What follows is a sample of the Firm's more high-profile cases, most of which had spectacular endings. There have been hundreds more. Our clients, all of whom deserve the Firm's gratitude for the opportunity to speak on their behalf, are in bold.
Hartford Fire Insurance Company v. United States, United States Court of Federal Claims, Case No. 07-774C. Patrick Hustead and Vincent Wegher. The Firm represented Hartford Fire Insurance Company regarding affirmative claims against the United States associated with a Miller Act bond claim initiated by the U.S. Department of Veterans Affairs. Hartford had stepped in as the completing surety on two projects for the VAMC in Denver, Colorado. In completing the projects, Hartford incurred substantial amounts of additional expenses related to work performed on the projects that was out of the scope of the original contracts. Hartford sued the United States in the Court of Federal Claims and the Firm later negotiated a substantial settlement covering the surety’s out-of-pocket and construction expenses.
Home Design Services, Inc. v. B&B Custom Homes, LLC, et al, United States District Court for the District of Colorado, Civil Action No. 1:06-cv-0249. Patrick Hustead and Connor Cantrell. The Firm represented sixteen different Defendants in a complex copyright infringement case in Federal Court. The Plaintiff accused our clients of infringing the Plaintiff’s copyrighted architectural designs and claimed tens of millions in damages. It took nearly three years to convince the Plaintiff’s lawyers that the Firm was prepared to try the case, and HLF eventually settled the case for a fraction of the Plaintiff’s initial demands.
Mark Popejoy v. Steamboat Property Maintenance, Inc., Routt County District Court, Civil Action No. 04CV178. Patrick Hustead and Connor Cantrell. The Firm negotiated a major settlement for its client, Steamboat Property Maintenance, staving off bankruptcy and protecting them from years of heartache. When HLF became involved, Steamboat Property Maintenance had already incurred a $13 million default judgment for failing to appear. Using a little-known exception to the Rules and case law from the early 1900s, the Firm convinced the Plaintiff to set aside the judgment and dismiss the case for pennies on the dollar.
Thermo Development, Inc. and Thermo Development Two, Inc. v. Division 7 Construction Co., Inc., et al., Denver County District Court, Civil Action No. 06CV6821. Patrick Hustead and Christian Schmidt. Victorious Summary Judgment in a construction defect case against the Firm’s client, a sealant contractor. The Firm successfully defeated the Plaintiffs - developers of a condominium complex in Denver, Colorado – by successfully applying Colorado’s Statute of Repose. Case dismissed.
Johnstown Feed & Seed, Inc., et al. v. Ronald D. Heimann d/b/a RC Welding, et al., Weld County District Court, Civil Action No. 05CV2379. Patrick Hustead and Chris Yvars. Major jury trial win in a hotly disputed fire case involving the almost total destruction of a feed mill in north central Colorado. The Firm represented one of the two Defendants, both of whom were welders that had worked at the mill on the date of the fire. We offered $750,000 (as did the other welder, for a total of $1,500,000). The Plaintiffs rejected it, and at trial asked for over $13 million. The jury agreed with the Firm, and awarded the Plaintiffs nothing. We have asked the Court to award our client approximately $250,000 in costs.
Harry Ptasynski v. CO2 Claims Coalition, LLC, et al., US District Court for the District of Colorado, Civil Action No. 02CV00830 WDM-MEH. Patrick Hustead. Jury trial win in a complex oil and gas case against owners of mineral rights in the McElmo Dome CO2 Production Field in southwest Colorado. Plaintiff was a dissatisfied former member of a coalition of mineral rights owners which was formed to pursue major oil companies, including Shell and Chevron, for fraud in the sale of CO2. The underlying case settled for over $25 million. In this case, the Plaintiff accused the Firm’s clients of fraud and conspiracy and sought several million dollars in damages. We offered $125,000.00. The Plaintiff rejected it. That was a mistake, because the Federal Court jury came back and gave them nothing.
