Theresa Wardon represents clients in complex commercial, class action, and product liability matters before federal and state courts. She focuses on defense of product manufacturers in personal injury and class action cases.
A senior associate, Theresa has gained considerable experience taking and defending depositions, briefing and arguing pre-trial motions, and cross-examining witnesses at trial. Theresa currently serves as lead counsel on all post-trial motions and an upcoming appeal in a significant product liability case, and she is also part of the trial team handling a certified class action defense in Ohio.
Before joining the firm, Theresa served as law clerk to The Honorable Neil M. Gorsuch of the United States Court of Appeals for the Tenth Circuit. While in law school, she worked in Northwestern's Supreme Court Clinic and participated in Northwestern's Children and Family Justice Center, where she successfully represented a child facing deportation before an immigration court.
Won a complete defense jury verdict for Whirlpool in a $66 million washing machine class action in federal court in Ohio. Glazer et al v. Whirlpool Corp. (N. Dist. Ohio No. 08-65000, Oct. 30, 2014).
Won complete summary judgment for a major national insurer with potentially over $10 million at stake in Colorado. WTO's client promptly and fully covered a policyholder after a catastrophic 2010 wildfire. Nevertheless, the plaintiff asserted multiple claims. WTO won dismissal of three claims in 2013, but a novel claim survived. Following a successful discovery sanction motion and request to reopen depositions, WTO defeated the final claim in 2014, prior to trial.
Successfully appealed a decision by the Office of the Inspector General, Department of Health and Human Services, to impose on WTO's pro bono client, a Navy nurse and corpsman, a mandatory five-year exclusion from working in any federally funded healthcare program, which jeopardized her Navy service. WTO showed why the decision was not warranted or authorized under current statutes. The Inspector General withdrew the exclusion, dropping the case and allowing our client to return to military service.
Defeated class certification for Nash Finch (now SpartanNash), a Fortune 500 food distribution company, in claims involving common law fraud, civil theft, and violations of the Colorado Consumer Protection Act stemming from complaints about a specific pricing program in various grocery stores. WTO then obtained summary judgment against the 55 named plaintiffs.
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).
Negotiating access rights as part of an entitlement claim in a pro bono effort on behalf of more than two dozen families and landowners in matters relating to a large tract of land originally administered under a land grant dating back to Spanish colonial rule in southern Colorado.
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. Schanel v. Ford, 11-ca-1079, 2012.
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. Schanel v. Ford, 2010-cv-116, El Paso County, CO.
- U.S. District Court for the District of Colorado
- U.S. District Court for the Northern District of Illinois
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Tenth Circuit
Colorado Rising Stars
Civil Litigation Defense, 2012-2014
Law Week Colorado's Up-and-Coming Lawyers
Judge William E. Doyle American Inn of Court
Wheeler Trigg O'Donnell Recruiting Committee
Law Clerk to The Honorable Neil M. Gorsuch, United States Court of Appeals for the Tenth Circuit
The Gathering Place
Board of Directors, 2012-present