Latest News

August 2010
State Farm Mutual Automobile Insurance Company v. Fisher, — F.3d —-, 2010 WL 3312841 (10th Cir.). Another corporate win for Marc Levy and Scot Kreider. Mr. Levy and Mr. Kreider represented State Farm Mutual Automobile Insurance Company in an important case before the United States Court of Appeals, Tenth Circuit. A high school student sought a ride from friends because she was concerned with the conduct of her ex-boyfriend. The ex-boyfriend followed and rammed the vehicle in which the high school student was a passenger. Then, the ex-boyfriend fired a shotgun into the vehicle, injuring a passenger with flying glass. When the driver pulled the vehicle over and got out to assist his passenger, the ex-boyfriend pulled up, got out of his vehicle and shot the driver, killing him. The driver’s mother sought uninsured motorist coverage for the death of her son. An appeal followed after the trial court granted summary judgment in State Farm’s favor. The Tenth Circuit Court of Appeals ruled that even if a motor vehicle was being used at the time of the incident, any such use was not causally related to the death. The Tenth Circuit also determined that State Farm’s conduct was reasonable in denying the claim.

June 2010
Travelers Property Cas. Co. of America v. Farmers Insurance Exchange, Colorado Court of Appeals, 09CA830. Stuart Morse obtained a significant appellate court win for his insurance company client, Farmers Insurance Exchange. Travelers sued Farmers seeking defense and indemnity reimbursement related to an underlying slip and fall case. Mr. Morse won summary judgment at the trial court level. Travelers then appealed, seeking to hold Farmers responsible for providing coverage on behalf of a restaurant insured when a customer slipped and fell on ice at the shopping center parking lot after eating at the restaurant. In upholding the trial court, the Court of Appeals held, “We disagree with Travelers’ contention that the ‘but for’ test was satisfied, simply because customer would not have fallen had she not visited the restaurant. While it may be true that she would not have visited the shopping center if she had not gone to eat at the restaurant, that circumstance alone is insufficient to trigger coverage.” In other words, the court found that “customer’s patronage of the restaurant was not integrally related to her injury at the time of the accident.”

Jemberu v. Berhane Gerbere; Jambo Auto Sales, LLP; Fitsum Gebere, Berhane Harladis; and Farmers Insurance Exchange, Adams District Court, Civil Action 10CV444. Stuart Morse and David Clarke, obtained another significant win for their insurance company client, when the court issued an order dismissing plaintiff’s case against the insurer. The plaintiff sought to revive the improperly filed case by amending the complaint. However, the court denied plaintiff’s request to amend, holding that even with the newly pled facts, the allegations fail to support a valid case against Farmers. The court invited Mr. Morse to submit his attorney fees for what is expected to be an award of fees against the plaintiff.

Brian Gannon v. Evert Klingbell, Adams District Court, Civil Action 09CV1484. Karen Wheeler and Kathryn Cobb, won summary judgment in a premises liability case. The plaintiff argued that a landowner was liable when he slipped and fell while walking down some stairs. The plaintiff further argued that the stairs were built in violation of code and unsafe. The court held that the plaintiff was a licensee. Additionally, the court determined that Ms. Wheeler and Ms. Cobb’s client owed no duty because he did not create the alleged danger, he did not have knowledge about the alleged danger and because the plaintiff was aware of the condition of the stairs.

May 2010
Norman Utley Construction, Inc. v. Progressive Casualty Insurance Company, Denver District Court, Civil Action 2009CV9741. Brian Waters and Joshua Proctor, represented a construction company that sued Progressive for bad faith and other damages after Progressive failed to defend and indemnify the construction company in an underlying action. Progressive attempted to blame its conduct on the actions of another insurance company by designating that other company as a non-party at fault. Mr. Waters and Mr. Proctor filed a motion to strike the designation as improper. The Court agreed by issuing an order striking the designation. Progressive also sought to take the corporate deposition of the other insurance company. Mr. Waters and Mr. Proctor filed a motion for protective order with respect to the corporate deposition. The court agreed by issuing a protective that prohibits the deposition.

Time Insurance Company filed an emergency motion for stay and a C.A.R. 21 Petition with the Colorado Supreme Court with respect to the April 2010 order discussed below. The Colorado Supreme Court initially issued a stay. However, upon further review, the Colorado Supreme Court vacated its stay order and denied Time’s C.A.R. 21 Petition. See below for video of this case.

