Michael L. O'Donnell

Biography

Cases

Trials & Oral Arguments

• Won a directed verdict in a $100 million insurance coverage arbitration involving a novel rectification coverage claim.
• Won a unanimous defense jury verdict for Michelin North America in a $66 million product liability trial in South Carolina. The plaintiffs claimed that an allegedly defective Michelin motorcycle tire caused an accident resulting in catastrophic injuries.
• Won a $1.25 billion exit fee dispute for an electric distributor against its generation and transmission provider.
• As lead national trial counsel to GE Healthcare, successfully argued before the U.S. Judicial Panel on Multidistrict Litigation to defeat plaintiffs' attempt to create an MDL involving gadolinium-based contrast agents.
• Won a complete defense jury verdict for Michelin following a nine-week product liability trial in Florida in which the plaintiffs requested damages between $80 million and $1.2 billion following a rollover accident involving Michelin tires. WTO also won the appeal.
• Won order vacating a $10.87 million property insurance award and disqualifying a national property appraiser, and subsequently won sanctions against the policyholder and its lawyers, and won 99.7% of attorneys' fees and costs.
• Won a unanimous defense verdict for Michelin following a three-week trial in Arizona state court in which the plaintiff demanded $20 million in actual and punitive damages.
• Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to handle a complex patent infringement matter, then sued the firm for negligence and breach of fiduciary duty.
• Represented a Fortune 500 company as national trial counsel for hundreds of product liability claims and lawsuits involving a Class III medical device used to treat abdominal aortic aneurysms.

Major Settlements

• Facilitated a rural electric cooperative's withdrawal from membership in a wholesale cooperative. WTO's client achieved settlement for hundreds of millions of dollars below the wholesaler's demand and can now acquire substantially cheaper and renewable green energy sources for its members.
• Represented Denver International Airport in high-profile claims involving alleged bid rigging and unfair competition relating to a $50 million terminal concessions contract.
• Represented Denver International Airport against the Regional Transportation District in a dispute over cost-sharing agreements involving a new rail line serving the airport.
• Served as national counsel to a global healthcare company in multidistrict litigation involving over 12,000 claims relating to dialysis products. WTO helped develop national resolution strategy, identified bellwether cases, and negotiated settlement of all claims.
• Represented a food distributor in allegations of Listeria contamination resulting in 33 deaths and 146 confirmed cases in one of the largest and deadliest food-borne illness outbreaks in the United States.
• Represent a Fortune 50 company as national resolution counsel in hundreds of cases involving a medical imaging contrast agent alleged to induce a rare disease.
• Represented NBCUniversal and Universal Studios in a negligence and breach of contract action brought by Universal Music Group following a 2008 fire at Universal Studios. The dispute involved nuanced, complex issues including insurance subrogation and collateral source rule questions.
• Obtained partial summary judgment in federal court for a large national law firm that had been sued for malpractice, aiding and abetting, conspiracy, and violations of RICO. The ruling reduced the damage claim from over $150 million to less than $2 million and paved the way for a favorable settlement of the case.

Other Representative Experience

• Serving as national counsel for a major international company in commercial litigation involving over 180 cases of alleged PCB exposure.
• Helped secure a $142 million settlement as liaison counsel to the lead plaintiff in a securities class action against a pharmaceutical company.
• Won three critical summary judgment and Daubert rulings for a major law firm and three lawyers in a legal malpractice case, precluding damages claims in excess of $10M from proceeding to trial and materially lowering the clients' risk going forward.
• Selected as liaison counsel to all distributor defendants in federal multidistrict litigation in California involving vaping products.
• Representing multiple public utility companies in contentious commercial litigation against an energy association with hundreds of millions of dollars at stake.
• Won a landmark federal case in Illinois defining the obligations of lead and liaison counsel in multidistrict litigation.
• Won complete affirmance in the Tenth Circuit of landmark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser, and sanctioning the policyholder and its lawyers for misconduct in connection with the appraisal.
• Represent Skyjack Inc. as national trial counsel in product liability cases involving aerial lift and boom equipment.
• Serving as national coordinating and trial counsel to a cochlear implant manufacturer for the defense of product liability lawsuits involving a Class III medical device used to treat hearing loss.
• 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.
• Obtained a Rule 12(b) dismissal of a complaint filed in federal court in Missouri against a large international law firm. The plaintiffs ultimately obtained an eight-figure jury verdict against the remaining defendants in the case.
• Secured a ruling from a California appeals court affirming the preemption of claims brought against WTO's client for its abdominal stent medical device.
• Obtained a Rule 12(b) dismissal of a malpractice case against five lawyers. The opposing party appealed the dismissal and, while the appeal was pending, the case settled with no payments being made by WTO's clients.
• Obtained summary judgment for a law firm client and an award of attorneys' fees in a legal malpractice case in which the plaintiff sought $7 million in damages. The plaintiff appealed the award of attorneys' fees, and the parties settled the appeal with payments being made to the client.
• Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction and forum non conveniens, and also obtained a six-figure award of attorney's fees and costs in favor of the Canucks organization and against Mr. Moore.
• Awarded complete summary judgment in a legal malpractice case one week before a multi-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.
• Defended AT&T Wireless in a nationwide class action in Colorado state court involving the billing of wireless air time.
• Represent General Electric as national counsel in personal injury matters involving trucks that move oversized loads, including wind turbines.

