 16, 2010)
03.10.2010
A California appeals court affirmed the preemption of claims brought against WTO's client Guidant for its abdominal stent medical device.
02.25.2010
Defended award of costs to client. -
Scoggins v. Encompass Ins. Co.
, 2010 WL 664526 (Colo. App. Feb. 25, 2010)
11.04.2009
In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation
, 2009 WL 3712649 (N.D. Ohio Nov. 3, 2009)
10.02.2009
Won a unanimous jury verdict in a Santa Fe, New Mexico district court in the defense of a personal injury claim brought against a food store.
09.17.2009
Scoggins v. Encompass Ins. Co.
, 2009 WL 2964992 (Colo. App. Sept. 17, 2009). Affirmed finding of no liability after bench trial.
09.04.2009
Mulcahy v. Rapid American Corp.
, No. 08-L-006223 (Ill. Sept. 4, 2009)
09.01.2009
Kail v. Whirlpool Corp.
, No. 09-cv-00500-MSK-KLM (D. Colo. 2009)
07.01.2009
Century Motor Corporation v. Ed Bergen
, No. 09-04135 (Bankr. E.D. Mo.) and No. 09-50002 (Bankr. S.D.N.Y.)
06.26.2009
Pelletier v. Alfa Laval Inc
, No. BC381497 (Cal. Sup. Jun. 26, 2009)
06.19.2009
In re Old Carco LLC f/k/a/ Chrysler LLC
, No. 09-50002 (Bankr. S.D.N.Y. Jun. 19, 2009)
06.18.2009
Morgan v. Ford Motor Co.
, No. 34139 (W.V. Sup. Jun. 18, 2009)
06.10.2009
Shaw v. Pizza Hut
, No. 8:08-27 (M.D. Fl. Jun. 10, 2009)
05.29.2009
Friedland v. TIC and Geosyntec Consultants
, 566 F.3d 1203 (10th Cir. 2009)
02.27.2009
Fletcher v. Pizza Hut
, No. 08cv00816 (E.D.Va. Feb. 27, 2009)
02.16.2009
Des Moines Chrysler v. Dep't of Transp. Office of Vehicle Servs.
, No. 08DOTMF005 (Iowa DIA Feb. 16, 2009)
02.09.2009
Larry Menke, Inc. v. DaimlerChrysler Motors Co.
, 90 Cal. Rptr. 3d 389 (2009)
01.12.2009
Hudgins v. Southwest Airlines, Co.
, 212 P.3d 810 (Ariz. App. 2009). Obtained 88% reduction in punitive damages award.
01.06.2009
Defended franchisor against fraud claims made by franchisees, who sought tens of millions of dollars in actual and punitive damages. After five-week trial, judgment entered for franchisor. Court awarded $2MM+ in attorneys' fees against franchisees. -
Colorado Coffee Bean, LLC v. Peaberry Coffee, Inc.
01.01.2009
Obtained a ruling from the New York Supreme Court denying a discovery sanction against WTO's client, a manufacturing company.
11.14.2008
Summary Judgment for Medical Device Manufacturer Based on Federal Preemption Law
11.13.2008
Rush v. Whirlpool Corp.
, 2008 WL 509562 (W.D. Ark. Feb. 22, 2008)
10.07.2008
Two Brothers Defeat Third Brother's Breach of Contract Claim
09.04.2008
Murry v. GuideOne
, 194 P.3d 489 (Colo.App. 2008)
05.12.2008
Granite State Ins. Co. v. Ken Caryl Ranch Master Ass'n
, 183 P.3d 563 (Colo. 2008)
05.09.2008
Thunder Mountain Custom Cycles v. Thiessen Products
, 72 Fed.R.Serv.3d 604 (D.Colo. 2008)
04.08.2008
McNellis v. Pfizer
, Nos. 06-3107 and 06-5148, 2008 WL 927848 (3d Cir. Apr. 8, 2008)
03.19.2008
Won a jury defense verdict in Denver District Court for a prominent Denver heart surgeon.
