Won summary judgment for an international shipping company in a putative joint employment class action in federal court in Colorado.
Led appellate strategy in post-trial motions in an oil and gas industry matter which resulted in settlement prior to appeal.
Briefed the contested issue of what constitutes oil production in an oil and gas industry case before the Colorado Court of Appeals.
Suydam v. LFI Fort Pierce, Inc. (Colo. App.) - Represented a temporary staffing agency in the appeal of the largest individual personal injury judgment in Colorado history.
Represented a national market leader in cannabidiol-based wellness products in an emergency petition to the Colorado Supreme Court to reduce the scope of damages available at an impending breach-of-contract trial.
Representing a major North American resort owner and operator in multiple consumer class actions seeking refunds following the company's closure of its ski resorts during the COVID-19 pandemic.
Won a remote trial in federal court in a pro bono case for a foreign national who brought claims involving violations of international kidnapping protections under the Hague Convention. The court ruled that WTO's client's child must be returned to her home country.
Serving as lead counsel for natural gas company in antitrust class action alleging wholesale price manipulation and seeking damages in excess of $2 billion.
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.
Beltran v. Noonan et al. (D. Colo. 2019) - Successfully represented multiple defendants in a $2.1 billion federal antitrust and labor class action challenging the au pair exchange program administered by the Department of State. After four years of litigation, and just two months before trial, WTO helped to negotiate settlement for the defense group, resulting in defendants paying only 3% of the demand.
Won a defense verdict as co-counsel to defeat claims that WTO's oil and gas client owed $400 million to a stakeholder.
Obtained a ruling from the Colorado Court of Appeals overturning the trial court on a complex supersedeas bonding issue that arose out of a successor liability and civil conspiracy case, resulting in an award of approximately $2.5 million in favor of several governmental entities.
Won a defense verdict as co-counsel to defeat $800 million claims in a bet-the-company shareholder dispute involving an oil and gas client.
Oil & Gas Conservation Comm'n v. Martinez (Colo.) - Won a unanimous decision in Colorado's highest court preserving the state's longstanding regulatory approach for the oil and gas industry.
Won a defense verdict in a highly public, multi-week jury trial alleging a wrongful death claim against a recreation industry client following the tragic death of a minor. Successfully defended the appeal.
Snyder v. ACORD, 2019 WL 319407 & 2016 WL 192270 (D. Colo.) - Represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a "monumental" conspiracy, in violation of federal RICO and antitrust laws, and involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison counsel and argued the successful motion for the fee award of more than $1.5 million.
People ex rel. Coffman v. Castle Law Group (Colo.) - Won an emergency, eve-of-trial appeal to the Colorado Supreme Court to preserve core legal claims in a consumer protection case with tens of millions of dollars in potential monetary awards.
Direct Marketing Ass'n v. Brohl (10th Cir.) - On remand from the U.S. Supreme Court, won a judgment upholding sales tax collection rules for e-commerce companies. That judgment set the stage for a Supreme Court decision that fundamentally reshaped e-commerce tax law across the country. Also authored a Supreme Court amicus brief cited in the majority's opinion.
Oasis Legal Finance Group, LLC v. Coffman (Colo.) - Won a unanimous, precedent-setting decision in the Colorado Supreme Court that required the nation's largest consumer litigation finance company to abide by state lending laws.
Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages demand, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.
Won an arbitration award in favor of a law firm client. The arbitrator denied all legal malpractice claims against WTO's client and awarded it unpaid fees, plus interest, attorneys' fees, and costs.
Scoggins v. Encompass Insurance (Colo. App. 2009) - Defended an appeal to the Colorado Court of Appeals that affirmed the trial court's finding that WTO's client, Encompass Insurance, was not liable for the claims brought against it in an insurance case. Subsequently defended the award of costs to WTO's client.
Estate of Hill v. Allstate Insurance, 479 F.3d 735 (10th Cir. 2007) - Won affirmance from the Tenth Circuit of summary judgment for an insurer in a case seeking unlimited no-fault benefits for alleged failure to offer no-fault benefits.
Successfully defended a large Colorado automobile dealer in a consumer class action in which the plaintiffs alleged violations of the federal Telephone Consumer Protection Act and sought hundreds of millions of dollars in damages. The trial court denied class certification, and the Colorado Court of Appeals affirmed that order on appeal, and the Colorado and U.S. Supreme Courts denied certiorari.
Managed litigation for a leading nationwide insurer in bad faith cases related to MedPay coverage in 12 states (Alaska, Colorado, Connecticut, Delaware, Georgia, Montana, New Hampshire, North Carolina, South Carolina, Virginia, West Virginia, Wisconsin) and Washington, D.C.
Won a motion to dismiss one of the nation's largest marijuana manufacturers facing labeling claims in the first class action brought against a marijuana grower in Colorado.