Joshua Proctor, and Jesse Brant were each selected as a “Colorado Rising Star” by Super Lawyers magazine.

April 2010
Jennifer Latham, et al. v. Assurant Health, Assurant, Inc., Fortis Insurance Company, and Time Insurance Company, Boulder District Court, Civil Action 2006CV1040. Following the significant January 2010 trial win, Marc Levy, assisted by Joshua Proctor, and David Clarke, have now also won an order regarding their Motion for Leave to Conduct Post-Trial Discovery and Finding of Waiver of Time’s Attorney Client Privilege Pursuant to the Crime-Fraud Exception. The motion sought post-trial discovery, including the deposition of Time Insurance Company’s in-house counsel in preparation for a hearing on a motion to increase punitive damages. The court determined that “the crime-fraud exception [to the attorney-client privilege] is not limited to the intentional tort of fraud.” Rather, the court found that Colorado extends the crime-fraud exception to other tortuous conduct.

The court specifically found that the requisite showing was easily made to require “Time and its counsel (including Joseph Franklin) to turn over all written records, notes, writings, and emails to the Court for in camera inspection.” The court determined that “emails already turned over from a previous discovery request are sufficient to show on a prima facie basis that the involvement by Time in the bankruptcy matter was not consistent with its statements to the Magistrate and to this Court.” The Court also determined that “the harsh remand order from Judge Matsch and the findings of Magistrate Hamilton-Fieldman constitute a prima facie showing that the repeated removals to federal court were abusive.”

The court found that Time Insurance’s “use of subpoenas to obtain medical records has already been found by the Magistrate to be in violation of the Rules of Civil Procedure and statute. Obtaining medical records in violation of state and federal statutes and in violation of the rules of procedure provides the requisite prima facie showing of criminal and civil wrong-doing.” Additionally, the court found that Time Insurance waived the attorney-client privilege by putting “their own counsels’ conduct at issue.” The court ordered the deposition of Time’s in-house counsel to go forward and ordered an in camera review of all written communications regarding a bankruptcy, medical records and removal issues.

February 2010
The Travelers Property Casualty Company Of America v. Highlander Plumbing & Heating, LLC, and Modsystem Structures, Inc., Pitkin County District Court, Civil Action 2009CV290. Brian Waters and Stuart Morse obtained an order dismissing the vicarious liability claim in a construction related matter. Mr. Waters and Mr. Morse represent the general contractor of a multi-unit construction project in Aspen, Colorado. The plaintiff alleged that one of the subcontractors negligently caused a fire that destroyed the project and further alleged that the general contractor is vicariously responsible for the subcontractor’s actions. The Court agreed that, as a matter of law, a general contractor who does not hold a plumbing license cannot legally control the actions of a plumber and thus cannot be vicariously liable for the actions of a plumber. As a result, the court dismissed the vicarious liability claim.

January 2010
Jennifer Latham, et al. v. Assurant Health, Assurant, Inc., Fortis Insurance Company, and Time Insurance Company, Boulder District Court, Civil Action 2006CV1040.

 
Marc Levy, assisted by Joshua Proctor, Kathryn Cobb, and David Clarke, won a bad faith and punitive damages verdict on behalf of Jennifer Latham and her minor children of more than $37 million against Time Insurance Company, also known as Fortis Insurance Company and Assurant Health. The case involved Time’s bad faith rescission of Ms. Latham’s health insurance policy after she was involved in an horrific 2005 automobile accident.

The jury heard testimony that Time rescinded Ms. Latham’s policy without conducting a reasonable investigation and without notifying or asking for input from Ms. Latham. The jury also heard testimony that Time’s “rescission panel,” which meets weekly, reviewed more than one hundred cases in conjunction with Ms. Latham’s. Evidence presented to the jury included Time’s savings of more than $150 million over the last five years by rescinding insurance policies.

After the jury announced its verdict, Westword (Alan Prendergast) reported, “Jury foreman Dan Vela says he was in favor of awarding Latham $150 million as a way of punishing the insurance company. ‘They didn’t have a leg to stand on,’ says Vela, a general manager for a seamless gutter company. ‘I hope we sent a message back to them that this was wrong.’” Westword also reported, “‘We had to determine who was lying,’ says juror Denise Kaatz, a production manager for a Louisville apparel company. ‘Most of [Time’s] witnesses seemed dishonest, defensive and just showed a basic lack of humanity. It was kind of frightening.’” Westword went on to report, “‘We realized that $37 million is a lot of money,’ says Kaatz. ‘But we felt we had to send a message. Anything less, and the message might not have been heard by Time, since they’ve continued with this practice for the past five years despite other lawsuits.’”

