Litigation

  • Stearn et al. v. Catalus Capital, LLC (USDC Colo.)  Represented lender in federal litigation arising from alleged breach of $29 million Term Sheet.
  • Blakemore v. Butler, et al. Represented investor in fraud, breach of fiduciary duty case arising from investment in a Real Estate Investment Trust (REIT).
  • Pena v. Diversified Adjustment Service Incorporated (USDC AZ)- Obtained summary judgment for debt collection agency in FDCPA case.
  • Ullom v. Doctors Collection Service, Inc. (USDC Colo.) – Obtained dismissal for debt collection agency at Motion to Dismiss stage in FDCPA case.
  • WWF Operating Company v. Aseptic Technology LLC et al Represented co-packer in multi million dollar breach of contract case.
  • Fischer et al. v. Colorow Health Care, LLC, et al. Colorado Court of Appeals; Successfully represented Plaintiff/ Appellees. Issue of first impression regarding strict compliance with statute requiring particular type-face and text in medical services arbitration agreement.
  • Dell v. Inoue, et al. – Successfully represented buyers against real estate brokers claiming commission on sale of property.
  • Inoue v. Cherry Creek Properties, LLC – Represented buyers against real estate brokerage firm for breach of contract and professional negligence.
  • Crooked Stave Co Distr Co LLC v. Elite Brands Of Colo Inc. Successfully represented craft beer distributor in case against former distributor.
  • Crooked Stave Co Distr Co LLC v. Elite Brands Of Colo Inc. (APPEAL) – Successfully defended appeal of underlying District Court case.
  • Frasca Food And Wine Inc v. 1738 Pearl Street LLC – Breach of contract claim against Landlord. Claimed Damages included lost profits. Defendant argued in Motion for Summary Judgment that lost profits were excluded as “consequential damages” and unrecoverable. Plaintiff successfully argued that Colorado law did not foreclose its claim of lost profits.
  • Donahue, Steven v. Christopher Grealish Inc et al. – Successfully defended business against claims of fraud, negligence and abuse of process at Motion to Dismiss stage.
  • Tarah Bailey v. Parisi, et al. – Successfully defended two individuals against claims of malicious prosecution, abuse of process, slander, libel, and assault and battery. Achieved a dismissal of all claims for one client and achieved, via settlement, resolution of all claims against another client and successful resolution of her counterclaims against the Plaintiff.
  • Frasca Food and Wine, et al., v. George M. Karakehian, et al. – Successfully represented our clients in a commercial contract dispute.
  • Mitsubishi Caterpillar Forklift of America v. Richard Cowan, et al.  -Represented Mitsubishi Caterpillar Forklift of America in dealer fraud and alter ego liability case resulting in judgment of $45+ million. In 2008, we obtained a judgment in the hidden assets action entitling our client to recover over $6 million.