Publications & Speaking Engagements

Presentations

• Presenter, "What the Hail? Exposing Biased Insurance Appraisers," The 28th Annual ACIC General Counsel Seminar Survey, (July 28, 2017).
• Presenter, "Dealing with Collusion and Fraud in Property Loss Litigation, Litigation Management in a New York Minute - 2016 Edition," The Network of Trial Law Firms, New York, NY, (August 5, 2016).
• Presenter, "Dollars and $ense Negotiating the Pay Raise - Practical Advice from the Decision-Makers," The Association of Corporate Counsel Colorado Chapter CLE and reception, (May 12, 2016).
• "Association of Corporate Counsel: Negotiating the Pay Raise," (May 12, 2016).
• Presenter, "Settling Strategies for MDLs: Getting Started, Setting Values, and Overcoming Obstacles," The Mass Torts Judicial Forum in New York City, (April 15, 2016).
• Presenter, "The Defense Perspective: How Loss Prevention and Firm Management Practices Can Impact Malpractice Claims," Ethics CLE at Wheeler Trigg O'Donnell, (November 19, 2014).
• Presenter, "Managing a Large Casualty Claim," The Advisen Casualty Insights Conference in New York City, (March 27, 2014).
• Presenter, "Avoiding Missteps in Handling Litigation and Other Disputes," Association of Corporate Counsel Colorado Chapter, (December 5, 2012).
• Presenter, "The Trial of a Legal Malpractice Case," The Aon Law Firm Symposium, (October 12, 2012).
• Presenter, "Unique Issues in Mass Torts," University of Denver Sturm College of Law, (November 7, 2011).
• Presenter, "Negotiation," MBA students at McGill University, (October 12, 2011).
• "The Nuts and Bolts of Successor Liability," presented to CAN, (February 10, 2011).
• "Ethics CLE: Avoiding Malpractice," University of Denver Alumni Weekend, (October 14, 2010).
• "Settlement Negotiation Strategies," Continuing Legal Education Seminar, (May 2010).
• "Strategic Management," University of Colorado at Denver MBA Program, (February 2010).
• Presenter, "Deposition Strategy 101," Colorado Defense Lawyers Association CLE Seminar, (December 4, 2009).
• "Leadership," University of Colorado at Denver MBA Program, (December 1, 2009).
• Presenter, "Leadership and Strategic Management," University of Colorado MBA Students, (December 1, 2009).
• Presenter, "Preventing Legal Malpractice, Potential Pitfalls and How to Avoid Them," Colorado Bar Association Continuing Legal Education Seminar, (2009-2013).
• Presenter, "Alternative Dispute Resolution," CAN, (March 2008).
• Presenter, "Appellate Update on Colorado Law," Colorado State Court Trial and Appellate Judges, (September 2007).
• Presenter, "What In-House Counsel Want and How to Give It to Them," The Network of Trial Law Firms, (April 20, 2007).
• Presenter, "Selecting Outside Trial Counsel," Association of Corporate Counsel Colorado Chapter, (March 21, 2007).
• Presenter, "Selection of Outside Counsel," The Network of Trial Law Firms, (April 29, 2006).
• Presenter, "Pharmaceutical Torts Cases in Colorado," Colorado Bar Association and Denver Bar Association CLE Ethical Consideration for Practitioners, (November 3, 2005).
• Presenter, "Punitive Damages," The Network of Trial Law Firms, (October 23, 2004).
• Presenter, "Punitive Damages," 27th Annual Conference of Colorado Defense Lawyers Association, (August 20, 2004).
• Presenter, "Campbell v. State Farm," The Network of Trial Law Firms' Meeting, (Apr. 2003).
• Presenter, "Colorado Civil Justice League Legislative Panel," In conjunction with the American Tort Reform Association Annual Legislative Conference for State Coalition Leaders and Citizens Against Lawsuit Abuse, (November 14, 2002).
• Presenter, "Non-Liability to Non-Participants: A Manufacturer's Duty Should End at the Playing Field, and Not Extend to Criminal Acts," Mealey's Prod. Liab. & Risk, (August 29, 2002).
• Presenter, "Behold the Future: Emerging Areas Including Mold, Cellular Phones, MTBE, Chromium 6, and More," The Future of Mass Tort Litigation in America, (March 23, 2002).
• Presenter, "Ethics and Professionalism in Client Relations," University of Denver Law School, (November 12, 2001).
• Presenter, "Challenging the Admissibility of Medical Causation Opinion Derived From 'Differential Diagnosis - Application of Daubert and Amended FRE 702', The Network of Trial Law Firms, (October 26, 2001).
• Presenter, "Winning by Disqualifying Plaintiff's Experts," The Network of Trial Law Firms, (October 25, 2001).
• Presenter, "Preventing Legal Malpractice," Colorado Bar Association CLE Seminar and Torts Update, (October 9, 1998).
• Presenter, "Colorado Legal Malpractice," The Colorado Bar Association Tort Law Update, (1998).
• Presenter, "Winning the Battle of the Experts," Professional Education Systems Inc., (December 16, 1996).
• Presenter, "Discovery," Colorado Defense Lawyers Association, (August 27, 1994).
• Presenter, "Depositions: Strategies, Tactics and Mechanics," Professional Education Systems Inc., (November 11, 1992).