January 29, 2010 Westword article.
January 30, 2010 Daily Camera article.
February 1, 2010 Westword article.
February 1, 2010 CBS 4 News Story.
February 1, 2010 Insurance News Net Article.
First of two February 10, 2010 Westword articles.
Second of two February 10, 2010 Westword articles.

 

Shaffer v. State Farm Mutual Automobile Insurance Company, Pueblo District Court, Civil Action 1999CV822. Earlier in the month, Marc Levy and Jesse Brant defended an insurance company against bad faith claims. The action involved allegations of offensive actions by the insurance company and offensive conduct during litigation by both defense counsel and the former trial judge. Mr. Levy was outraged by the plaintiff’s baseless personal attack against both Mr. Levy and the court. A subsequent judge determined that the plaintiff’s allegations were without merit. The case was thrown out and pleadings were stricken. Additionally, the court sanctioned opposing counsel for failure to comply with discovery requests; for failure to confer regarding deposition scheduling and the related improper use of a motion for protective order; for plaintiff’s improper discovery; for filing a frivolous and groundless motion to disqualify Mr. Levy; and for filing another frivolous and groundless motion.

Justi v. #18 Rho Condominium Association and Condominium Management Company, Grand County District Court, Civil Action 2007CV147. Stuart Morse and Kim Poletto won a directed verdict at trial in a case involving an individual who fell while descending a flight of stairs at a condominium complex. The plaintiff alleged the stairs were constructed improperly or otherwise defective, and sought damages in excess of $250,000. Messrs. Morse and Poletto, who represented the homeowners’ association, showed that plaintiff offered insufficient evidence at trial for the jury to decide any issue. The court agreed and dismissed the case on directed verdict.

October 2009
Whispering Pines Townhomes Association, Inc., A Colorado Non-Profit Corporation, Plaintiff,
v.
Whispering Pines Company, Inc. F/K/A Whispering Pines Development Company, LLC, A Colorado Corporation; Whispering Pines Property Management, LLC, A Colorado Limited Liability Company; Patrick Alley A/K/A Pat Alley, An Individual; Marge Alley A/K/A Margaret Alley, An Individual; Clinton Alley A/K/A Clint Alley, An Individual; Heather Alley A/K/A Heather Harris, An Individual; Reynolds Knight Anderson, P.C. F/K/ Reynolds Eccher & Associates, P.C., A Dissolved Colorado Professional Services Corporation; Tracy L. Reynolds, An Individual; And Does 1-100, Defendants,

and

Whispering Pines Company, Inc. F/K/A Whispering Pines Development Company, LLC, A Colorado Corporation; Whispering Pines Property Management, LLC, A Colorado Limited Liability Company, Third-Party Plaintiffs and Cross-Claimants,

v.Concrete Concepts, LLC, A Colorado Limited Liability Company, Concrete Connection Of Pagosa, Inc., A Colorado Corporation; Mastercraft Concrete Contracting, LLC, A Colorado Limited Liability Company; Atrium Door And Window Company Of The Rockies, A Colorado Corporation; Bridges Drywall And Construction, LLC, A Colorado Limited Liability Company; Colorado Roofing & Construction, LLC, Colorado Limited Liability Company; Ronald Charles Etz D/B/A Country Hearth & Home; Four Corners Roofing & Sheet-Metal, LLC, A Colorado Limited Liability Company; Hard Times Concrete, Inc., A Colorado Limited Liability Company; Mark Jehnzen, An Individual; Oldcastle Sw Group, Inc. D/B/A Four Corners Materials, A Colorado Corporation; Pagosa Masonry, LLC, A Colorado Limited Liability Company; Ross Enterprises, Inc., A Colorado Corporation; Troy Ross Construction, LLC, A Colorado Limited Liability Company; San Juan Insulation & Drywall, Inc., A Colorado Corporation; Smithco Enterprises, LLC, A Colorado Limited Liability Company; Snowy River Construction, LLC, A Colorado Limited Liability Company; Suburban Roofing, LLC, A Colorado Limited Liability Company, Corporation; Davis Engineering Services, Inc., A Colorado Corporation; Donahoe & Associates, Inc., A Colorado Corporation; Reynolds Knight Anderson, P.C., A Dissolved Colorado Professional Services Corporation; Tracy Reynolds, An Individual, And Civil Design Team, Inc., A Colorado Corporation, Third-Party Defendants And Cross-Claim Defendants, Archuletta District Court, Civil Action 2007CV54. Brian Waters represented a concrete supplier in a complex construction defect action related to the construction of a 59 unit townhome community. Claims against the client included negligence, breach of contract, contribution, breach of warranty, and indemnification. The claims were based on allegations of defective concrete, as well as defective installation and other related services. With a motion to dismiss the claims pending, which would have resulted in an award of attorney fees, Mr. Waters convinced the opposing party to voluntarily dismiss all claims against the client. No money was paid to the other side for this dismissal.

