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Evan Stephenson

Partner

P. 303.244.1964 | F. 303.244.1879

Biography

An elected member of the American Law Institute, Evan Stephenson focuses his practice on insurance, commercial, and class action litigation, with a particular emphasis on trials and appeals. In each of these areas, he has secured outstanding results for his clients. Based on input from clients, colleagues, and industry peers, Evan is listed in Colorado Super Lawyers and The Best Lawyers in America. Evan serves on the firm's pro bono committee. 

Cases

Trials

Appeals

Class Actions

  • Snyder v. ACORD, 2019 WL 319407 & 2016 WL 192270 (D. Colo.) - Represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a "monumental" conspiracy, in violation of federal RICO and antitrust laws, and involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison counsel and argued the successful motion for the fee award of more than $1.5 million.
  • Won a motion to dismiss with prejudice a putative class action brought against a Fortune 50 insurance company. The court ruled that the client's standard form accurately described the nature of underinsured-motorist insurance coverage and could not support any claim against the client as a matter of law.
  • Tietsworth v. Sears, Roebuck and Co. and Whirlpool Corp. (N.D. Cal. May 4, 2012) - Won denial of certification of a putative nationwide class action complaint alleging that certain Whirlpool washing machines contained defective electronic control boards that caused the machines to malfunction and could potentially cause them to "explode."
  • Won a motion to dismiss one of the nation's largest marijuana manufacturers facing labeling claims in the first class action brought against a marijuana grower in Colorado.

Commercial Litigation

  • Lobato v. Travelers, No. 18-cv-00504-REB-MEH (D. Colo. 2019) - Secured a "walk away" dismissal of a multimillion-dollar underinsured-motorist lawsuit for bad faith and punitive damages. One month before trial, the plaintiffs agreed to drop the lawsuit, and the client paid nothing.
  • Franklin D. Azar & Associates, PC v. Ferguson (Denver Cnty. Dist. Ct. Colo. 2012) - Won a ruling holding that the Azar firm's employment agreement impermissibly restricts the right of departing attorneys to practice law, and rejecting the Azar firm's claim that its "playbook" for litigating cases is a "trade secret."
  • Obtained a favorable confidential settlement for a Fortune 500 product manufacturer in an arbitration. The client sought a multimillion-dollar recovery from a supplier that had breached its indemnity obligations.
  • Defending a Fortune 500 product manufacturer from over $250 million in indemnity claims alleging that its products caused environmental contamination.
  • Representing a national insurance carrier in pursuing over $75 million in losses arising from a wildfire from an at-fault party.
  • Represented a group of investors in an international RICO and fraud action brought in federal court to reclaim governance of an energy company.
  • Defended an energy company from an action brought by a contractor seeking multimillion-dollar recovery arising from a major pipeline construction project.
  • Obtained a favorable settlement for a provider of contract and claims administration services for vehicle service contracts in a lawsuit alleging tortious interference with contractual relations.
  • Represented the former CEO and president of a major internet retailer, and recovered from the defaulting party money owed plus attorney fees on a substantial promissory note.

Other Representative Experience

Publications & Speaking Engagements

Articles

Press

Legal Memberships, Activities, and Honors

American Law Institute, Elected Member
    Restatement of the Law Third, Torts
Martindale-Hubbell AV® Peer Review Rated
Benchmark Litigation
    
40 & Under National Star, 2019
The Best Lawyers in America
    
Insurance Litigation, 2018-2021
    Insurance Law, 2021
Colorado Super Lawyers
    Insurance Coverage, 2019-2020
Colorado Rising Stars
    
Insurance Coverage, 2012-2018
Colorado Civil Justice League
    Lawyer of the Year, 2011
Law Week Colorado 
    
Up-and-Coming Lawyer, 2011
International Association of Defense Counsel
Defense Research Institute
Rex E. Lee Law Society
Honorable Order of Kentucky Colonels, member