COVID-Era Advocacy: Trial and litigation results for uncertain times
Wheeler Trigg O’Donnell attorneys tried three cases to completion during the first months of the pandemic—and won all three. Since then, the firm has continued to represent diverse clients in a broad range of high-stakes trials, arbitrations, and litigation arising from or relating to COVID-19.
WTO's pioneering experience as an early trial leader has led our lawyers to develop best practices to address COVID-19 claims and deliver pandemic-era trial wins for our clients—including a $1.25 billion victory in one of the nation’s first-ever fully remote trials in May 2020. For information on how WTO is addressing the coronavirus pandemic, please visit our COVID-19 Resources Page.
WTO’s COVID-19 litigation experience includes: Remote Trials, Hearings & Depositions | Consumer Class Actions | Mass Torts | Contract Disputes | Excess Carrier Insurance Matters | Real Estate Disputes | Commercial Foreclosure | Healthcare Liability & Counseling | Ski & Recreation Industry Matters | Wrongful Termination Claims
Articles and Presentations
Remote Trials & Oral Arguments
- Won dismissal on summary judgment for an agricultural equipment manufacturer in a product liability case claiming that an allegedly defective combine header amputated the plaintiff's fingers during a routine inspection. WTO argued the briefing remotely.
- Argued remotely and won reversal of a $15 million medical malpractice jury verdict in the Colorado Court of Appeals. The court ruled that the Corporate Practice of Medicine Doctrine precluded the plaintiff's claims against WTO's surgery center client.
- 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.
- United Power, Inc. et al. v. Tri-State Generation & Transmission Ass'n. Inc., No. 19F-0521E (Colo. Public Utilities Commission) - Won a $1.25 billion exit fee dispute for an electric distributor against its generation and transmission provider. The groundbreaking decision followed one of the first remote trials in the nation in the COVID-19 era.
- Represented two former bank employees in a remote preliminary injunction hearing involving claims that the employees violated a non-compete agreement.
- Won a trial verdict for a commercial property management company in a real estate dispute involving a marijuana growing facility. The seven-day trial began in March, 2020, was interrupted by the pandemic, and concluded remotely in July, 2020.
- 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 favorable settlement for a technology company against a supplier that failed to fulfill or refund a $1.5 million order of personal protection equipment (PPE) amid the COVID-19 pandemic.
- Provide legal counseling services to an international industrial gas company regarding pricing strategies in compliance with COVID-19-related state price-gouging laws.
- Provide legal counseling services to one of the world's largest travel and hospitality conglomerates regarding issues of refund policies amid the COVID-19 pandemic.
- Defending a large health system against one of the earliest filed claims in the U.S. involving a COVID-19-related patient death.
- Counseled a healthcare industry insurer on best practices for risk management amid the COVID-19 pandemic.
- Representing a Fortune 50 company facing personal injury and employment claims related to a COVID-19 outbreak.
- Representing a national dermatology practice against wrongful termination and breach of contract claims related to the closure of one of its offices due to COVID-19.
- Serving as national coordinating counsel on COVID-19 property litigation for a major property and casualty insurer.
- Advising a real estate client on how to safeguard its constitutional rights amid governmental overreach related to the COVID-19 pandemic.
- Representing a global commercial real estate company in connection with various issues, including foreclosures and guaranty agreements, related to the COVID-19 economic downturn.