Halvorson v. Steamboat Lake Water and Sanitation District, and Bosco Constructors, Inc., Routt County District Court, Civil Action 2008CV157. Brian Waters represented a construction company that built a wastewater lift station. Claims against the client included trespass and negligent construction. After filing a motion for declaratory judgment as to the proper measure of alleged damages and informing opposing counsel as to the basis for an anticipated summary judgment motion, Mr. Waters was able to achieve a low dollar nuisance settlement.

June 2009
Union Pacific R. Co. v. Martin, 209 P.3d 185 (Colo. 2009). Brian Waters represented the Colorado Defense Lawyers Association in a landmark case before the Colorado Supreme Court involving landowner rights. The appellate matter involved complex issues of statutory construction, including the effect of a post verdict legislative amendment. The Colorado Supreme Court’s opinion throws out a trial verdict in excess of $11 million against Union Pacific Railroad Company. The Colorado Supreme Court’s key ruling is that landowners are entitled to assert statutory defenses to liability, such as comparative negligence and pro rata liability of a nonparty.

May 2009
Fire Ins. Exchange v. Sullivan, 224 P.3d 348 (Colo.App. 2009). Marc Levy and Scot Kreider won an appeal. Mr. Levy and Mr. Kreider represented a homeowner’s insurer who obtained a declaratory judgment in the trial court that it owed no duty to defend or indemnify an insured against an invasion of privacy claim stemming from an alleged date rape. The insured filed counter-claims for breach of contract and bad faith breach of insurance contract. The Court of Appeals agreed with Mr. Levy and Mr. Kreider, holding that the insurance policy’s intentional injury exclusion barred coverage for damages related to the alleged use of a date rape drug.

April 2009
Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy and Josh Proctor obtained an order upholding a prior sanctions order against an attorney for extensive improper conduct. The Court upheld the prior order for the plaintiffs’ attorney to pay the defendant over $75,000. Also upheld was the prior order for the plaintiffs’ attorney to pay $10,000 to the Colorado Legal Aid Foundation and $20,000 to the Boulder District Court.

Marc Levy and Scot Kreider won an appeal. At trial, the personal injury plaintiff sought to have the court instruct the jury on negligence per se. The court refused to do so and an appeal followed. The Court of Appeals upheld the trial court, finding that the appellant was not a member of the protected class and that strict liability offenses must result from either voluntary actions or a person’s omission to perform an act that he is capable of performing.

Rodriguez-Serrano v. Olsen and Terrill, 08CA0637 (Colo.App. 2009). Karen Wheeler and Kim David Poletto won an appeal regarding the trial court’s dismissal of a case for failure to file a cost bond.

March 2009
Marc Levy and Scot Kreider won at trial on behalf of their insurance company client. Claims involved breach of contract and bad faith. The jury awarded no damages against the insurance company.

Stuart Morse won summary judgment for an insurance company client in a defense and indemnity dispute between two insurance companies. The Court agreed that no duties of defense or indemnity were owed by the firm’s insurance company client.

February 2009
Stuart Morse won summary judgment on multiple Colorado Consumer Protection Act claims in a construction defect case. He previously won the dismissal of breach of warranty claims in the same case.

January 2009
Marc Levy and Scot Kreider won a directed verdict at trial.

December 2008
Marc Levy obtained a favorable arbitration decision that denied a claim by one insurance company seeking substantial reimbursement from another insurance company.

Stuart Morse and Kim Poletto won summary judgment for a corporate client in a matter involving premises liability issues.