Certain Underwriters at Lloyd’s, London v. American Family Mutual Insurance Company, U.S. District Court for the District of Colorado, Civil Action No. 06CV01767 MSK-MJW. Patrick Hustead and Melissa Shisler. Big victory for Underwriters at Lloyd’s and the Firm in a declaratory judgment action resulting from a fire which occurred in a four-plex townhome building. The Insured, Washington Park Townhome Association, had duplicate coverage for the property at issue. American Family took the position that coverage under its policy was excess over Underwriters’ policy and refused to pay. They even rejected our initial offer of $257,000 outright, and offered nothing substantial in response. That was a mistake – the Firm won a judgment well in excess of $300,000.
Boulder Plaza Residential, LLC v. McCrerey & Roberts Construction Company, Inc., Summit Flooring, LLC and Andy Beilicki, et al., Boulder District Court, Civil Action No. 05CV899. Patrick Hustead. Big jury trial win in a construction case against the Firm’s client, a floor installation specialist. The Plaintiff was the owner of a large, luxury condominium complex in downtown Boulder, Colorado. Plaintiff alleged that it was entitled to several million dollars in damages. After a two-week trial, the jury rejected all of the Plaintiff’s claims. Even better, the Firm’s client was awarded the full amount of his counterclaim.
But the real story in this case was in the offers of settlement. The Plaintiff’s last demand was $800,000. HLF offered $300,000.00. Not only did they recover zero, but because of the complete victory, the Court awarded the Firm’s client over $550,000 in fees and costs. The distance between rejecting a $300,000 Offer of Settlement and getting hit for $550,000 is $850,000, not to mention the hundreds of thousands of dollars expended by the Plaintiff in its futile efforts to pursue the case.
Travelers Casualty and Surety Co. v. New Mexico Department of Transportation. Patrick Hustead. The Firm represented Travelers in an affirmative claim against the New Mexico Department of Transportation. At mediation, the Firm negotiated a settlement of the pass-through claims in excess of $600,000.00 and was able to recover a significant portion of the monies paid under the Bond.
Steven H. Herter v. Native Excavating, Inc. and Rick Mewborn, et al., Routt County District Court, Civil Action No. 05CV162. Patrick Hustead and Scott Sweeney. Major settlement involving high exposure liability case resulting from the collapse of a building under construction onto a consultant at the site. Injuries involved multiple back surgeries and traumatic brain injury.
Helen Andrews v. Davide Picard, Constructive Alternatives, Inc. and Laurie Skrederstu, Boulder District Court, Civil Action No. 02CV807 . A residential construction case against a small family owned construction company which specializes in environmentally friendly buildings. The Plaintiff homeowner sued for everything imaginable, including fraud, and made a variety of personal claims against the Defendants for violation of the Colorado Consumer Protection Act, theft, alter ego and fraudulent transfers. Plaintiff alleged that she was entitled to hundreds of thousands of dollars in damages. After a two week trial led by Patrick Hustead, the jury rejected all of the Plaintiff's claims against the individual Defendants. The sole verdict on behalf of the Plaintiff was against the no-asset corporation for breach of contract in the amount of $45,000.00 - less than the $50,000.00 we had offered in settlement prior to the commencement of the trial, and a lot less than their last demand for $200,000.00. The Firm's clients went home very happy individuals.
Granite State Insurance Co. v. Amalgam Enterprises, Inc., Colorado Court of Appeals, Action No. 04CA931. Big win for AIG and the Firm. The Firm represented AIG/Granite State Insurance Co. ("Granite"), in connection with a Lien Substitution Bond that Granite had issued. The Trial Court entered judgment for $287,501.01 against Granite in connection with the bond just nineteen days after Granite intervened in the underlying action so as to raise defenses against the claim. Granite appealed the judgment claiming a due process violation, among other things, and was completely victorious. After oral argument, the Court of Appeals vacated the judgment in its entirety without even remanding it to the trial court. Granite was permanently absolved of any and all liability.
