Theresa Wardon has represented clients in complex commercial, class action, and product liability matters before federal and state courts.
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, Theresa worked in Northwestern's Supreme Court Clinic, where she assisted in the preparation of petitions for certiorari, merits briefs, and moot courts for lawyers arguing before the Court. She also participated in Northwestern's Children and Family Justice Center, where she successfully represented a child facing deportation before an immigration court.
Highlights of Theresa's experience include:
- Served on a trial team in a two-week jury trial resulting in a full defense verdict in a product liability case, in which Theresa took and defended numerous depositions, briefed and argued pre-trial motions, cross-examined a plaintiff and expert at trial, argued jury instructions, and briefed and argued post-trial motions and successful appeal.
- Served on a trial team in a two-week jury trial in a product liability case, in which Theresa took depositions, briefed and argued pre-trial motions, cross-examined four witnesses at trial, including three experts, conducted direct examination of an expert at trial, and argued numerous motions and jury instructions.
- Successfully briefed and argued the appeal of a favorable jury verdict on behalf of an automobile manufacturer in the Colorado Court of Appeals.
- Served as an appellate representative in a two-week jury trial in a product liability matter, and in that capacity, argued motions for directed verdict, evidentiary motions, and jury instructions. Currently serves as lead counsel for post-trial motions and upcoming appeal.
- Successfully represented a Fortune 500 company in defeating class certification in a consumer fraud action where the plaintiffs sought treble damages, in which Theresa served as lead briefing counsel for both the class certification opposition and dispositive motions and took multiple plaintiff depositions and defended expert and corporate representative depositions.
- Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain appliances contained defective electronic control boards that caused the machines to malfunction.
- Briefed and argued the appeal of adverse jury verdict on behalf of an automobile manufacturer in the Tenth Circuit Court of Appeals.
- Represented a large multinational consumer goods manufacturer in several class actions alleging product defect and consumer fraud, in which Theresa has taken deposition and drafted briefs at all stages of litigation, including motions to dismiss, motions to strike class claims, and oppositions to motions for class certification.
- Represented a client in a legal malpractice case that resulted in favorable resolution halfway through the jury trial. Theresa took depositions, briefed and argued pre-trial motions, cross examined expert witnesses at trial, and argued numerous motions and jury instructions.
- Represented an automobile manufacturer in a putative class action involving allegations of consumer fraud.
- Obtained dismissal with prejudice for lack of personal jurisdiction in a contract dispute.
- Obtained summary judgment in an insurance bad faith dispute.
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.
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).
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.
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.
- 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