03.17.2008
Stewart v. Foster Wheeler Energy Corp.
, No. LACV 66388 (D.Iowa Mar. 17, 2008)
01.18.2008
Friedland v. TIC and Geosyntec Consultants
, C.A. No. 04-cv-01263-REB-KLM, 2008 WL 185693 (D. Colo. Jan. 18, 2008)
01.01.2008
Obtained a judgment of over $1.2 million on counterclaim for breach of contract in this commercial dispute arising out of the plaintiff's non-payment for custom motorcycle parts
01.01.2008
Obtained a temporary restraining order in Denver District Court against an appliance retail outlet and its owner in a brand-protection case WTO handled for a well-known appliance manufacturing company.
01.01.2008
After finding the plaintiff was fired for insubordination, the U.S.D.C. for the District of Colorado granted summary judgment on behalf of WTO's client, a large telecommunications company, in a whistleblower case.
01.01.2008
Obtained arbitration ruling for WTO's securities broker-dealer client, defeating its former CEO's $1M employment-related claim.
01.01.2008
Summary judgment affirmed. -
Wobst v. Allstate Ins. Co.
, 262 Fed. App'x 75 (10th Cir. 2008)
01.01.2008
Obtained summary judgment on a previously undecided question of Colorado law. -
Allen v. Martin
, 203 P.3d 546 (Colo. App. 2008).
01.01.2008
Ganyard v. Allstate Ins. Co.
, 2008 WL 2536269 (Colo. App. 2008). Summary judgment affirmed. -
Ganyard v. Allstate Ins. Co.
, 2008 WL 2536269 (Colo. App. 2008)
11.15.2007
The Colorado Court of Appeals affirmed a lower court's dismissal of the plaintiff's wrongful death claims made over the medical treatment defendants provided her husband before his death. -
Villalpando v. Denver Health and Hospital Authority
, 181 P.3d 357 (Colo.App. 2007)
08.30.2007
Obtained reversal from the Ninth Circuit Court of Appeals and a new trial on the punitive damages phase in a product liability case against Ford Motor Company that involved the death of a child. -
White v. Ford Motor Co.
, 500 F.3d 963 (9th Cir. 2007)
05.07.2007
Bado Santana v. Ford Motor Company
(D.P.R. May 7, 2007)
03.13.2007
Led Whirlpool's defense team in a putative nationwide class action alleging that over one million of WTO's client's products were defective. Obtained dismissal with prejudice of the plaintiffs' class action allegations. -
Dennis v. Whirlpool Corp.
, Case No. 06-CIV-80784 (S.D. Fla. Mar. 13, 2007)
01.01.2007
Defended Ford Motor in a four-month class-action trial involving $2 billion in consumer-fraud claims. Plaintiffs agreed to a no-cash, coupon-based settlement for the California class and classes in three other states with pending parallel actions.
01.01.2007
Pretrial Settlement for Large Oil and Gas Company
01.01.2007
Obtained a pretrial dismissal of a case broght as a putative nationwide class action and settled two other cases as national class-action counsel for Whirlpool.
01.01.2007
Summary Judgment on ERISA Class Action for Major Manufacturer
01.01.2007
Obtained the dismissal of a class action brought in U.S.D.C. for the District of Colorado against a national financial institution accused of disciminatory lending practices.
01.01.2007
Obtained a temporary restraining order to stop a former employee of a health care third party administrator from contacting customers
01.01.2007
Summary Judgment for Two Prominent Insurers
01.01.2007
Summary Judgment in Insurance Carrier Class Action
01.01.2007
Won a jury defense verdict in the first asbestos case tried to verdict in Boston in 10 years. The case was closely watched by equipment manufacturers whose products were insulated with asbestos by third parties.