Silverthorne/Dillon Joint Sewer Authority; Town of Silverthorne; and Town of Dillon v. Travelers Casualty and Surety Company of America, et al. Summit County District Court, Action No. 03CV89. Construction case involving $1.7 million expansion of the Blue River Wastewater Treatment Plant in Silverthorne, Colorado. The Silverthorne-Dillon Joint Sewer Authority sued Travelers and its principal for more than $360,000 alleging various claims including bad faith against the surety. The case never made it to trial because the Silverthorne-Dillon Joint Sewer Authority ultimately agreed to settle and pay the surety's principal $265,000 and dismiss all claims against Travelers. That's a big win.
Belfor USA Group, Inc. v. Rocky Mountain Caulking and Waterproofing LLC, et al., Arapahoe County District Court, Action No. 01CV2875. Construction case defending a local subcontractor against a claim by the largest reconstruction company in the world. Big win in the face of scorched-earth tactics. The Plaintiff wanted $1,000,000, and said they would settle for $450,000. The Firm offered $75,000. They rejected it. The Firm tried the case to a jury and won. Not only did the client pay nothing, but it was awarded over $106,000 in damages. The Firm: 1. The Largest Reconstruction Company in the World: 0.
Adair Group, Inc. v. Points of Colorado, American Arbitration Association Construction Arbitration Tribunal, Case No. 77Y1100032302VSS. Another big win, this time against the largest hotel company in the world, Starwood. Five week Arbitration. They withheld $2.5 million from our client at the end of the job, then wanted an additional $2.5 million, but they were ordered to pay our client millions. The Firm: 2. The Largest Hotel Company in the World and The Largest Reconstruction Company in the World: 0.
Globe Indemnity Co. v. Travelers Indemnity Company of Illinois, Northern Insurance Company of New York,St. Paul Fire and Marine Insurance Company and Fidelity & Guaranty Underwriting Company, 2004WL1794509. Big appellate win on behalf of one of the largest insurers in the world. More important, the case has established defenses that will save insurers tens of millions of dollars, all on theories conceived of, and sold to the judiciary by, the Firm.
Maria Conseption Briones Escalara, the Mother of Oscar Briones (Deceased), Gonzolo Dena Bustos, the Father of Oscar Briones (Deceased), and Efren Dena Briones v. Union Insurance Company, .U.S. District Court for the District of Colorado, Civil Action No. 02 -F-1415 (OES). Long-anticipated victory in a hotly contested coverage dispute wherein the unrelenting plaintiffs sought uninsured motorist benefits under a policy to which they had no entitlement. Case won totally on the Firm's motions.
Timothy Behm vs. Aspen Gold, Inc., Lake County District Court, Colorado, Case Number 03CV50. Big premises liability injury case, but we found a hole in their legal theory. Case dismissed on our Motion for Summary Judgment.
Dan Boyle v. Trevor Smith, Woodward Smith, Trina Smith d/b/a Smith Family Enterprises and Comanche Veterinary Hospital, Inc., District Court, Elbert County, Case No. 98-CV-82. Catastrophic brain injury, back injury, and soft tissue claim. Five year battle, big offers made by the Firm, yet a complete defense verdict after a two week jury trial. Even in a case with clear liability against the client. Big win for the Firm.
State Farm Insurance Company/Tracy K. Baker. Represented commercial surety in an ultra-high profile matter concerning the embattled Arapahoe County Clerk and Recorder. No loss.
Colorado Western Insurance Company v. Mirco Technology, Inc., Jefferson County District Court, Case Number 01CV1638. Summary Judgment win for our client in a declaratory judgment action involving a third party coverage dispute. The court found our client had no duty to defend or indemnify the insured against a complex and expensive trade infringement case pending in California.
National American Insurance Company v. Masonry Corp., Robert Villasana, and Marco Villasana, District Court, Denver County, Colorado, Action Number 01CV3543. In this action to recover against the principal of performance and labor and material bonds and the individual indemnitors, the Firm prevailed, resulting in a recorded judgment in favor of our surety client in excess of $260,000.
Burt Buick-Pontiac-GMC Truck, Inc., et al. v. Truck Corral, Inc., et al., District Court, Arapahoe County, Colorado, Case No. 02-CV-642. Commercial surety. Innumerable claimants against client CNA Surety, yet the case resolved without a glitch.
