Matters

  • First-chaired and prevailed at trial in the United States Bankruptcy Court for the District of Colorado against a company executive on Section 523 claims, including fraud and embezzlement. The court entered judgment in favor of the client in the amount of $2,544,000, plus interest and costs.
  • First-chaired a trial representing two hospitals against the State of Colorado relating to alleged overpayments for Medicaid services and prevailed on all claims.
  • Prevailed on motion for summary judgment on behalf of two hospitals against the State of Colorado Department of Health Care Policy and Financing on 22 claims of alleged overpayments for Medicaid services.
  • Represented company in a multi-million dollar products liability case with international discovery needs.
  • Represented contractor in a multi-million dollar oil pipeline construction dispute.
  • Successfully obtained summary judgment against $3.7 million of alleged debt which was affirmed by the Colorado Court of Appeals.
  • Successfully obtained judgment against former CEO as a sanction for violation of discovery rules and successfully defended against motion to set aside the judgment.
  • Represented company executives and employees and prevailed on motions to dismiss all claims with prejudice.
  • Successfully obtained judgments against two companies for more than $1.6 million in damages.
  • Successfully defended case arising from intellectual property and contract dispute over a technology license agreement in which over $31,000,000 was claimed as damages against the client.
  • Represented hospitals, health systems, and laboratories in Medicaid overpayment and recoupment appeals in multiple states.
  • Represented physician in end-of-employment dispute over compensation with medical center.
  • Represented hospital in wrongful termination litigation with former medical director.
  • Obtained dismissal of numerous complaints and investigations against physicians and other practitioners by state medical boards.
  • Successfully moved to quash subpoenas served on hospitals for patient medical records.
  • Represented law firm and attorneys in a case involving claims of abuse of process and malicious prosecution and prevailed on motion to dismiss all claims with prejudice.
  • Authored the amicus curiae briefs in the Colorado Supreme Court and Colorado Court of Appeals published cases of Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc. The amicus curiae briefs—“friend of the court” briefs—were filed on behalf of a coalition of developers, chambers of commerce, trade organizations, and business organizations, and presented arguments that declarations requiring declarant consent prior to the removal of an arbitration provision are valid and enforceable under the Colorado Common Interest Ownership Act (CCIOA). In the Supreme Court and Court of Appeals opinions, the CCIOA issues echoed the arguments presented in the amicus briefs. The Supreme Court’s published decision addressed a major issue in construction defect law that legislative efforts had failed to accomplish—if a declaration contains a provision requiring the declarant’s consent to remove an arbitration clause, that requirement is enforceable.