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Courts

New York

Cases

  • Obtained favorable resolutions and dismissals with prejudice of municipality-based class actions in New York and Minnesota in which plaintiffs sought to certify national and state classes of municipal wastewater facilities.
  • Authored amicus brief on a question certified from the Second Circuit urging New York's highest court not to adopt cross-jurisdictional class action tolling.
  • Representing a leading tire manufacturer as national trial counsel in cases involving alleged manufacturing and design defects in tires.
  • Represented a new-media disrupter in a copyright infringement suit brought by 17 major television broadcast networks, assisting in securing significant victories in both the Southern District of New York and the Second Circuit.
  • Won summary judgment in arbitration for a nation-leading telecom provider in an indemnification dispute with a former subcontractor whose employee filed a class action lawsuit in the Southern District of New York. Though the plaintiff was one classmember among thousands, WTO demonstrated that the subcontractor was liable to indemnify WTO's client for all of its attorneys' fees related to the class action and a pro rata share of the resulting settlement.
  • Won Second Circuit affirmance for a Michelin subsidiary upholding summary judgment from the Southern District of New York. The case involved fraud perpetrated by a former employee and a third party.
  • Won summary judgment for a major manufacturing and engineering corporation against a multimillion-dollar indemnification claim. The litigation involved winning a motion to dismiss a parallel Michigan action and winning summary judgment that was affirmed by the First Department of the New York Appellate Division.
  • Represented Chrysler in a case in which several Chrysler dealers asserted Chrysler failed to comply with an obligation to provide new dealerships following its bankruptcy. Following trial, the court entered judgment for Chrysler.
  • Successfully defended Ford in a fraud case when the United States District Court for the Northern District of New York dismissed the plaintiffs' various consumer fraud claims.
  • Won modification of a child support order on appeal for a pro bono client and domestic abuse victim, establishing a new legal precedent in New York State.

Attorneys

Kate K. Fletcher
Of Counsel - Not Admitted in Colorado
P. 303.244.0138
F. 303.244.1879
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Herman J. Hoying
Of Counsel - Not Admitted in Colorado
P. 303.244.0162
F. 303.244.1879
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Allison R. McLaughlin
Director of Professional Development
P. 303.244.1943
F. 303.244.1879
View Bio

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