Matters

Appellate

  • Successfully represented two U.S. Secret Service agents in the appellate stages of a civil rights lawsuit, including U.S. Supreme Court representation and briefing leading to a unanimous decision by the U.S. Supreme Court that the agents enjoyed qualified immunity.
  • Successfully represented a healthcare trade association in litigation and appeal of a multi-billion dollar TABOR challenge to a Colorado healthcare funding mechanism.
  • Represented a "gig economy" company in an unemployment compensation audit, culminating in a decision by the Colorado Court of Appeals reversing the state agency's determinations that the company's workers were not independent contractors but employees.
  • Successfully represented numerous employers in appeals of lawsuits by former employees based on federal and state discrimination laws, qui tam, FMLA and other theories.

Energy Litigation

  • Represented two rural landowners in the appellate stages of a lawsuit brought by a petroleum company to condemn a high pressure gasoline pipeline across land that the owners were developing. Unearthed detailed 19th century legislative history from the state archives that convinced the Colorado Supreme Court that petroleum companies lacked statutory authority for certain pipeline condemnations.
  • Successfully represented an oil and gas developer in litigation and appeal of a local government’s attempt to shut down its operations through enactment of a targeted criminal ordinance.
  • Successfully represented an oil and gas developer in litigation and appeal of an activist group’s challenge to its operating agreement with city and permitting.
  • Successfully represented an oil and gas developer in appeal of an administrative challenge to site permitting.

Real Estate Litigation

  • Led pro bono appellate counsel representing descendants of Hispanic settlers in continuing Lobato v. Taylor (Taylor Ranch) litigation.
  • Represented a homeowner in expansive soil construction defect litigation, where coverage turned on principles of equitable subrogation. Obtained appellate reversal of an adverse judgment, leading to a favorable settlement with the builder's insurer.
  • Obtained judicial reformation of a condominium's outdated declarations, which could not be amended through ordinary member voting due to lender consent requirements.
  • Represented excavation contractor in spurious lien action and appeal, including obtaining appellate reversal of the trial court's ruling that the client's disputed mechanic's lien could be summarily removed as a spurious lien.