Confidential
Nov 11, 2015OUTCOME: Won
We were able to help a business client of ours reach a successful settlement against his former partners.
Joanne P Underhill's Legal Cases (7)
Greenwood Village, CO
Business Lawyer at Greenwood Village, CO
Practice Areas: Business, Litigation ... +2 more
Allen v. Allen
Jan 15, 2010OUTCOME: The girlfriend confessed judgment on the counterclaims. The parties settled a few weeks before trial. The settlement terms are confidential.
Joanne and James Ruterbories helped one of the owners of an HVAC business defend a breach of fiduciary duty lawsuit brought by his brother, the other owner, who had retired from the business but was st ... ill a part owner. During the lawsuit the retired brother died, and his estate continued the lawsuit. During pretrial discovery they discovered that their client's brother and the brother's girlfriend had embezzled millions of dollars from the company. Joanne filed counterclaims for fraud, embezzlement and breach of fiduciary duty against the brother and his girlfriend.
Corey v. Escajeda, 2009 WL 4174859 (Colo.App. 1999)
Nov 25, 2009OUTCOME: The Colorado Court of Appeals affirmed (agreed with the jury verdict), rejecting Dr. Escajeda's legal arguments about the Colorado Medical Practices Act.
Joanne and James Ruterbories helped Dr. Corey obtain a large six-digit jury verdict against her former business partner, who kept her share of the business profits after she became ill with cancer. Th ... e jury found that Dr. Escajeda had breached his fiduciary duty of loyalty to his fellow shareholder by keeping all of the business revenues for himself while she was on a leave of absence from work.
Martinez v. Affordable Housing Network, Inc., 123 P.3d 1201 (Colo. 2005)
Dec 05, 2005OUTCOME: The Colorado Supreme Court ruled that the investors were not bona fide purchasers for value because they had inquiry notice of the defects in their grantor’s title.
Joanne and Jim Underhill and Dana Arvin of their law firm helped homeowners invalidate a quit claim deed they gave a purchaser who defrauded them despite the fact that their home subsequently was sold ... out from under them to real estate investors.
Smith v. Piro
Jun 30, 2002OUTCOME: The parties reached a favorable settlement before trial. The settlement terms are confidential.
Joanne and Jim Underhill helped the minority shareholder of a health care consulting company obtain a fair purchase price for his shares of company stock after he was squeezed out of the company as a d ... irector, officer and employee. They helped him file a lawsuit alleging that the two majority shareholders, directors and officers had breached their fiduciary duties to him, a minority shareholder.
Old Timer, Inc. v. Blackhawk-Central City Sanitation District, 51 F.Supp. 1109 (D.Colo. 1999)
Jun 17, 1999OUTCOME: The parties reached a settlement. The settlement terms are confidential. The sanitation district also purchased the Old Timer's land at fair market value for the new sanitation facility.
Joanne and Jim Underhill helped a Colorado tourist business that showed people how to pan for gold in Clear Creek just outside Central City, Colorado. The local sanitation district was overwhelmed by ... population growth after gambling was introduced into this historic mining town during the early 1990s. The Old Timer, Inc. sued to enforce the federal Clean Water Act after its customers repeatedly found sewage in their gold pans. The filing of the lawsuit spurred the sanitation district to sponsor a bond election to raise money for a modern sewage treatment facility.
Guaranty Savings & Loan Ass'n v. Federal Home Loan Bank Board, 794 F.2d 1339 (8th Cir. 1986)
Jan 01, 1986OUTCOME: The appeals court affirmed (agreed with) the trial court's decision.
Joanne was the lead trial and appellate attorney for the Federal Home Loan Bank Board and the Federal Savings and Loan Insurance Corporation (FSLIC). In this case the board of directors of an insolven ... t savings and loan association sued to get control back after the FSLIC was appointed as receiver for the S&L. The case went to trial only five days after the receiver was appointed. On the third day of trial, the court ruled that the receiver had been appointed properly and was entitled to do its job.
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