01.01.2007
Summary Judgment in Dietary Supplement Wrongful-Death Case
01.01.2007
Obtained pretrial dismissals or summary judgments in multiple product liability cases as national counsel for a major pharmaceutical company that manufactures and markets a highly effective antidepressant.
01.01.2007
Won a jury defense verdict in a wrongful death case after being asked to step in and defend a hospital just two weeks before trial was set to begin.
01.01.2007
The Colorado Court of Appeals affirmed the dismissal of wrongful death claims against four doctors.
01.01.2007
Summitville Gold Mine Summary Judgment for Subcontractor
01.01.2007
Represented a non-partisan group of Colorado voters challenging the Secretary of State regarding the security and accuracy of direct record electronic voting machines.
01.01.2007
Won a reversal and a new trial on the punitive damages phase of a product liability case originally tried by another firm in 1998. Persuaded the second jury to award only one-third of the amount awarded in the initial trial. -
White v. Ford Motor Co.
, 500 F.3d 963 (9th Cir. 2007)
01.01.2007
Campbell v. Allstate Ins. Co.
, 252 Fed App'x 189 (10th Cir. 2007). Summary judgment affirmed.
01.01.2007
Estate of Hill v. Allstate
, 479 F.3d 735 (10th Cir. 2007)
10.19.2006
Conroy v. Dennis, Colorado Secretary of State
, No. 06-CV-6072 (Colo. Oct. 19, 2006)
06.16.2006
Thompson's Auto & Truck Center, Inc. v. DaimlerChrysler Motors Company, LLC
, Protest No. PR-1965-05 (Cal. NMVB June 16, 2006)
01.01.2006
DaimlerChrysler Motors Co. v. Lew Williams, Inc.
, 48 Cal. Rptr. 3d 233 (Cal. Ct. App. 2006)
01.01.2006
Preserved a class-certification victory in the U.S. Supreme Court in a matter involving class damages claims of $900M brought against WTO's client, a large network of auto dealerships, for allegedly violating the Telephone Consumer Protection Act.
01.01.2006
Defeated numerous attempts to certify class actions against insurance companies on claims that the companies had to comply with Colorado insurance laws.
01.01.2006
Persuaded plaintiffs to dismiss without settlement all claims involving an antidepressant manufactured by WTO's client, a Fortune 100 pharmaceutical company.
01.01.2006
Defended telecommunications company from corporate customer's fraud claim and favorably resolved the company's breach-of-contract claim against the customer.
01.01.2006
Resolved a commercial landlord's breach-of-lease claim in terms favorable to WTO's client, a major wireless telecommunications provider.
01.01.2006
Defended a Fortune 500 energy company in a federal ERISA class action involving the company's conversion to a cash-balance pension plan.
01.01.2006
Defended a national financial institution in a federal lending-practices class action lawsuit.
01.01.2006
Defended the State of Colorado Pension Trust's Board of Directors against claims by 64 retirees seeking recovery of pension benefits.
01.01.2006
Represented a major federal contractor in a pattern-and-practice EEOC investigation relating to alleged discrimination issues.
01.01.2006
Won a precedent-setting decision for client, an automobile manufacturer, in a case involving the unauthorized relocation of one of its dealerships.
01.01.2006
U.S. Tenth Circuit Denies Modification of Insurance Contract to Add PIP Benefits Following Accident
01.01.2006
Obtained summary judgment in a declaratory judgment action for a commercial and professional liability insurer that claimed no duty to defend its insured against a multimillion-dollar claim from the government.
01.01.2006
Resolved Multimillion-Dollar Bad-Faith Life Insurance Claim
01.01.2006
Defended a bad-faith claim made by a financial services firm facing a $100M extra-contractual liability in a class action.
01.01.2006
Negotiated a $1.2M settlement in a New Mexico crashworthiness case involving five deaths at a time when New Mexico allowed value-of-life damages in addition to economic and non-economic damages.