Brian Saupe v. City of Aurora, et al., District Court, Arapahoe County, Colorado, Case No. 02-CV-3902. Employment case. Arose out of the demotion of Plaintiff from the rank of sergeant to the rank of patrol officer in the Aurora Police Department. She got the case dismissed on a Motion to Dismiss including winning attorney's fees against the opposition.
Vigilant Insurance Company v. Blanchard Insurance Group, Inc., et al., District Court, Mesa County, Colorado, Case No. 01-CV-767. Simply a spectacular case involving Firm client Chubb. The Firm secured TRO's and many other forms of relief in this case against an agent allegedly issuing bonds without the knowledge of the surety. Settlement confidential.
Underwriters at Lloyds, London/First Bank Holding Company of Colorado. Fidelity bond case for one of the Firm's oldest clients, Underwriters at Lloyd's, London. The client never paid a dime because the Firm demonstrated that there was no reason for it to do so.
Zeniada Martinez v. Leon Medina, District Court, Las Animas County, Colorado, Action Number 00CV80. The Firm made sure this case was dismissed right out of the blocks, finding a procedural flaw in the Plaintiff's action.
American International Group/Vista Gold Corp. Commercial surety. Complex gold mining case for client AIG. Case resolved with no loss.
Bruce Drachmeister v. 4040 E. Evans, Inc. d/b/a The Deadbeat Club, Inc., District Court, City and County of Denver, Colorado, Case No. 01CV1274. Big bar fight, big injuries, and a big victory for the Firm in a two week jury trial defending the owners of the best nightclubs in Denver.
J.R. Simplot Company v. Legion Indemnity Company, United States District Court, District of Idaho, Case No. CIV 01-0296-S (BLW). The Firm took on Idaho's richest man, with his hyper-aggressive New York law firm at his side, and slugged it out to a standstill - until the Firm's client went broke and the Firm regretfully withdrew.
All American Protective Coating, Inc. v. Dick Anderson Construction, Inc.; and Dick Anderson Construction, Inc. v. Insurance Company of the West, Montana First Judicial District Court, Lewis and Clark County, Case No. BDV 2000-454. Contract surety and bad faith surrounding the refurbishment of the Montana State Capitol building. Excellent settlement on difficult facts.
Westchester Insurance Company, Inc. vs. Front Range Drywall, Inc., District Court, City and County of Denver, Colorado, Case No. 02-CV-0990. Contract surety. Great settlement for the client.
Montana Pride, Inc. v. First Thunder Feeds, Inc., et al., U.S. District Court for the District of Montana (Butte), Case No. 00-CV-26-DWM. Intellectual property case where the Firm eviscerated the opposition primarily due to the unrelenting work of the Firm.
Developers Surety and Indemnity Company v. Chief Construction Specialists, Inc., et al., U.S. District Court for the District of Montana (Butte), Case No. CV-01-66-BU-DWM. More contract surety in Montana with similar positive results.
Bijan Faraji, v. Circuit City Stores, Inc., Americans with Disabilities Act Arbitration. Patrick Hustead was the Arbiter in this case.
K/S Construction Services, Inc. v. Thyssen-Dover Elevator Company, District Court, Boulder County, Colorado, Case No. 2000 CV 1729. Another contract surety victory for the Firm against the largest elevator company in the world.
MCC Construction Corporation v. Masonry Corp., District Court, Denver, Colorado, Case No. 01-CV-3543. Contract surety. A big default and a big indemnity recovery for the contract surety client.
Wilderness Construction Company v. Safeco Insurance Company of America, District Court, City and County of Denver, Colorado, Case No. 01 CV 322 (Arbitration: JAG Case No. 02-18). The type of intellectual battle that defines the Firm. The Firm won a Motion for Summary Judgment concerning the validity of a Release. The issue involved a Release as it pertained to a later payment bond claim due to a bankruptcy trustee asserting a preference claim against the obligee. The Release was found to bar the claim. Big win for a great client.
Marland Court Townhome Owners Association v. Broadmoor Hotel, Inc., District Court, El Paso County, Colorado, Case No. 98 CV 2755 (The Broadmoor Hotel, Inc. v. St. Paul Fire & Marine Insurance Company, JAG No. 02-0296). Defended major insurance client in dispute against the largest and most famous resort in Colorado - The Broadmoor. Excellent settlement.