November 2008
Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy and Josh Proctor obtained an Order and an Amended Order sanctioning an attorney for extensive improper conduct. The Court ordered the plaintiffs’ attorney to pay the defendant over $75,000. As further sanctions, the Court ordered the plaintiffs’ attorney to pay $10,000 to the Colorado Legal Aid Foundation and $20,000 to the Boulder District Court.

Karen Wheeler persuaded an opposing party to voluntarily dismiss a groundless case that claimed $1,000,000 in damages for trespass, nuisance and intentional infliction of emotional distress.

Marc Levy, Josh Proctor and Jesse Brant obtained a defense verdict for their client, an attorney, in a three week jury trial. The jury rejected plaintiff’s claim of professional negligence and instead found that the plaintiff committed fraud. As a result, the jury entered a $300,000 verdict against the plaintiff. Prior to jury deliberations, the Court entered a directed verdict, dismissing plaintiff’s breach of fiduciary duty claim. Prior to trial, the court dismissed the plaintiff’s advertising-related claims, including a claim for violation of the Colorado Consumer Protection Act.

September 2008
Kim Poletto obtained a monetary award of sanctions against a plaintiff who failed to properly respond to discovery.

August 2008
Karen Wheeler and Scot Kreider won summary judgment in an Adams District Court action involving the determination of whether the owner of leased property was a “person in possession” under the premises liability statute.

Karen Wheeler won summary judgment in a legal malpractice action.

Karen Wheeler and Brian Waters won summary judgment in a federal case involving Colorado’s premises liability statute.

July 2008
Wagner v. Grange Insurance Association, Adams County District Court, Civil Action 2005CV1347. On remand from the Colorado Court of Appeals, the trial court agreed with Brian Waters and granted summary judgment in a case against an insurance company involving alleged entitlement to enhanced personal injury protection benefits. The dismissed action included claims for declaratory relief/reformation of an insurance policy, breach of insurance contract, willful and wanton statutory bad faith, common law bad faith, and estoppel/tolling.

Brian Waters obtained a favorable court order protecting his corporate client from oppressive deposition and written discovery.

Marc Levy was successful at trial in obtaining dismissal of claims for punitive damages and breach of contract in an action against an insurance company. They were also successful in having the court excluded one of the plaintiff’s expert witnesses.

June 2008
The Colorado Court of Appeals agreed with Marc Levy and affirmed a trial court’s dismissal of an action against an insurer. The issues on appeal dealt with the statute of limitation, amendment of pleadings, the nullity theory, subject matter jurisdiction and capacity to sue.

April 2008
Karen Wheeler successfully defended an action involving numerous claims. Prior to trial, the court granted summary judgment with respect to claims of fraudulent misrepresentation, retaliatory eviction and outrageous conduct. All other claims went to trial. At the close of plaintiff’s evidence, the court entered directed verdict for the defense with respect to a second fraudulent misrepresentation claim, two claims of libel per se, and one claim of negligence per se. Following defendant’s evidence, the jury returned a defense verdict on Plaintiff’s last remaining claim.

The Denver Bar Association chose Karen Wheeler as its 2008 volunteer lawyer of the year.

Marc Levy and Scot Kreider obtained a defense verdict at trial. The plaintiff sued an insurer for bad faith as a result of various actions, including alleged improper claim handling. The jury entered its verdict in favor of the insurer.

March 2008
Karen Wheeler has been named as one of Colorado’s Super Lawyers.

October 2007
Brian Waters obtained a directed verdict at trial for the defense. The case involved theft and negligence allegations against a corporation.

September 2007
Stuart Morse obtained a directed verdict at trial for the defense. This commercial case involved automobile restoration work and claims based on alleged breach of contract and negligence.

August 2007
Karen Wheeler –The Colorado Defense Lawyers Association elected Ms. Wheeler as its President for the year.

July 2007
Brian Waters obtained a defense verdict at trial in a premises liability case filed against an apartment complex.

June 2007
Farmers Insurance Exchange v. South, 06CA0197 (Colo.App. 2007). The Colorado Court of Appeals agreed with Marc Levy and Karen Wheeler when it issued a decision affirming the trial court’s decision related to an underlying arbitration matter.

April 2007
The firm obtained a defense verdict at trial in a case involving a vehicle vs. pedestrian accident. The plaintiff, who lost a leg as a result of the accident, sought $20 million in damages.

February 2007
Kim David Poletto obtained a sanctions order precluding plaintiff from presenting certain exhibits and witnesses at trial.

