Joel S. Neckers

Biography

Cases

Energy

• Served as lead trial counsel in a certified class action arbitration involving an oil and gas royalty accounting dispute.
• Bd. of Cnty. Comm'rs of Boulder Cnty. v. Crestone Peak Res. Operating LLC, No. 19CA2040 (Colorado Ct. App. 2021) - Won a published opinion for Crestone Peak Resources, protecting strategically important aspects of the company's original $900M investment and affirming the trial court's summary judgment rulings for WTO's client after Boulder County sought to invalidate several of the company's oil and gas leases.
• 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.
• Won summary judgment for Crestone Peak Resources against Boulder County in a case involving an attempt to invalidate a key oil and gas lease that would have materially impacted Crestone's $900 million investment, thereby clearing a major hurdle to significant future development.
• Won an arbitration involving a $50 million claim brought by a joint venture partner against WTO's oil and gas company client.
• Served as first chair in a two-week arbitration for a wind turbine manufacturer in a commercial dispute with a supplier.
• Represented an automobile manufacturer and solar energy company in class actions involving consumer fraud and breach of warranty allegations.
• Vestas Blades v. Randall (Colo. 2011) - Won a $4.2 million judgment for a renewable energy client in a civil trial involving an executive's embezzlement from the company.
• Won arbitration, including an award of attorneys' fees, for a closely-held energy company based in Colorado in a case involving interpretation of a shareholder agreement and corporate governance issues.
• Served as an expert witness for oil and gas company in attorneys' fee dispute.

Commercial Litigation

• Representing a global commercial real estate company in connection with various issues, including foreclosures and guaranty agreements, related to the COVID-19 economic downturn.
• Obtained a temporary restraining order for a national bank in a case involving a departing employee who stole trade secrets and breached fiduciary duty.
• 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.
• Obtained summary judgment for a commercial lender resulting in an award of more than $2.5 million, including interest and legal fees, relating to an LLC's default on a condominium development loan.
• Won a bench trial—including an award of attorneys' fees—for a national title insurance company in connection with a case involving the fraudulent sale of property.
• Old Republic National Title Insurance v. Kornegay, 292 P.3d 1111 (Colo. 2012) - Defended an appeal seeking to overturn district court prejudgment writs of attachment and motion dismissing counterclaims in fraud/civil theft case.
• Won multiple temporary restraining orders and motions for preliminary injunctions after evidentiary hearings in cases involving breach of fiduciary duties and breach of contract.
• Served as second-chair in several arbitrations for one of the world's largest automobile manufacturers following the passage of Section 747 of the Consolidated Appropriations Act of 2010.
• Secured early dismissal of financial services company in securities lawsuit.

Class Actions

• Neale v. Volvo Cars of North America, LLC. (No. 10-4407, D. N.J. 2021) - Defeated a third class certification attempt brought by plaintiffs in four states against Volvo in an overly broad putative class action alleging defects in eight Volvo model sunroofs. The ruling is a significant setback to plaintiffs in the 11-year-old case that the court described as "tortured."
• In re Sears, Roebuck & Co. Front-Loading Washer Products Liability Litigation (7th. Cir. 2017) - Won unanimous Seventh Circuit victory in a fee dispute for Whirlpool and Sears arising out of a certified federal class action lawsuit that WTO favorably settled after winning a defense verdict in the bellwether trial of related claims.
• Glazer v. Whirlpool (N.D. Ohio 2014) - Won a complete defense jury verdict for Whirlpool as co-trial counsel in a $66 million certified class action trial in Ohio involving allegedly "moldy" washing machines.
• Brown v. Whirlpool (N.D. Ohio 2014) - Obtained dismissal of class action allegations and 15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
• Tietsworth v. Sears (N.D. Cal. 2013) - Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction.
• Savett v. Whirlpool (N.D. Ohio 2012) - Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were "mislabeled" with the Energy Star logo.