01.01.2006
Obtained partial summary judgment and a 99% rduction in a $150M damage claim against a large national law firm sued for legal malpractice, conspiracy, and RICO violations.
01.01.2006
Won jury defense verdict in a medical malpractice wrongful death case against a hospital.
01.01.2006
Moore v. Bertuzzi, The Vancouver Canucks Hockey Club et al.
01.01.2006
Obtained summary judgment in a legal malpractice case claiming $5M in damages
01.01.2006
Auto Stiegler, Inc. v. Mercedes-Benz USA, LLC
, No. CV04-7261 (C.D. Cal. 2006)
01.01.2006
Won a verdict on remand by the Alaska Supreme Court in a case involving claims of misrepresentation and breach of contract against WTO's client, DaimlerChrysler. -
Anchorage Chrysler Center, Inc. v. DaimlerChrysler Corp.
, 129 P.3d 905 (Alaska 2006)
12.29.2005
Bloomington Chrysler Jeep Eagle, Inc. v. DaimlerChrysler Motor Co., L.L.C.
, No. 01-1222 RHK/JJG, 2005 WL 3577133 (D. Minn Dec. 29, 2005)
05.26.2005
DaimlerChrysler Motors Co. v. Mississippi Motor Vehicle Comm'n
, Civil Action No. 2005-0185 (Miss. Lincoln County Ch. Ct. May 26, 2005)
01.01.2005
Perez Investments, Inc. v. DaimlerChrysler Motors Corp.
, No 03-0033LIC (Texas Dep't of Motor Vehicles 2005)
01.01.2005
Won jury defense verdict in Texas state court for an automobile manufacturer and its local dealer in a $50M product liability case brought by two parties injured in a rollover accident that occurred after a tire de-treaded.
01.01.2005
Won jury defense verdict for automobile manufacturer and its local dealer in a $200M product liability claim that the vehicle was defetive in its steering and stability, which led to a rollover crash.
01.01.2005
Won a jury defense verdict in U.S.D.C. for the District of Colorado for an automobile manufacturer in a wrongful death crashworthiness case.
01.01.2005
Successfully defended against class certification in a Federal Telephone Consumer Protection Act claim brought against WTO's client, an automobile dealership.
01.01.2005
Won a jury defense verdict for a limited liability company whose members claimed the distribution of funds made in 2001 violated the company's operating agreement. -
Unger v. St. Vrain Partners
01.01.2005
Defended Silverton Mountain against claims brought by adjacent landowner/competitor. Plaintiff sought damages and injunction to shut down ski area based on allegations of trespasses caused by client's avalanche control work. WTO won defense verdict. -
Silverton Mountain, LLC v. Core Mt. Enterprises
01.01.2005
Rule 12(b) Dismissal of Legal Malpractice Case
12.16.2004
Eghtesad v. DaimlerChrysler
, Protest No. PR-1928-04 (Cal. NMVB Dec. 16, 2004)
11.22.2004
Ducek v. Pfizer
, Pfizer Granted Summary Judgment in Case Alleging Popular Antidepressant Caused Suicide.
06.21.2004
DaimlerChrysler Motors Co. v. Granger Motors, Inc.
, Docket No. 03DOTDR057 (Iowa DIA June 21, 2004)
03.26.2004
Sliman's Sales & Service, Inc. v. DaimlerChrysler Motors Co.
, No. 02-12-MVDB-272-J (Ohio MVDB Mar. 26, 2004)
01.01.2004
Lamarque Dodge, Inc. v. Julian Graham Dodge, Inc.
, 887 So.2d 574 (La. Ct. App. 2004)
01.01.2004
Vastano v. AT&T Wireless Class Action
09.29.2003
Kaske v. State of Colorado Department of Transportation
08.21.2003
Crauwels v. A.B. Volvo
02.05.2003
Taylor v. Solvay Pharmaceutical
01.10.2003
DaimlerChrysler Motors Corp. v. Susan Schein Chrysler, Plymouth, Dodge, Inc.
