Nicole L. Jones

Biography

Cases

• Represented a residential treatment facility in New Mexico in 10 cases involving negligence claims including sexual and physical abuse allegations.
• Representing a residential treatment facility in several high exposure sexual torts cases involving allegations against a treatment foster care agency managed by the client, in which plaintiffs are demanding hundreds of millions of dollars.
• Drafted amicus brief for the University of Colorado Law School's Korey Wise Innocence Project, which successfully convinced the Colorado Supreme Court to revisit the standard for appointing indigent pro se criminal defendants post-conviction counsel on a petition alleging ineffective assistance of trial counsel for the failure to investigate forensic evidence. Drafted amicus brief on the merits urging the Court to adopt a pleading standard promoting indigent pro se and incarcerated petitioners access to justice and protecting their right to effective assistance of counsel.
• Secured a very favorable settlement for a fund manager involved in an SEC investigation.
• Won a discovery dispute in federal court regarding information crucial to establishing damages and asserting a defense to the affirmative claims.
• Defending a healthcare professional in a high-profile and potentially high-exposure wrongful death case arising out of the death of a mentally disabled person in a house fire.
• Secured a dismissal with prejudice after drafting a dispositive motion and receiving the plaintiff's concession and stipulation to dismiss the case, which involved negligence claims against a residential treatment facility and allegations of sexual abuse against co-defendants foster care parents and regulatory agency.
• Secured a dismissal with prejudice after drafting and arguing a dispositive motion for a residential treatment facility facing negligence allegations.
• Representing a healthcare billing services company in a $35 million breach of contract case involving improper solicitation of the client's employees, consultants, and former clients and the use of confidential information in a scheme to build a competing billing services company. The client brought counterclaims after learning that the plaintiff was intentionally spoliating evidence in an effort to cover up the scheme.
• Successfully drafted and argued a motion to dismiss claim for civil conspiracy and motion to strike pleadings in case against a residential treatment facility in Arkansas involving allegations of sexual abuse.
• Secured a favorable settlement in a case alleging improper administration of an antipsychotic medication against an addiction and trauma treatment center.
• Represented an Alabama hospital in a medical malpractice case involving wrongful death. The co-defendant, surgeon, was facing murder charges in an unrelated matter at the time.
• Successfully represented one of the nation's largest grocery and foodservice distributors as a direct action plaintiff in antitrust litigation concerning broiler chickens.
• Representing an Arkansas psychiatric facility in a high-exposure wrongful death case.
• Successfully represented a Florida hospital in a medical malpractice case involving injuries allegedly arising from sepsis.

Publications & Speaking Engagements

Articles

• "A Catastrophic Collision: Due Process and Section 363 Free and Clear Asset Sales Meet Head-On in the GM Bankruptcy," 26 J. Bankr. L. & Prac. 183, (November 2017).
• "Citizens United Round II: Campaign Finance Disclosure, the First Amendment, and Expanding Exemptions and Loopholes for Corporate Influence on Elections," 93 Denv. L. Rev. 749, (November 2016).
• "Shareholder Proposals, Director Elections, and Proxy Access: The History of the SEC's Impediments to Shareholder Franchise," 93 Denv. L. Rev. Online 233, (October 2016).

Press

• WTO Urges Colorado Supreme Court to Revisit Standard for Post-Conviction Relief

Other Experience

Legal Memberships, Activities, and Honors

Community Memberships, Activities, and Honors

Personal Interests