Articles

• Co-Author, "Trial by Webcam: Tips From a Firsthand Experience," Law360, (May 28, 2020).
• Co-Author, "New Strategies for Defending Professional Liability and Malpractice Cases," Best Practices for Addressing Professional Liability Claims, (July 2015).
• "Managing Product Liability in the Americas," quoted in Financier Worldwide, (September 2009).

Book Chapters

• "Witness Preparation Primer: Inviting a Witness to Provide Truthful and Favorable Testimony," Mastering the Art of Preparing Witnesses, (December 2017).
• "Deconstructing the Key Liability Expert: Strategy and Secrets for Successful Cross-Examination," From the Trenches: Strategies and Tips From 21 of the Nation's Top Trial Lawyers, (2015).

Press

• "World-Class Litigators" – Chambers USA 2024 Ranks WTO
• Michael O'Donnell Named a United States Supreme Court Historical Society Trustee
• 5280 Names 8 WTO Lawyers to 2024 Top Lawyers List
• Law Week Colorado Highlights WTO's Commercial Litigation Practice
• "Governor Wants Colorado High Court to Steer Clear of Tax Measure," Law360, July 5, 2023.
• "Firm Retrospective: The World Has Changed a Lot in 25 Years, But Law Remains Focused on Human Needs," Law Week Colorado
• Unanimous Defense Verdict for Michelin in $66M Tire Trial in South Carolina
• The American Lawyer Interviews New ACTL President Michael O'Donnell
• Michael O'Donnell Inducted as President of The American College of Trial Lawyers
• Chambers USA: WTO "Acts Totally with the Client's Interest at Heart."
• Four WTO Lawyers Named BTI Client Service All-Stars 2020
• Benchmark Litigation 2021 Includes 23 WTO Lawyers
• Lessons Learned From One of Nation's First Virtual Trials
• Chambers USA 2020: WTO Leads Nationwide, Colorado
• Cover Story: Mike O'Donnell #1 in Colorado Super Lawyers
• Six WTO Partners Named 5280 Top Lawyers For 2020
• Law Week Colorado Names Four WTO Partners to 2019 Barrister's Best List
• BTI Names Two WTO Leaders Client Service All-Stars
• Michael O'Donnell Elected Officer of the American College of Trial Lawyers
• Denver Business Journal, "Leaping Lawyers! Why Attorneys are Outpacing Colorado's General Population Growth," August 16, 2018.
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• WTO Leads Top 100 in Colorado Super Lawyers
• WTO Leads Barrister's Best People's Choice Awards
• 26 WTO Lawyers ranked in the 24th Edition of The Best Lawyers in America
• Who's Who Legal Names Seven from WTO for Product Liability Defense
• Chambers USA 2017 recognizes Wheeler Trigg O'Donnell among the top litigation firms nationwide and in Colorado
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Colorado Super Lawyers: Michael O'Donnell #1 for Fifth Straight Year
• Michael O'Donnell Named 2016 Lawyer of the Year
• Michelin Wins Complete Defense Verdict in $80 Million Product Liability Jury Trial in Florida
• 20 WTO Lawyers ranked in the 23rd Edition of The Best Lawyers in America®
• Chambers USA 2016 Ranks WTO Among Top Firms Nationwide and in Colorado
• DRI The Voice, March 30, 2016.
• The Network of Trial Law Firms blog, "Super Lawyers Ranks Michael O'Donnell the #1 Lawyer in Colorado for Fourth consecutive year," March 15, 2016.
