Denver, CO
Appeals Lawyer at Denver, CO
Practice Areas: Appeals, Ethics & Professional Responsibility
OUTCOME: Reversed
In this Rule 23(f) appeal, the Tenth Circuit vacated orders certifying large classes of Kansas and Oklahoma royalty owners who claimed that our client underpaid millions of dollars in royalties. The co ... urt determined that the lower courts failed to follow recent Supreme Court precedent, particularly Wal-Mart v. Dukes, in certifying the classes.
OUTCOME: Affirmed
In a significant victory for our client and for consumer lenders, the Tenth Circuit held that when a bankruptcy trustee avoids a lien, the remedy of avoidance is usually sufficient and a money judgment ... against the creditor is neither required nor appropriate.
OUTCOME: Claim Reinstated
In this case of first impression, the court reinstated our client’s claim for breach of a rental contract and established the method and standard of proof for loss-of-use damages under a commercial ren ... tal contract. The court also upheld summary judgment for our client on plaintiff’s claim under the Colorado Fair Debt Collection Practices Act and awarded our client attorney fees, including appellate fees.
OUTCOME: Affirmed
The Tenth Circuit upheld summary judgment and affirmed our client's right to rescind a $3 million life insurance policy. Addressing an issue of first impression in Colorado, the court upheld our view ... of when an insurer becomes "chargeable with knowledge" of a fact concealed by the insured.
OUTCOME: Client prevailed in both appeals.
In the first appeal in this complex commercial dispute, the Colorado Court of Appeals held that a foreign guarantor was bound to the terms of its guaranty. The court affirmed a $6.7 million judgment f ... or our client and awarded appellate attorney fees. In the second appeal, the Court of Appeals reversed the trial court's denial of our client's requests for post-judgment discovery.
OUTCOME: Affirmed
In these companion product liability cases, the Tenth Circuit upheld prejudgment interest awards from the date of the defective product's installation. These rulings added almost $11 million to the ju ... dgments in our clients' favor.
OUTCOME: Motion Granted
In this government contract dispute, the federal district court adopted our position that federal contract law, not Idaho law, governed whether the plaintiff was entitled to prejudgment interest, resul ... ting in a savings of over $23 million for our client.
OUTCOME: Reversed
In this transfusion-associated AIDS case, the Tennessee Supreme Court reinstated a $4.36 million judgment for our clients. The Court agreed that (1) a hospital had a duty to warn our client that she h ... ad received a blood transfusion and was at risk for contracting HIV, and (2) special proof requirements for negligent infliction of emotional distress claims did not apply to this duty to warn claim. The judgment was worth nearly $6 million at the time of reversal.
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