Oscar Esparza d/b/a Colorado Territory Log Homes v. George Insurance Agency, et al., District Court, El Paso County, Colorado, Case No. 00-CV-3023. Agents E&O defense. The Plaintiff sued George Insurance Agency as a result of United Fire and Casualty denying coverage under his Commercial General Liability policy which Esparza purchased from George. Short story: Case dismissed with prejudice.
King Contracting, Inc. v. Planetary Utilities, et al.; Quality Paving, Inc. v. Planetary Utilities, et al.; Great American Insurance Co v. State of Colorado, et al., District Court, Denver County, Colorado, Case No. 01-CV-6002. Contract surety dispute. The Firm forced the opposition to fully reimburse the client for their losses of about $345,000 plus most of their expenses and fees ($80K out of about $110K). A routine surety case for the Firm - the Firm handled numerous payment bond cases involving innumerable subcontractors. The Firm negotiated a settlement of the affirmative claim on a secondary bond that resulted in an out-of-the-park victory for the client.
Elvira Thomas, State Farm Mutual Automobile Insurance Co., et al. v. Robert Barger, Colorado Commodity Traders, Inc., et al., District Court, Logan County, Colorado, Case No. 00CV183. Commercial truck/multiple wrongful death claims. A dangerous case, but the Firm was successful in transferring the blame to the real parties at fault. Excellent settlement.
American Casualty Company of Reading, Pennsylvania, et al. v. Mountain States Foaming, LLC, District Court, Prowers County, Colorado, Case No. 01-CV-2. Big fire, and another big win against a plaintiff trying to pin it all on the wrong party.
Star Insurance Company a/k/a Connecticut Surety Insurance Co. v. James Gang Enterprises, Inc., et al. District Court, Elbert County, Colorado, Case No. 00-CV-81. The commercial surety claim that would not die until the Firm finally woke everybody up and settled it.
Reliance Insurance Company v. Schuck Communities, Inc., et al.; and Schuck Communities, Inc., et al. v. St. Paul Fire and Marine Insurance Co., U.S. District Court for the District of Colorado (Denver), Case No. 97 CV 3360. The Cedar Heights Community Association, Inc., et al. v. Northern Colorado Video, Inc., et al., El Paso District Court, 97CV3360. Coverage and bad faith. Successfully negotiated a $3.5 million settlement that avoided a $20 million exposure, including almost unlimited exposure for bad faith.
James W. Neal v. RX Marketplace.com, Inc. Another complex intellectual property case for Underwriters at Lloyd's, London. Settlement confidential.
Underwriters at Lloyd's, London/Adolph Coors. First party coverage case based upon allegations of a Coors beer spill that killed thousands of fish in Colorado's Clear Creek. The insurer was right and never paid a cent. Later became a big issue in Pete Coors' Senatorial Campaign.
The Sturgis Area Chamber of Commerce v. Sturgis Rally & Races, Inc., United States District Court, District of South Dakota, Western Division, Case No. 00-5023. Intellectual property case. Involving the famous bike rally in Patrick Hustead's former back yard. Settlement confidential.
Ground Improvement Techniques, Inc., v. Merchants Bonding Company (Mutual), United States District Court for the District of Colorado, Case No. 97-WY-1203-WD. Simply a huge win for the Firm. Complex construction case involving uranium mill tailing remediation. Big win in a month long jury trial in Grand Junction, Colorado. Defeated all claims and won a $6 million dollar affirmative claim against the obligee. Surety made whole even after spending almost $2,000,000 in fees and expenses. Also won a major Motion for Summary Judgment concerning fraud and inducement in the issuance of bonds, resulting in the oft-cited opinion, at 63 F.Supp. 2d 1272 (D.Colo., 1999).
MBR Electric, Inc. v. Charles G. Williams, Inc., et al., U.S. District Court for the District of Colorado (Denver), Case No. 97-D-2675. Big win for the Firm in a surety bad faith case. Two week jury trial. The Firm was brought in a month before trial to try the case. Despite overwhelming odds, it was a total victory. The jury gave the claimant $1.00 for the bad faith claim. The client wrote the check.