• WTO Management Team Wins Three of Three
• Law Week Colorado, "WTO Partners Rack Up Defense Wins," November 30, 2015.
• 20 WTO Lawyers ranked in the 22nd Edition of The Best Lawyers in America®
• Denver Business Journal, "Search Committee Formed to Find Federal Judge in Colorado," August 13, 2015.
• WTO Leads the Nation for Ranked Lawyers in Product Liability & Mass Torts Defense in Chambers USA 2015
• University of Denver Magazine, "Practice-Ready DU Law Grads are Building Colorado's Legal Community," December 15, 2014.
• Best Lawyers® 2015 Ranks 20 WTO Attorneys
• Best Lawyers® Names Two WTO Partners Denver Lawyers of the Year
• Denver Business Journal, "Challenged Golf Fan Walks Tall for Kids," February 21, 2014.
• Denver Business Journal, "Overcoming Obstacles: Golf ‘Legend' Brings His Story, and a Check, to Denver," February 12, 2014.
• Mike O'Donnell Elected Regent of American College of Trial Lawyers
• Law Week Colorado, "Denver Attorney Elected Regent of American College of Trial Lawyers," November 2, 2012.
• Benchmark Litigation 2013 Ranks Seven WTO Partners Among 33 Colorado Litigation Stars
• Denver University Law School, "DU Law Star Mike O'Donnell, JD '79," September 17, 2012.
• Law Week Colorado's 2012 Barrister's Best Recognizes Two WTO Lawyers
• Law Week Colorado, "DU Law Selects Wheeler Trigg Chairman for Alumni Award," July 10, 2012.
• Michael O'Donnell Recognized with DU Sturm College of Law's 2012 Outstanding Alumni Award
• Denver Business Journal, "Wheeler Trigg O'Donnell is Rising to New Heights," June 8, 2012.
• Benchmark Litigation Ranks Six WTO Partners Among 30 Colorado Litigation Stars
• Best Lawyers® Names Michael O'Donnell and Malcolm Wheeler 2012 Denver Lawyers of the Year
• Denver Business Journal, "Early Communication Negates Surprises for Law Firm," July 22, 2011.
• Law Week Colorado, "Lawyers of the Decade: Michael O'Donnell," March 14, 2011.
• Best Lawyers® Names Michael O'Donnell 2011 Denver Legal Malpractice Lawyer of the Year
• Law Week Colorado, "Wheeler Trigg O'Donnell's Michael O'Donnell to Chair College Again," November 25, 2009.
• Denver Business Journal, "Firm Knows Happy Employees Mean Happy Clients," November 22, 2009.
• WTO's Mike O'Donnell Named Colorado Chair of American College of Trial Lawyers
• Denver Business Journal, "Wheeler Trigg Adding O'Donnell to Law Firm Name," May 31, 2009.
• Denver Business Journal, "Law Firm Wheeler Trigg Adds Chairman O'Donnell to Name," May 26, 2009.
• Denver Business Journal, "Law Firm Focuses on ‘The Right Thing,'" November 23, 2008.
• SJ for WTO Medical Device Manufacturer Client Based on Federal Preemption Law
• Mike O'Donnell Colorado Chair of American College of Trial Lawyers
• Denver Business Journal, "O'Donnell Honored," July 20, 2008.
• Colorado Plaintiffs' Lawyers Honor Defense Lawyer Michael O'Donnell
• O'Donnell Chair of Network of Trial Law Firms
• Mike O'Donnell 2004-05 Chair-Elect of Network of Trial Law Firms
• Three WTO Lawyers Nominated for Best of the Bar; Trigg Wins Lifetime Achievement Award

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Teaching Positions

Personal Interests