December 2006 Garcia v. Denver Health and Hospital Authority and Garcia v. Farmers Insurance Group d/b/a Farmers Insurance Exchange, Denver District Court Civil Action 2006CV1726. Marc Levy 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.
September 2006 Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy 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.
September 2006 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.
August 2006 “Who’s on First and other Mysteries of the Colorado Premises Liability Statute.” Presented by Brian Waters to the Colorado Defense Lawyers Association.
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. This opposing 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. 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. Mr. Waters pressed for causation evidence from the plaintiff. When plaintiff refused to comply, Mr. Waters sought summary…
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.