Five Star Roofing v. Far West Insurance Company, et al., U.S. District Court for the District of Montana (Billings), Case No. CV-00-75-BLG-JDS. Surety bad faith case. Successfully resolved a complex performance bond claim and surety bad faith case for less than $100,000 arising out of a major construction/defective roof project on a medical center in Montana brought by the Bureau of Indian Affairs.
Nancy Foote v. Fikes Truck Lines, et al., District Court, Douglas County, Colorado, Case No. 99-CV-490. Truck liability. Defended trucking company on claims for brain injury, back injury, etc. stemming from an infamous 20 car pile-up in a Colorado flash-blizzard. Excellent settlement against one of the most aggressive plaintiff's lawyers in Colorado.
Wilma Miller c/b/a Double Diamond Construction v. Mills Construction, Inc., et al., U.S. District Court for the District of South Dakota, Case No. 99-4040. Catastrophic property damage case. Represented a major insurer, Fidelity and Deposit Co, of Maryland, in a complex builder's risk coverage case. Damage control case - and the damage was controlled.
Fernando Holguin, et al. v. The Palace Event Center, LLC, et al., District Court, City and County of Denver, Case No. 99-CV-3728. Highly sensitive sexual assault case. Settlement confidential.
Mark Frederickson v. Estes Park Recreation Center, et al., District Court, Larimer County, Colorado, Case No. 97-CV-578. Liquor liability. Brain injury resulting from brutal beating. Classic defense case that resulted in a fantastic settlement because the Firm was prepared to try the case and win it.
Lloyd Weaver v. Rushmore Waterslide Park, LP, Circuit Court for the Seventh Judicial Circuit, County of Pennington, South Dakota, Case No. 98-1060. Recreation liability. Waterpark accident resulting in amputation. Another great settlement for the Firm's client.
Eddie Buie v. Underwriters at Lloyd's, London, Arkansas Court of Appeals, Case No. CA 01-1360. Complicated first party rescission case in Arkansas with allegations of fraud stemming from the destruction by fire of the insured's business. Case won on a Motion for Summary Judgment, which the Arkansas Court of Appeals later tossed out in a split decision. But the leverage was created and case was settled.
Underwriters at Lloyd's, London/Siebert v. Redell, Circuit Court of Taney County, Missouri, Case No. CV798-0672CC. Another rescission action on behalf of Underwriters at Lloyd's, London, surrounding the apparent intentional burning of a bar in a small town in the Ozarks. Simply a wild case that resulted in an excellent settlement due in large part to the intense investigation and development of facts by the Firm.
Judith Henry-Hobbs v. The Oligarchy Irrigation Company, et al., District Court, Boulder County, Colorado, Case No. 98-CV-2074. Wrongful death by drowning. Incredible settlement after a long, hard battle.
Camas Colorado, Inc. - Bituminous Roadways Division v. Midtown Materials & Storage Co., Inc. and Western Surety Company, District Court, County of Boulder, Colorado, Case No. 97-CV-1846. Contract surety case with a blizzard of claims and a complicated indemnity puzzle. A great resolution that went beyond the client's wildest expectations.
General Electric Company, et al. v. Certain Underwriters at Lloyd's, London, et al., U.S. District Court for the District of Colorado (Denver), Case No. 98-M-1957. Huge case; $165,000,000 at stake. The Firm went alone against three of the biggest law firms in the United States. One from New York, one from Washington, D.C., and one from New Jersey. Issue here was whether GE could attack Underwriters in state court in Colorado for bad faith, which GE desperately desired, or whether GE had to arbitrate their claims in London. GE thus brought it all to the courtroom and after a particularly brutal battle, was sent packing by the Firm. They essentially tried to out-brief and out-intellectualize the Firm, and they failed. The Firm: 1. Three of the biggest Firms in the USA: 0.
