Nick represents businesses in all types of commercial and energy litigation. He has substantial experience in complex litigation and has successfully prosecuted and defended multi-million dollar claims at the trial and appellate levels. He also has significant experience with construction personal injury and property damage matters, particularly those involving mobile cranes.
Nick focuses on providing first rate service and works hard to ensure clients never wait long for a response to any question or issue. Nick also makes a point of determining what success looks like to every client and then working backwards to develop the most efficient and economical plan to reach the client’s goal.
When not in the office, you can find Nick playing tennis or guitar, experimenting with new dishes in the kitchen, or reading a good book.
- Secured a temporary restraining order (TRO) to forestall the sale of a property in which the client had a long-term ground lease interest. The TRO allowed the client to intervene in the mechanic’s lien suit and obtain vacation of the Order directing sale of the property.
- Won summary judgment in favor of oil & gas lessor, including award of attorney fees and costs, by demonstrating that the unitized lease expired and reverted back to lessor, despite the absence of an explicit Pugh clause.
- Won reversal on appeal of a summary judgment ruling against the firm’s client, a large crane leasing company based in Illinois. In the process of leasing out a crane, the client asked to be listed as an additional insured on the lessee’s policy. When a worker was injured by the crane, the client tendered its defense to the lessee’s insurer. The insurer rejected the tender and filed a declaratory judgment action. The trial court ruled in favor of the insurer, but the First District Appellate Court reversed, entitling the client to a defense in the underlying personal injury action and past attorney fees.
- Represented a crane rental company whose crane had been severely damaged when it fell into a subterranean void while on a job site. Despite others’ attempts to pin responsibility for the crane collapse on the client, Nick successfully demonstrated that under OSHA regulations and the ANSI B30.5 crane standards, the general contractor was responsible for ensuring adequate ground conditions at the job site, and was thus responsible for the collapse. The matter settled favorably for the client prior to litigation.
- Represented a crane rental company whose crane had been destroyed by fire while on a job site. Nick’s trenchant analysis of the crane lease contract and master service agreement convinced the party responsible for the fire to agree to a favorable settlement prior to litigation.
- Defended a general contractor being sued by a subcontractor in U.S. District Court under multiple theories, including a Trust Fund Statute claim (which could have resulted in an award of treble damages and attorney fees). After extensive briefing, Nick won summary judgment, which resulted in the dismissal of nearly all the subcontractor’s claims. Consequently, the case settled favorably for the client.
- In a case involving an auto insurer’s denial of under insured motorist (UIM) benefits, Nick successfully defended against an appeal by the insured to the Colorado Court of Appeals. In a nod to the persuasiveness of Nick’s argument and the clarity of his writing, the Court’s opinion adopted Nick’s reasoning and analysis as its own.
- In a rear-end auto accident case, Nick second-chaired the state district court jury trial, which resulted in a defense verdict.
- In an auto accident case where Nick’s client had admitted to drinking and driving, Nick first-chaired the county court bench trial, which resulted in a finding of partial liability against the other driver who had not been drinking.