Dean S. Neuwirth

Biography

Cases

• Elward et al. v. Electrolux Home Products, Inc. (N.D. Ill. 2020) - Defeated class certification for Electrolux in a consolidated putative class action in Illinois involving millions of the company's dishwashers.
• Defeated a preliminary injunction brought by a former investment executive who sued to nullify a noncompete and launch a competing firm by taking 50 clients representing $200 million in investments. Collaborating with another law firm, WTO showed in a two-day, federal court hearing that the former executive did not meet the requirements for injunctive relief. The Court agreed and denied the motion.
• England v. Amerigas Propane, 395 P.3d 766 (Colo. 2017) - Obtained Colorado Supreme Court reversal of published Colorado Court of Appeals decision denying a client's ability to reopen settlement based on the parties' mutual mistake at time of settlement.
• City of Brighton v. Rodriguez, 318 P.3d 496 (Colo. 2014) - Changed Colorado law, in favor of client and those similarly situated, regarding the compensability of injuries sustained from workplace falls.
• Harris v. Serco Management Services, Inc., No. 10CA2084 (Colo. App. 2012) - Won affirmance of judgment for an FAA contractor against an opposing party seeking $8 million in damages arising from an airplane crash allegedly caused by the contractor.
• Amos v. Aspen Alps 123, LLC, 280 P.3d 1256 (Colo. 2012) - Served as appellate consultant for a corporate entity and formulated a legal argument the Colorado Supreme Court adopted in its opinion in client's favor.
• Core-Mark Midcontinent, Inc. v. Sonitrol Corporation, 300 P.3d 963 (Colo. App. 2012) - Developed winning argument for, and drafted, appellate brief resulting in reversal and remand of a $33.5 million judgment against a corporate client.
• Advantek Pro, Inc. et al. v. ADT Security Services, Inc., No. 10CA0707 (Colo. App. 2011) - Materially participated in preparation of answer brief resulting in affirmance of dismissal of hundreds of millions of dollars in damages alleged against a corporate client.
• D.R. Horton, Inc. v. Bischof & Coffman Construction, 217 P.3d 1262 (Colo. App. 2009) - Won affirmance of trial court order which dismissed, as a discovery sanction, the entirety of a residential developer's $30 million complaint against a client group of 20 subcontractors.
• D.R. Horton, Inc. v. AAA Waterproofing, Inc. et al., 06CA1874 (Colo. App. 2008) - Won affirmance of judgment in favor of a large group of subcontractors against a residential developer's multimillion-dollar claims.
• People v. Wadle, 97 P.3d 932 (Colo. 2004) - Changed Colorado law on standard of appellate review for motions for new trial, obtaining a new trial for the client.
• People v. Kennaugh, 80 P.3d 315 (Colo. 2003) - Changed Colorado law to shorten time limit a business owner, and any other similarly situated person, is required to spend on probation following misdemeanor conviction.
• Beauprez v. Avalos, 42 P.3d 642 (Colo. 2002) - Co-tried a congressional redistricting case after the 2000 census, and then on appeal helped successfully defend the trial court's adoption of the client's redistricting plan, which established Colorado's Seventh Congressional District
• United States v. Louisiana Pacific Corp., 106 F.3d 345 (10th Cir. 1997) - Helped obtain trial court dismissal of a portion of federal Clean Air Act conspiracy charges against a corporation and its plant manager, and then helped successfully defend that dismissal on appeal. The appellate victory materially contributed to satisfactory settlement of the entire case.

Press

• Six WTO Partners Named 5280 Top Lawyers For 2020
• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019

Other Experience

Legal Memberships, Activities, and Honors