December 2008 Marc Levy obtained a favorable arbitration decision that denied a claim by one insurance company seeking substantial reimbursement from another insurance company.
November 2008 Kampmann v. Farmers Insurance Exchange, Boulder District Court, Civil Action 2005CV673. Marc Levy 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.
November 2008 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.
November 2008 Marc Levy obtained a defense verdict for his 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. In addition, the court dismissed the…
August 2008 Karen Wheeler 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.
August 2008 Karen Wheeler and Brian Waters won summary judgment 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…
July 2008 Brian Waters obtained a favorable court order protecting his corporate client from oppressive deposition and written discovery.
July 2008 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. He was 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.