Reached a favorable resolution on behalf of the sports franchise in a dispute regarding coverage for workers compensation claims of its former players from the 1960s to the early 1980s.
Litigation
Representation of Colorado PERA in $200 Million Dispute
Jan 01, 2014
OUTCOME:
Prevailed on behalf of Colorado Public Employees’ Retirement Association on summary judgment in a $200 million dispute with the City of Colorado Springs and Memorial Hospital Authority. In February 201...4, the trial court ruled that Memorial must comply with statutory mandates to leave PERA and must pay its withdrawal liability to fund the future benefits of its retirees and employees.
Class action
Defense of Purported Class Action
Jan 01, 2013
OUTCOME: Defeated Class Certification
Defended a group of automobile dealerships facing a purported class action claiming that new cars were equipped in violation of the Colorado Consumer Protection Act. After winning landmark reversals a...t the Colorado Court of Appeals and Supreme Court of the trial court’s initial approval of class treatment, in 2013 the firm defeated Plaintiffs’ second attempt at class certification in the trial court.
Oil and gas
Representation of Leading Oil and Gas Company in a Class Action Royalty Action
Jan 01, 2013
OUTCOME: see case details
Defended one of Colorado’s leading oil and gas companies at trial and on appeal in a class action royalty action in Oklahoma. The case was before the Oklahoma Supreme Court on issues of first impressio...n, including the scope of the duty to prevent uncompensated drainage of natural gas. The firm secured the Oklahoma Supreme Court's reversal of the jury’s $6,850,000 unjust enrichment verdict and trial court’s authorization of a $112,000,000 disgorgement award. H.B. Krug, et al v. Helmerich & Payne, Inc., No. 2013-OK-104 (Okla. Supreme Court 2013); No. 106,845 (Okla. Court of Appeals 2011); No. 98-CJ-6012 (Tulsa County, Okla. 2011).
Insurance
Representation of the current owner of Professional Sports Franchise in Insurance Coverage Dispute
Jan 01, 2012
OUTCOME: Successful resolution
Reached a successful resolution for the current owner of the franchise in an insurance coverage dispute relating to cumulative trauma claims of former players.
Appeals
Representation of AIG subsidiary VALIC in Third CIrcuit Court of Appeals Case
Jan 01, 2010
OUTCOME: Prevailed
Prevailed in the Third Circuit Court of Appeals for AIG subsidiary VALIC that affirmed a significant damage award for VALIC against a former broker for breaching his non-competition covenant. VALIC Fi...nancial Advisors v. Gary Latuszewski, 393 Fed. Appx. 962 (3rd Cir. 2010).
Insurance
Representation of United of Omaha in Bad Faith Denial of Insurance Coverage Claim
Jan 01, 2008
OUTCOME: see case details
Defended United of Omaha, as administrator of the City of Arvada health insurance plan, who denied a claim based on an exclusion for self-inflicted injury made by a teenage girl who shot herself in a s...uicide attempt. After two appeals, United of Omaha retained Reilly Pozner to defend against Plaintiffs’ bad faith denial of insurance coverage claim. In 2007, the Colorado Court of Appeals affirmed summary judgment in favor of United of Omaha, finding that its denial of coverage was not in bad faith. Cary v. United of Omaha Life Insurance Co., 06CA0053 (2008). The Colorado Supreme Court denied certiorari.
Litigation
Representation of DTG Operations (Dollar/Thrifty)
Jan 01, 2007
OUTCOME: Prevailed on motion to dismiss
Prevailed on a motion to dismiss for DTG Operations (Dollar/Thrifty) against a parking lot company seeking to hold rental car companies responsible for the unpaid parking charges of their customers. T...he Colorado Court of Appeals reversed and the car rental companies prevailed at trial. Central Parking System, Inc. v. Avis Rent-A-Car System, Inc., et al., 2007 WL 689471, Colo.App., No. 04CA2704 (March 8, 2007).
Class action
Representation of Plaintiffs in ERISA Class Action
Jan 01, 2000
OUTCOME: see case details
Successfully maintained certification of a class of seven Pioneer Seed Company employees seeking change of control benefits for management employees in an ERISA class action. Ann Bublitz, et al. v. E....I. DuPont de Nemours and Company, et al., No. 00-cv-90247 (S.D. Iowa 2000).
Litigation
Representation of Unionized Retirees in Lawsuit against GenCorp Inc.
Jan 01, 2000
OUTCOME: see case details
Defeated class certification for unionized retirees who sought reinstatement of their prior health benefits from GenCorp. Stanley Wotus, et al v. GenCorp Inc., et al., No. 00-cv-2604 (N.D. Ohio 2000)....