, 853 So.2d 925 (Ala. 2003)
12.18.2002
Duarte & Witting, Inc. v. New Motor Vehicle Bd.
, 128 Cal. Rptr. 2d 501 (Cal. Ct. App. 2002)
08.09.2002
McGill/Paige v. Ford Motor Co.
06.21.2002
Estrada v. Nissan North America, Inc.
05.28.2002
Clutter Motors, Inc. v. Antelope Valley Nissan, Inc.
, No. BC 224 799 (Cal. Sup. Ct. County of Los Angeles 2002)
02.07.2002
Miller v. Pfizer Inc
01.29.2002
Smith v. Allied
01.04.2002
Kenwood Lincoln-Mercury, Inc. v. DaimlerChrysler Corp.
, No. C-000784, 2002 WL 10073 (Ohio Ct. App. Jan. 4, 2002)
12.20.2001
Motus v. Pfizer Inc
09.28.2001
Grimes v. Mazda
09.13.2001
Streeter Imports, Inc. v. Mercedes Benz USA, LLC
, No. 01-00866A (Nev. 1st Jud. Dist. Sept. 13, 2001); appeal dismissed, 105 P.3d 818 (Nev. 2001) (Table, No. 38489)
07.11.2001
Clutter Motors, Inc. v. DaimlerChrysler Corp.
, No. P-440-01 (Cal. NMVB July 11, 2001)
09.08.2000
Northview Motors, Inc. v. Chrysler Motors Corp.
, 227 F. 3d 78 (3d Cir. 2000)
06.27.2000
Bronk v. Mountain States Telephone & Telegraph
05.22.2000
Geier v. American Honda Co.
01.13.2000
General Motors Corp. v. Monte Zinn Chevrolet Co.
, 736 N.E.2d 62 (Ohio App. 10th Dist. 2000)
01.01.2000
Chrysler Corp., v. Lee Janssen Motor Co.
, 619 N.W.2d 78 (Neb. Ct. App. 2000)
03.30.1999
Jarvis v. US WEST
03.02.1999
Shamrock Motors, Inc. v. Chrysler Corp.
, 974 P.2d 1154 (Mont. 1999)
12.15.1998
Colonial Dodge v. Chrysler Corp.
, Nos. PR-1584-97, 1585-97, 1586-97 (Cal. NMVB Dec. 15, 1998)
04.17.1998
Westside-Marrero Jeep Eagle, Inc. v. Chrysler Corp.
, No. CIV. A. 97-3012, 1998 WL 186705 and 1998 WL 186728 (April 17, 1998 E.D. La.)
01.14.1998
Chrysler Int'l Corp., v. Cherokee Export Co.
, 134 F.3d 738 (6th Cir. 1998)
12.04.1997
Tebbetts v. Ford Motor Co.
11.13.1997
LeJeune v. Ford Motor Co.
06.20.1997
Martinez v. Ford Motor Co.
06.17.1997
White v. BMW of North America
06.09.1997
Lebouef v. Ford Motor Co.
05.30.1997
Diaz v. Ford Motor Co.
05.30.1997
Wolfe v. Ford Motor Co.
05.23.1997
Maez v. Mountain States Telephone & Telegraph
05.08.1997
DeMarco v. Ford Motor Co.
04.03.1997
Barnhill v. Ford Motor Co.
02.26.1997
Hubbard v. Ford Motor Co.
02.18.1997
Turnquest v. Ford Motor Co.
03.22.1996
Wofford v. Ford Motor Co.
03.13.1996
Waters v. Ford Motor Co.
03.06.1996
Obtained a favorable decision on federal preemption grounds in a no-airbag case. -
Angelopolus v. Ford Motor Co.
01.31.1996
Martin v. Ford Motor Co.
01.31.1996
Teitloff v. Valcon Materials Co.
