Meghan Frei Berglind

Biography

Cases

Appeals

• Won an affirmance in the Colorado Court of Appeals for a Colorado special ambulance district in a dispute over interfacility patient transfers. The reported decision represented the first time an appellate court interpreted a key requirement of the Colorado Special District Act.
• Prepared and submitted an amicus brief for the Texas Civil Rights Project to the U.S. Court of Appeals for the Fifth Circuit addressing municipal and public officer liability issues raised by challenge to Texas S.B. 12.
• Won a $50 million Colorado Supreme Court victory for Denver International Airport, overturning adverse bench trial and lower appellate court opinions and creating precedent that prohibits putative plaintiffs from using delay tactics to gain an unfair advantage in litigation.
• Successfully defended Colorado's new congressional map to the Colorado Supreme Court in a fast-paced appeal. The appeal raised complicated, novel questions of constitutional law, and was the first time the court applied Colorado's new laws governing congressional redistricting. Over a dozen parties filed briefs, and argument was held less than two weeks after the Commission adopted the map.
• Won a precedent-setting victory in an appeal of a medical malpractice case involving the Colorado Health Care Availability Act's collateral source provision and $1 million damages cap.
• On behalf of a nationwide appliance retail and repair company, successfully defended the constitutionality of a statutory cap on noneconomic damages.
• Represented a national homebuilding company before the Colorado Supreme Court in a case presenting questions of first impression under the economic loss rule.
• Successfully defended a favorable class certification ruling in the Ninth Circuit on behalf of a major shipping logistics company.
• Won before the Colorado Supreme Court in a fast-moving original jurisdiction case for the Colorado Independent Congressional Redistricting Commission. The decision sets critical precedent affirming the Commission's constitutional independence to draw boundaries for Colorado's eight congressional districts before the 2022 election. WTO prevailed for the Commission against Colorado's legislature, governor, attorney general, and secretary of state.
• Represented a temporary staffing agency at certiorari-level review in the appeal of the largest individual personal injury judgment in Colorado history.
• Drafted and filed an amicus brief with the Colorado Supreme Court for the International Association of Defense Counsel that addressed a Colorado trial court's obligation to consider the proportionality of discovery requests under the Colorado Rules of Civil Procedure, 2015 amendments.
• Authored amicus brief for the Product Liability Advisory Council urging affirmance of holding that state law consumer fraud claims against drug manufacturer were preempted under the Supreme Court's impossibility preemption principles.
• Prepared an amicus brief on behalf of the American College of Obstetricians and Gynecologists in case involving the reliability of expert testimony under Colorado law.
• Served as lead counsel in 11 appeals in the U.S. Court of Appeals for the Ninth Circuit. Presented oral arguments in five of these.

Trials & Litigation

• Serve as national coordinating counsel to a major transportation company in collective, class, and individual wage and hour claims.
• Defeated certification in California federal court of a putative class of more than 5,000 who accused WTO's shipping company client of both misclassification and joint employment and sought recovery under a variety of California federal wage and hour laws.
• Defeated an attempt by plaintiffs to convert an FLSA collective action into a hybrid collective/class action through the late addition of state-law class claims.
• Following WTO's successful opposition to class certification for an appliance manufacturer, drafted a comprehensive summary judgment motion in a 10-plaintiff, 7-state case that triggered a favorable non-class settlement.
• Defended against federal employee actions, including arbitrations and actions before the Equal Employment Opportunity Commission and Merit Systems Protection Board.
• Led the legal team defending the Social Security Administration against litigation arising from one of the largest disability fraud schemes in U.S. history, including claims brought under the due process clause of the U.S. Constitution and the Administrative Procedures Act, with litigation reaching the U.S. Court of Appeals for the Sixth Circuit.
• Participated in four jury trials, conducting witness direct and cross examination, and arguing directed verdict motions.

Publications & Speaking Engagements

Presentations

• Co-presenter, "Appellate Preservation in State & Federal Colorado Courts," Denver City Attorney's Office, (August 9, 2023).

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors