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Represented one of the four consolidated plaintiffs in the MiniScribe Securities Litigation in the U.S. District Court for the District of Colorado, involving one of the largest accounting frauds and largest fraud settlements in state history.
Served as lead trial counsel for one of the seven plaintiffs that went to trial in the Phar-Mor securities litigation which was consolidated and tried in the U.S. District Court for the Western District of Pennsylvania, resulting in a multi-million dollar settlement for the client after two months of trial. Reported decision (regarding denial of motion to stay creditors’ actions): 166 B.R. 57 (W.D. Pa. 1994). (Ziegler, Chief J.).
Represented a lessor under a Sublease and Assignment Agreement with respect to defendant’s non-payment of minimum annual advance royalties due under federal coal leases located in Utah. Plaintiff obtained a settlement which resulted in full payment of the royalties due, attorney’s fees, costs, and interest, plus a new overriding royalty on adjacent lands.
Represented the liquidating trustee for the Oren L. Benton bankruptcy estate with regard to claims brought against the Colorado Rockies’ ownership and management entities concerning the scope and terms of the bankruptcy estate’s ownership interest, resulting in the recovery of a confidential sum.
Represented a purchaser of securities with regard to fraud, negligent misrepresentation, Colorado Securities Act, unjust enrichment, estoppel, fraudulent conveyance, and breach of fiduciary duty claims against officers, directors, and other insiders of a company purportedly engaged in business of developing bio-composites projects, in South Africa. Case was favorably settled prior to trial. Reported decision (re: denial of motions to dismiss); 452 F. Supp. 2d 290 (S.D.N.Y. 2006) (Baer, J.).
Represented registered investment advisers and a licensed broker-dealer with regard to the defense of breach of contract and tort claims. Obtained a dismissal of claims on summary judgment. Reported decision (re: dismissal of contract and tort claims on summary judgment); 2005 WL 3527294 (D. Colo.) (Babcock, J.).
Represented a former Allstate insurance agent with regard to tortious interference and breach of implied duties of good faith and fair dealing claims arising out of the attempted sale of an economic interest in a book of business to a new agent. Two-week jury trial resulted in a substantial six-figure verdict for the insurance agent.
Represented a property owner and his assignees with regard to the recovery of title to mining claims and other properties wrongfully seized and conveyed by various third parties. Obtained recoveries pursuant to settlements reached in state court litigation in Gilpin County, Colorado and a bankruptcy court adversary proceeding in the Southern District of Florida.
Represented an elderly couple with regard to breach of contract, fiduciary duty, negligence, and Colorado Securities Act claims brought against a registered investment adviser firm and control persons for mismanagement of a Pension Plan and IRA. Obtained confidential settlement shortly before trial.
Represented a transportation and logistics provider with regard to breach of contract, fraudulent transfer, unlawful distributions to owner, and successor liability claims asserted against a debtor. A one-week bench trial resulted in an order finding in client’s favor on all claims, and recovery of all categories of damages, plus interest, attorney’s fees, and costs.
Represented an engineer/inspector with regard to the defense of claims brought by a general contractor for damages allegedly caused by an alleged failure to detect fraudulently-installed anchor bolts on a state highway bridge project. Obtained dismissal of claims on motion for summary judgment.
Represented an inspecting architect with regard to the defense of claims brought by owners and project lenders for allegedly defective design and construction of a multi-use facility (hotel/condominium/restaurant/ shopping mall) in Steamboat Springs, Colorado, resulting in a favorable settlement prior to trial.
Represented the owner of hunting lodge facilities with regard to construction cost and related matters, resulting in a favorable settlement prior to trial.
Represented a real estate developer group with regard to breach of contract, bad faith, unjust enrichment, negligence, and equitable claims asserted against a shopping center developer that improperly terminated the client’s membership status and wrongly seized its membership interests. A one-week arbitration hearing resulted in an award in excess of $2.0M, finding in client’s favor on all claims and recovery of all categories of damages, plus attorney’s fees and costs.
Represented a real estate developer with regard to the pursuit of breach of contract and promissory estoppel claims asserted with regard to the enforcement of water rights determinations approved by Town staff. Case was favorably settled shortly before Trinity
Represented a real estate developer with regard to breach of contract and promissory estoppel claims asserted with regard to the enforcement of a fill dirt supply agreement with an adjacent landowner/developer. Case was favorably settled prior to trial.
Obtained denial of class certification in a RCRA, Clean Water Act, and mass tort case brought in Wyoming federal district court, which resulted in a significant reduction in, and negligible settlement of plaintiff’s claims; also obtained summary judgment dismissing Clean Water Act claims. Reported decisions (re denial of class certification and dismissal of claims: 33 F.Supp. 2d 969 (D. Wyo. 1998); 33 F.Supp. 2d 981 (D. Wyo. 1998), (Judge Brimmer)
Represented a designer, manufacturer, and distributor of Nordic-style sweaters with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly after commencement of the case.
Represented a designer, manufacturer, and distributor of Nordic-style ski hats and gloves with respect to copyright infringement and trade dress claims brought against a large, national discount retailer, resulting in a favorable settlement shortly before trial.
Represented a knife manufacturer with regard to the defense of a breach of contract claim and the assertion of trademark/trade dress counterclaims. Obtained a favorable settlement on confidential terms shortly after commencement and removal of the case to federal court.
Represented an international communications products supplier in the pursuit of copyright infringement, breach of license agreement, and misappropriation of trade secrets claims. Obtained a large settlement shortly prior to trial.
Participated in six-week jury trial which resulted in a seven-figure jury verdict for an inventor/licensor of patented and other intellectual property (high speed machinery) against a manufacturer/licensee based upon non-payment of royalties and misappropriation of trade secrets.
Represented a transportation and logistics provider with regard to the defense of a trademark infringement case. Obtained dismissal of claims on motions. Reported decision (re: dismissals) 2015 WL 11921401 (S.D. Cal.) (Bencivengo, J.). Following further proceedings on appeal and remand, the case was resolved on confidential terms.
Represented a licensed bail bond agent with regard to breach of contract, bad faith, quantum meruit, promissory estoppel, fraud, non-disclosure, fiduciary duty, and tortious interference claims asserted in connection with defendants’ non-payment of amounts owed under agreements executed for the purchase of the agent’s book of business. Shortly after the court’s denial of defendants’ motion to dismiss, the case was favorably settled for a confidential sum. Reported decision (re denial of motion to dismiss): 2014 WL 463803 (D. Colo.) (Babcock, J.)/p>
Represented an elderly individual with regard to negligence, fiduciary duty, bad faith, and estoppel claims brought against a seller and a servicer of variable annuity contracts, seeking restoration of a Guaranteed Death Benefit improperly terminated without proper notice and assistance. Obtained restoration of the death benefit prior to filing suit.
Represented a church with regard to breach of contract, tortious bad faith, and statutory bad faith claims asserted against an insurance company and an adjuster for their unreasonable denial and delay of benefits relating to wind/hail loss to roof and windows. Obtained a $1.0M settlement soon after filing the case.
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