09.24.1995
Obtained reversal in Ninth Circuit Court of Appeals of trial court's refusal to send contract dispute to arbitration. Successfully resolved case on behalf of client, a telecommunications company, after the Ninth Circuit ruling.
09.08.1995
Brandon Chrysler Plymouth Jeep Eagle, Inc. v. Chrysler Corp.
, 898 F.Supp. 858 (M.D. Fla. 1995)
01.01.1995
Chrysler Corp. v. Lee Janssen Motor Co.
, 534 N.W. 2d 568 (Neb. 1995)
01.12.1994
Men-Guer Chrysler-Plymouth, Inc. v. Chrysler Corp.
, Nos. 92-3923, 92-3924, 1994 WL 7609 (6th Cir. Jan 12, 1994)
12.20.1993
Winters v. Ford Motor Co.
09.01.1993
Garza v. Ford Motor Co.
07.01.1993
Wright v. Ford Motor Co.
01.27.1993
Marrs v. Ford Motor Co.
11.16.1992
Shrum v. Ford Motor Co.
04.27.1992
Helm v. Toyota
11.30.1991
Zavala v. General Motors
01.30.1990
Ray Slavin Ford, Inc. v. Ford Motor Co.
01.18.1990
Spulak v. K Mart Corp.
12.08.1989
Doherty v. Ford Motor Co.
08.09.1989
Slay v. Ford Motor Co.
10.11.1988
La Casa Nino, Inc. v. Plaza Esteban
Represented a Fortune 500 company as national trial counsel for 400 claims and lawsuits involving one of its medical device products.
Represent Fortune 500 Manufacturer as National Coordinating Counsel for 3,000 Asbestos Cases
Represent lawyers and law firms throughout the United States in defending legal malpractice claims.
Prevailed in Over 50 APIP Insurance Cases in Colorado
Macko v. Ford Motor Co.
Binakonsky v. Ford Motor Co.
Oja v. Howmedica Inc.
Montag v. Honda Motor Co., Ltd.
Nguyen v. Whirlpool Corporation
Harris v. Ford Motor Co.
Maheu v. Summa Corp.
State of Indiana v. Ford Motor Co.
Steenbergen v. Ford Motor Co.
Gray v. Ford Motor Co.
Williams v. Whirlpool Corporation
Defended Conoco against claims by the town of Castle Rock, Colorado that a leaking Conoco underground storage tank had contaminated the town's municipal drinking water. Following a six-week trial, the jury returned a defense verdict for Conoco. -
Castle Rock v. Conoco
Represented BDO Seidman in shareholder suit that claimed securities fraud and a negligent audit by the company's accountants. Persuaded the plaintiffs the audit process could not have uncovered the manipulation, and plaintiffs dismissed their claims. -
Laser Tech v. BDO Seidman LLP
A competitor claimed that client FMC-Jetway was unfairly monopolizing the worldwide market for airline passenger boarding bridges. The U.S.D.C., Eastern District of Texas granted summary judgment in favor of Jetway, and the Fifth Circuit affirmed. -
Stearns v. Jetway
Taylor v. Charter Medical Corporation
Settled toxic tort litigation brought against Conoco by the City and County of Denver regarding the contamination and cleanup of Denver's former airport. -
Denver v. Conoco
Settled CERCLA litigation brought against Coors by the City and County of Denver regarding Lowry Landfill. -
Denver v. Coors
Settled trademark/antitrust litigation regarding nationwide market for distribution of greeting cards. -
Rieder v. Hallmark
An adjacent refinery brought toxic tort litigation against client Conoco relating to the joint remediation of their adjacent oil refineries. -
Diamond Shamrock v. Conoco
Plaintiff brought personal injury claims relating to an accident at a Conoco refinery. Plaintiff prevailed in a seven-day jury trial, but the case was later reversed by the Colorado Court of Appeals. -
Scott v. Conoco
Settled accounting malpractice litigation relating to the embezzlement of $10 million by company's president. -
Cornerstone v. BDO Seidman LLP
Newark brought trade secret claims against defendant asserting that Sonoco and its employee had misappropriated trade secrets from Newark. After a three-week trial, Court found defendant had misappropriated Newark's trade secrets. -
Sonoco Products Company v. Newark Paper Products
Mallory Nelson et al. v. Ford Motor Co.