Catastrophic Injury / Wrongful Death

• Won a defense jury verdict in Ohio for two neonatologists facing claims of negligently handling the care of a newborn baby.
• Obtained a favorable jury verdict in South Carolina for a national healthcare company in an admitted liability wrongful death case involving punitive damages.
• Won a defense verdict for a Florida hospital in a three-week medical malpractice trial. The case involved a baby who suffered cerebral palsy after a rare delivery complication. The plaintiff sued the hospital for $7 million, claiming complications could have been avoided had a C-section been performed. The WTO team successfully argued the complication was unpredictable and unpreventable, and the doctors actually saved the mother and child.
• Won a defense verdict for a Washington D.C. hospital in a $40 million medical malpractice lawsuit that involved a baby born with severe brain damage.
• Served as second-chair in a bench trial in Washington State in a lawsuit brought against a corporation and an individual involving allegations related to an alleged traumatic brain injury and secured favorable judgment in an admitted liability case.

Other Representative Experience

• Won a directed verdict on a former senior bank executive's Colorado Wage Claim Act claim and voluntary dismissal of defamation and punitive damages claims for a large regional bank the night before closing arguments after four-plus years of litigation.
• Torberson v. BOKF NA (D. Colo. Aug. 5, 2021 ) - Won complete summary judgment of all seven claims brought against our client in an employment matter involving unsupported allegations of wrongful termination, retaliation, and age discrimination.
• Won three critical summary judgment and Daubert rulings for a major law firm and three lawyers in a legal malpractice case, precluding damages claims in excess of $10M from proceeding to trial and materially lowering the clients' risk going forward.

Publications & Speaking Engagements

Presentations

• "Navigating the New Normal in a Changed Oil & Gas Climate,"Co-Presenter, with Jamie Jost and Kelsey Wasylenky of Jost Energy Law, (January 21, 2021).
• "Breaking Bad, All the Time: White Collar Crime Problems for Business Lawyers," presented at the Network of Trial Law Firm's Litigation Management, Defend and Protect seminar, (November 2013).
• "Not in That Backyard: A Practitioner's Guide to Venue Challenges and Enforcing Forum-Selection Clauses," presented to the International Association of Defense Counsel, (August 21, 2013).

Articles

• "Trial by Webcam: Tips From a Firsthand Experience," Law360, (May 28, 2020).
• "Defending Health-Care Decisions to Juries in a Post-Coronavirus World," DRI's The Voice, Vol. 19, No. 21, (May 27, 2020).
• "Hoping for the Best, While Preparing for the Worst: Addressing Resource Shortages During a Crisis," (March 2020).
• "Some (Minor) Relief In Sight: Secretary Issues 1135 Waiver of EMTALA's Medical Screening and Transfer Requirements," (March 2020).
• "PREP Act: Healthcare Providers, Labs, and Behavioral Facilities May Invoke Immunities Related to Testing and Treatment of Coronavirus Patients," (March 2020).
• "Coronavirus: Inevitable Future Litigation Involving the Healthcare Industry," (March 2020).
• "Your Options When The Coronavirus Impacts Contractual Performance,"(March 2020).
• "An Overview of Cy Pres Distributions of Class Action Settlement Funds," ABA podcast, (April 1, 2016).
• "Defending Rule 30(b)(6) Depositions In Professional Liability Cases," An ExecSense eBook, Digital Thought Leadership, (February 2013).

Press

• Joel Neckers: Law Week Colorado Top Litigators 2021
• Lessons Learned From One of Nation's First Virtual Trials
• Coronavirus Prevention & Client Resources at WTO
• WTO Leads Top 100 in Colorado Super Lawyers
• 42 WTO Lawyers Named to the 2017 Colorado Super Lawyers List
• Law360, "Lawyers Weigh In on High Court's Class Action Ruling," January 20, 2016.
• Law360, "Volvo Seeks Toss of Suit Over Battery-Killing Radio Feature," October 19, 2015.
• Law360, "Sears, Whirlpool Ink Deal to End Some Washer Defect Suits," July 27, 2015.
• Law360, "Consumers Push Justice to Pass Up Whirlpool, Sears Cases," December 6, 2013.
• Law Week Colorado, "Wheeler Trigg O'Donnell Names Five Partners," November 22, 2011.
• Wheeler Trigg O'Donnell Names Five New Partners for 2012

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Personal Interests