USF&G v. Industrial Construction Services, Inc., et al. District Court, City and County of Denver, Colorado, Case No. 97-CV-533. Negotiated indemnity recovery in the neighborhood of $2 million dollars in the face of a very large default involving multiple, complicated, fraudulent conveyances and affirmative claims. Utilizing TROs, injunctions and the Denver Police Department for asset seizure, the surety was made almost whole in a spectacular recovery effort. Multiple contract defaults in complicated prison jobs across the country that were deftly handled and the big liability avoided.
Old Republic Surety Company v. 1st Stop Sporting Goods, a/k/a First Stop Sporting Goods, District Court, County of Larimer, Colorado, Case No. 97-1588-CEM. (United States Bankruptcy Court for the District of Colorado, In re: Marty Moad, d/b/a First Stop Sporting Goods, Case No. 97-16887 SBB d/b/a J&M Enterprises, Chapter 7). Commercial surety. The Firm utilized TRO's and a preliminary injunction to pursue indemnity for the surety.
Boldtech Systems, Inc. v. WOL Online, Inc., et al., District Court, City and County of Denver, Colorado, Case No. 97-CV-5570. Intellectual property case for Underwriters at Lloyd's, London.
Underwriters at Lloyd's, London/Interstate Transportation. Bad faith case. Launched the Firm as the go-to Firm for Underwriters in the Rocky Mountains.
Underwriters at Lloyd's, London/Bolder Technologies Corporation. Intellectual property case for Underwriter's at Lloyd's, London. Unraveled the opposition's case and settled it for peanuts.
Larry Wood v. Lampert Hitch, Inc., District Court, City and County of Denver, Colorado, Case No. 97-CV-4303. Product liability/wrongful death case. Allegations of trailer hitch failure resulting in a fatal rollover. Settled.
Western Surety Company v. State of Colorado, et al., District Court, City and County of Denver, Colorado, Case No. 92-CV-5906; and Danella Construction Corporation of Colorado, Inc. v. Western Surety Company v. Pioneer General Insurance Company v. Centennial Motor Company, et al., District Court, City and County of Denver, Colorado, Case No. 93-CV-2571. Commercial bond case that sprouted into a class action over tens of millions of dollars. Resulted in an appeal, 914 P.2d 451 (Colo. App. 1995). The class action was derailed in a big win for the Firm. After several years the Firm finally proved that the claims were baseless and they never got a dime. Recovered substantially all the fees incurred by the client as well. A total victory.
Mike and Joy Langstaff v. Specialty Stone, et al., District Court, Eagle County, Colorado, Case No. 94-CV-190. Brain injury case. Two week jury trial. It took the jury about 30 minutes to bring back a defense verdict. Total victory.
Contractors Bonding and Insurance Company v. Patricia A. Oliver, District Court, Prowers County, Colorado, Case No. 97-CV-578. Commercial bond case. Excellent settlement.
TIG Insurance Company/Westeel Construction, Inc., U.S. Bankruptcy Court for the District of Colorado, Case No. 96-10515 MSK. Contract surety matter that had it all - hotly contested litigation with the obligee, workouts, takeovers, an indemnity action and a final battle in bankruptcy court.
Board of Trustees for School District No. 69 v. Town of West Yellowstone; and USF&G v. Planet Insurance Company, et al., Montana Eighteenth Judicial District Court, Gallatin County, Case No. DV-94-672. Contract surety. A hard fought, lengthy, complicated, multi-million dollar dispute in a difficult jurisdiction. Everything from the soil compaction to the walls to the shingles on the roof at issue. Delicate situation - surety vs. local school. Plus indemnity. Plus pursuing innumerable subcontractors. Settlement and ultimate recovery so exceeded the client's expectations that the President of the company gave special recognition to the claim specialist who hired the Firm.
Whitefish Sand & Gravel v. Reliance National Indemnity, et al. v. USF&G, et al., U.S. District Court for the District of Montana (Missoula), Case No. 95-120-M-CCL. Seemingly endless battle surrounding the construction of a paved road by the Canadian border near Glacier National Park. The Firm gained invaluable leverage by conceiving of and developing a fraud-based rescission claim on the bond, essentially gutting the opponent's case.