Goulah v. Ford Motor Co.
Hession v. Ford Motor Co.
Obtained summary judgement in product liability case on behalf of Ford Motor Company and defended appeal to the U.S. Court of Appeals for the Eleventh Circuit. -
Araujo v. Ford Motor Co.
Dabydeen v. Ford Motor Co.
Snead v. Ford Motor Co.
Symonette v. Ford Motor Co.
Certified Financial Planners Board v. Wallace
Bonti v. Ford Motor Co.
Burd v. Frey
Murphy v. Ford Motor Co.
Hannah v. Crown Equipment
USAA v. Porsche Cars North America
City of Longmont v. Muir
Colorado Pathology Consultants v. PST Services and PST Products
Represent Medical Device Company as National Trial Counsel for Hundreds of Claims and Lawsuits
Represent Fortune 5 Company as National Resolution Counsel in Hundreds of Cases Pending in Federal Multi-District Litigation and State Courts
Represented Conoco in cost-recovery and cost-allocation litigation relating to the parties' environmental clean-up of adjacent properties. -
Conoco v. Valero
Represented Conoco in breach-of-contract litigation between the parties relating to the environmental clean-up of the parties' contaminated property. -
Total Petroleum v. Conoco
ACE USA
Advanced Bionics - National Trial Counsel
Allstate - Regional Trial and Appellate Counsel
American National Bank
Amica Mutual Insurance Co.
Anheuser-Busch - Regional Trial Counsel
AT&T
Boston Scientific - National Trial Counsel
BP America Production
CenturyLink
Chrysler Group - National Trial Counsel
CNA - National Trial Counsel
ConocoPhillips - Regional Trial Counsel
CoorsTek
COPIC Insurance
Crown Equipment
Dana Corporation - National Trial Counsel
Electrolux
EnCana
FedEx Ground Package System
FMC - Regional Trial Counsel
Ford Motor - National Trial Counsel
Foster Wheeler - National Trial Counsel
Furniture Row
General Electric - National Resolution Counsel
General Electric - National Trial Counsel
Georgia-Pacific
Global Aerospace
Great-West Life & Annuity Insurance
Guidant - National Trial Counsel
Hanover Professionals
Hartford Financial Services
HCA - National Trial Counsel
High net-worth individuals
Honeywell International
Johns Manville
Lawyers and Law Firms
Lifepoint Hospitals
Marriott Hotel Services
Maytag
Mazda
McKesson
Medical Protective - National Trial Counsel
MedStar Health - National Trial Counsel
Mercedes-Benz - National Trial Counsel
Nationwide Insurance
OneBeacon
Pepsi Cola Bottling
PepsiCo
Pfizer
Pfizer - National Trial Counsel
PNC Bank
Premier Insurance - National Trial Counsel
QEP Resources
Quest Diagnostics
Qwest Communications
Sears
Sears Holdings
Spirit AeroSystems Inc.
St. Paul Travelers
Swiss Re - National Trial Counsel
Terex
Toyota - Regional Trial Counsel
United Airlines - Regional Personal Injury Counsel
United States Olympic Committee
Universal Health Services - National Trial Counsel
University of Colorado Health Sciences
USAA
Velan - National Trial Counsel
Vestas Wind Systems
Volvo
Whirlpool - National Trial Counsel
Wyeth/Pfizer
Yum! Brands - National Trial Counsel
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
District of Columbia
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
Tennessee
Texas
Utah
Virginia
Washington
West Virginia
Wisconsin
Wyoming