Practice Areas
Industries
Education
Bar and Court Admissions
Representative Clients
Biography
Cases
Insurance
- Won a complete defense judgment for an errors and omissions insurer that was sued for bad faith by an engineering firm. WTO attorneys proved that the policyholder did not comply with all of its policy obligations.
- Won a judgment relieving WTO's client of insurance coverage obligations in 10 separate lawsuits against a physician's estate.
- Won a directed verdict in a $100 million insurance coverage arbitration involving a novel rectification coverage claim.
- Won summary judgment and dismissal with prejudice—including attorney fees—for Allstate in a property damage case involving hail damage.
- Won motion to dismiss with prejudice for Allstate in Colorado District Court in a property insurance matter.
- Won summary judgment on all claims in a bad faith case involving hail damage. The Court agreed with WTO's arguments that the plaintiff violated the insurance policy and that Allstate's actions were reasonable as a matter of law.
- Won reversal of a $3 million property appraisal award against American Family and disqualification of the plaintiff's national property appraiser as well as the umpire on grounds that they were not impartial and failed to disclose directly relevant financial incentives and relationships.
- 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.
- Won reversal and remand of an adverse jury verdict and affirmed sanctions against opposing counsel. The defendant's insurer hired WTO to handle the appeal after the trial judge directed that the defendant be found at least 51% liable, leading the jury to award the plaintiff over $1,000,000.
- Secured a subrogation settlement in excess of $800,000 arising from the 2011 Kappa Alpha Theta house fire at CU Boulder in a case involving allegations of defective installation of cellulose insulation.
- Won order dismissing with prejudice plaintiff's claims arising from denial of insurance benefits. The court adopted WTO's argument that the insurance policy unambiguously excluded coverage for the plaintiff's alleged loss.
- 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.
- Represented a major insurance company in securing declaratory judgment against a former policyholder in a claim related to alleged hail damage.
- Represented insurance company against allegations of bad faith denial of disability claim.
- Hired by insurer to represent individual accused of wrongful death; secured dismissal with prejudice of all claims.
Commercial Litigation
- Won summary judgment in a high-stakes commercial dispute between technology companies. WTO represented 10 of 12 defendants and served as lead counsel for the joint defense. At issue were questions of legality and fraud related to asset management and an outstanding loan owed by a business entity that had dissolved. WTO demonstrated that its clients had been fair and above-board, and that no fraud existed.
- Successfully represented an aerospace supplier in a product liability action involving responsibility for a $10 million cleanup effort at a rocket manufacturing facility.
- Negotiated favorable settlement for an architecture firm as plaintiff in a dispute with a vendor over breach of contract and failure to deliver promised IT services.
- Led investigation of an explosion at a commercial facility that caused personal injuries and damages in excess of $4 million.
- Won a unanimous jury defense verdict in federal court in Colorado for Evenflo Company in a two-week trial involving liability for permanent injuries to a child strapped into an Evenflo car seat during an auto accident. Ultimately, the jury agreed with our argument that the seat saved the child's life rather than caused the child's injuries.
Class Actions
- Won dismissal of a putative class action involving several thousand medically-fragile children asserting claims against a New Mexico health plan.
- Defended a security services provider in a high-stakes wage and hour class action brought in California, resulting in a highly favorable settlement.
- Represented retailers and a manufacturer of certain Maytag clothes washers against class claims that the products were allegedly "mislabeled" with the Energy Star logo.
- Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were "mislabeled" with the Energy Star logo.
- Represented manufacturer of dishwashers alleged to be at risk of overheating.
Publications & Speaking Engagements
- "Your Deal is in Litigation? It's Time to Call Someone Else," Colorado Lawyer, (March 2019).
-
Presenter, "Evaluating Damages Models in Class Actions," ABA Sound Advice Podcast, (February 28, 2018).
- CLE webinar, "Defeating Class Certification by Attacking Plaintiffs' Classwide Damages Models," Strafford Publications, (February 20, 2018).
-
CLE Presentation, "Ethics in Insurance Appraisals," CDLA, (November 30, 2017).
- "Third Circuit Confirms Comcast Still Has Teeth," Law360, (September 1, 2016).
- Co-Author, "Ninth Circuit's Daniel v. Ford Motor Company Decision Dents Defendants' Ability to Defend California Consumer Class Actions," Washington Legal Foundation, (January 29, 2016).
- "A Look at The Latest Damages Model in Food Litigation," Law360 Expert Analysis, (March 19, 2015).
-
Presenter, "Taking a Great Deposition: Tips For Young Lawyers," The ABA Young Advocated Committee, (October 22, 2014).
Press
Other Experience
Gibson, Dunn & Crutcher LLP
Legal Memberships, Activities, and Honors
Colorado Rising Stars
Insurance Coverage, 2020-2022
Defense Research Institute
Colorado Defense Lawyers Association
Colorado Bar Association
Community Memberships, Activities, and Honors
Purple Door Coffee
Secretary, Board of Directors, 2012-2018