Construction & Engineering

Cases

• Won a complete victory following a four-day arbitration for the nation's largest beauty and wellness franchisor, which was accused of franchise disclosure violations, violations of unfair competition laws, and breach of contract. WTO also successfully countersued for breach of contract and trade secret misappropriation, obtained preliminary and permanent injunctions, recovered liquidated damages, and secured an award of attorneys' fees and costs.
• Won a motion to dismiss in federal court in Colorado in a matter of first impression for a major industrial manufacturer facing toxic tort and wrongful death claims. WTO's novel arguments resulted in the product liability statute taking precedence for the first time.
• 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.
• Won a jury verdict for Armstrong Steel against claims of false advertising and defamation in a two-week trial in federal court in Colorado. A competitor of Armstrong sought millions of dollars.
• Successfully represented a construction materials manufacturer and installer in several commercial contract and construction defect claims.
• Represented a large steel manufacturer in a case filed by the Attorney General of Colorado alleging significant consumer protection act violations and seeking millions of dollars, resulting in minimal damages awarded.
• Obtained summary judgment in district court in a professional negligence claim against WTO's client, a construction consultant, in a matter related to criminal charges brought against the consultant's client, a utility company.
• Successfully represented a construction management company in a large, public housing development dispute in Texas.
• Won affirmation of a trial court's summary judgment ruling and exposed "pollution for profit" in protracted CERCLA litigation for our engineering client before the Tenth Circuit.
• Successfully defended a major engineering firm against an FLSA class action.
• Defended construction management company Heery International in litigation arising from KB Homes's construction of 277 single family homes for the San Antonio Housing Authority.