COVID-Era Advocacy: Trial and litigation results for uncertain times
Wheeler Trigg O’Donnell attorneys have tried three cases to completion during the first months of the pandemic (with two victories and a verdict pending). The firm represents diverse clients in a broad range of high-stakes trials 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.
- Representing a national health and wellness company in a consumer class action related to the closure of massage spas due to COVID-19.
- 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.