January 2007
The firm obtained a jury verdict dismissing the case against its client. The firm utilized an alternative and binding jury trial dispute resolution method. This resulted in an expedited resolution for the client.

Hinze v. Alliance Construction Solutions, LLC and Red Willow Construction, LLC, Weld County District Court, Civil Action 2005CV1267. Marc Levy and Joshua Proctor obtained summary judgment for their subcontractor client in a construction site injury case. The Court determined that the subcontractor owed no duty to the minor, who fell while playing at an elementary school that was undergoing renovations.

Armijo v. Psyllas, Denver District Court, Civil Action 2005CV6377. Brian Waters obtained summary judgment for the defense in a premises liability case involving a pit bull attack.

December 2006
Garcia v. Denver Health and Hospital Authority

and

Garcia v. Farmers Insurance Group d/b/a Farmers InsuranceDenver District Court Civil Action 2006CV1726.
Marc Levy and Joshua Proctor obtained summary judgment in a case against an insurer that involved claims for breach of contract and bad faith. The court agreed that the plaintiff’s claims were barred by the applicable statute of limitation.

Kim David Poletto obtained an order compelling proper discovery responses and also obtained an award of his related attorney fees.

November 2006
Jesse Brant obtained a defense verdict for his commercial client in a trial involving automotive repair.

Kim David Poletto obtained a defense summary judgment in an automobile accident case.

September 2006
Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy and Josh Proctor persuaded a Boulder judge to dismiss an entire bad faith case due to prejudicial misconduct. Among many findings in its eighteen page order, the trial court made specific findings that the plaintiffs’ attorney lied to the court and that a plaintiff lied in her deposition.

Brian Waters obtained a directed verdict for his clients at trial. The court also ordered the plaintiff to pay the defense litigation costs.

August 2006
Collins v. Griffin, Denver District Court, Civil Action 2005CV3127. Karen Wheeler and Brian Waters obtained an order striking a plaintiff’s expert designation and prohibiting the plaintiff from calling any experts at trial.
Brian Waters – “Who’s on First and other Mysteries of the Colorado Premises
Liability Statute.” Presented to the Colorado Defense Lawyers
Association – August 12, 2006.

June 2006
Gibson v. McCarthy, Boulder District Court, Civil Action 2005CV457.Karen Wheeler and Brian Waters obtained an order sanctioning opposing counsel two thousand dollars for pleading violations. This same counsel was sanctioned in the same case back in December of 2005. That counsel was again sanctioned in the Kampmann v. Farmers Insurance Exchange case.

April 2006
Van Gilder v. Adams, Mesa County District Court, Civil Action 2004CV868. Marc Levy and Brian Waters successfully obtained the withdrawal of a Vioxx wrongful death claim. The estate of a deceased woman filed an action alleging, among other things, that an automobile accident caused her to use Vioxx, which led to her death. Levy, Morse & Wheeler pressed for causation evidence from the plaintiff. When plaintiff refused to comply, Levy, Morse & Wheeler sought summary judgment as an early resolution tool, rather than filing a motion to compel. Plaintiff withdrew its wrongful death claim when it was unable to submit supporting evidence.

February 2006
Collins v. Griffin, Denver District Court, Civil Action 2005CV3127. Karen Wheeler and Brian Waters obtained another order granting a Motion to Compel Discovery. The court also issued a monetary sanction.

December 2005
Wagner v. Grange Insurance Association, Adams County District Court, Civil Action 2005CV1347. Stuart Morse and Brian Waters obtained another significant early dismissal for their insurance company client. Rather than answer the complaint and await discovery in this insurance bad faith case, Levy Morse & Wheeler filed a Motion to Dismiss. The court agreed and dismissed the case. Plaintiff appealed on a technicality in the judicial ruling and the case was dismissed again on summary judgment.

Gibson v. McCarthy, Boulder District Court, Civil Action 2005CV457. Karen Wheeler and Brian Waters obtained an order sanctioning opposing counsel and his client in excess of thirty-five hundred dollars for pleading violations. That counsel was again sanctioned in the Kampmann v. Farmers Insurance Exchange case.

June 2005
Hernandez v. Child and Gurrola, Boulder District Court, Civil Action 2004CV559. Stuart Morse and Brian Waters obtained summary judgment. After obtaining an admission that the Plaintiff was an illegal alien, Levy Morse & Wheeler filed its motion arguing the Plaintiff was not entitled to loss of wages he could not otherwise legally earn in Colorado. The court agreed and granted summary judgment.