Eric L. Robertson

Biography

Cases

• Defeated class certification and won summary judgment a month before trial in a nine-figure, 80,000 member class action brought against a major insurer in Washington. The plaintiffs claimed WTO's client violated an insurance regulation governing how insurers must value total loss vehicles.
• Successfully represented a party in a $2 billion dispute surrounding the future ownership of the Broncos NFL franchise and family trust.
• Won summary judgment against a certified, seven-state class action alleging false labeling and breach of warranty.
• Authored amicus brief on a question certified from the Second Circuit urging New York's highest court not to adopt cross-jurisdictional class action tolling.
• Achieved a highly favorable settlement for an incarcerated pro bono client who had sued the Colorado Department of Corrections in federal court for First Amendment retaliation.
• Authored Rule 23(f) petition for interlocutory review from order partially granting class certification.
• Won an arbitration ruling for $2.9 million, including punitive damages, for an investment fund misled into overpaying for an oil field services company based on misrepresentations made during the sale and omissions made during settlement negotiations regarding the sale.
• Authored petition for permission to appeal under 28 U.S.C. § 1292(b) concerning two important and unsettled questions of class action tolling.
• Drafted a winning motion to dismiss in consumer class action litigation for Whirlpool resulting in exclusion of claims and plaintiffs in 42 states.
• Won Colorado Supreme Court reversal of a unanimous court of appeals ruling in a case of national importance to the insurance industry. In its ruling for Travelers, the Court held that the "notice-prejudice rule" does not apply to "no-voluntary-payment" provisions in insurance policies. This was WTO's fifth consecutive, fully-argued victory before the Colorado Supreme Court in two-and-a-half years. Law360 named Stresscon one of the top five insurance rulings of 2016.
• Authored Rule 23(f) petition for interlocutory review following order partially granting class certification.

Publications & Speaking Engagements

• Presenter, "Damages Models in Consumer Class Actions," The Opposing Class Certification Webinar by Strafford Publications, (August 8, 2019).
• "A Fundamental Right to Read: Reader Privacy Protections in the U.S. Constitution," 82 U. Colo. L. Rev. 307, (2011).

Press

• WTO Amicus Brief Urges U.S. Supreme Court to Revisit Murder Conviction in Case of First Impression
• Wheeler Trigg O'Donnell Elects Six New Partners
• Stresscon a Top-Five Insurance Case of 2016

Other Experience

Legal Memberships, Activities, and Honors