Category: 2005

Sanctions Order – Gibson v. McCarthy

December 2005 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.

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Early Dismissal – Bad Faith

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

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Summary Judgment Win

June 2005 Hernandez v. Child and Gurrola, Boulder District Court, Civil Action 2004CV559. Brian Waters obtained summary judgment.

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Recent Success

  • Jury Trial Win – Jenkins

    Plaintiffs sought more than $785,000 at trial, plus interest and attorney fees. Marc Levy and Jami Maul won a complete defense verdict at trial.


  • Defense Verdict at Trial – Sellars

    Heather Hackett won at trial. Plaintiff alleged negligence, negligence per se and sought various types of damages. However, the jury disagreed with plaintiff and returned a defense verdict. Following trial, the jury commended Ms. Hackett on her excellent trial skills.


  • Summary Judgment – Bulinski

    June 2017 Bulinski v. State Farm Fire and Casualty Company, Civil Action 16-cv-02066-RPM, U.S. District Court, District of Colorado.  Plaintiffs filed claims for breach of contract, statutory unreasonable delay/denial and common law bad faith, seeking about $200,000 in property damage, plus a penalty of double damages, plus attorney fees and costs.  Plaintiffs also sought punitive damages.  The insurance claim arose when a giant boulder detached from a cliff face about…