Colorado

Located in Denver, Davis Graham & Stubbs continues to prove itself a leading expert on litigation mat-ters on a national level and throughout the Colorado region. “DGS has been very responsive to client needs. They provide useful insight into the most beneficial approach to a situation” voiced a client. Chair of the firm’s Trial Department is Shannon Wells Stevenson, a seasoned trial and appellate advo-cate. “My experience with Shannon Wells Stevenson at the DGS has been top notch. Her brief writing is amongst the best that I have reviewed in more than 20 years of working in litigation. The firm’s billings have been very reasonable, particularly considering the high quality of work” testifies one client. Steven-son was retained to represent Visa in an appeal to the 10th Circuit on allegations made by Black Card for breach of contract, breach of implied contract, unjust enrichment, and estoppel. The case was argued in March 2018 and a decision is pending. Kenzo Kawanabe is recognized for his commercial disputes and class action practice. He is the lead trial counsel for a subsidiary of a major oil and gas company in a tort action brought by a Native American tribe in Tribal Court in Nevada. A related action was brought be-fore a Nevada federal court. “Kenzo headed the litigation team providing strategy and with hands on ef-fort, securing a favorable result” expresses a client. Michael Gallagher is experienced in litigation in state and federal courts throughout the western U.S. and before arbitration panels. Recent representa-tions include litigation matters involving commercial and environmental issues impacting natural resource companies.

With just two offices in Denver and St. Louis, Missouri, Wheeler Trigg & O’Donnell is commended for its venerable Midwest footprint. The firm is comprised of a team of stellar litigators whose expertise ranges from commercial and insurance litigation to product and professional liability matters. Managing Partner Carolyn Fairless, one of Benchmark’s Top 250 Women in Litigation, won a complete de-fense jury verdict for a leading auto parts maker in federal court in Kentucky in a nine-year-old breach of contract claim brought by a sub-subcontractor—a third-party beneficiary to the contract in question. The suit alleged the client’s termination of the contract entitled the plaintiff to millions of dollars in damages and penalty payments per the terms of the agreement. The firm was hired just six months prior to the tri-al, which the Court had twice dismissed in separate rulings, only to see the plaintiff successfully appeal to the Sixth Circuit. After the firm’s intervention, a successful defense verdict was rendered. John Fitzpat-rick is revered for his mass tort practice. He was lead counsel representing Intermountain Power in a massive litigation. He negotiated a successful settlement on favorable terms to his client concerning a consortium of 18 dairy farmers who alleged that stray electricity from the client’s power system de-pressed dairy herd production in excess of $1 billion in damages. The case was divided into three separate trials. Firm President Hugh Gottschalk, following eight years of litigation, obtained a significant victory for Fiat Chrysler Automobiles in the Sixth Circuit. The Court adopted Gottschalk’s argument in full that existing Ohio laws governing the establishment of automobile dealers are not preempted by Section 747 of the Consolidated Appropriations Act passed by Congress in 2010. Gottschalk also defended FCA in the underlying arbitration and a related case at the Sixth Circuit. Habib Nasrullah is lead counsel to long-time client McKesson, the largest pharmaceutical distributor in North America. The firm was hired as national settlement counsel to handle all litigation involving the chemotherapy drug Taxotere. McKesson’s subsidiary, Northstar Rx, was named in over 120 lawsuits alleging the drug causes permanent hair loss in cancer patients. The cases were consolidated in federal multidistrict litigation in New Orleans, and Nasrullah was able to prove Northstar Rx was not liable for the alleged damages, and plaintiffs volun-tarily dismissed the subsidiary without any payment by the client. Kathryn Reilly is a “class-action expert” and lead trial counsel in a $2.1 billion federal class action brought by plaintiff’s alleging collusion to keep au pair wages artificially low. The tort claims include fraud, negligent representation, breach of fiduciary duty, among others. Michael O’Donnell is lead counsel to Skyjack, who hired the firm to take over its entire portfolio of U.S. product liability litigation including over 20 active matters with the vast majority involving claims resulting from lift accidents. The firm has resolved nearly half of the original portfolio and is handling all of Skyjack’s new cases moving forward. Theresa Wardon Benz was an instrumental part of the lead counsel team who won a significant victory for Ford Motor Co. in the Colora-do Supreme Court in a case that reestablishes that the risk-benefit test is the appropriate test for juries to assess whether a product has been defectively designed. Wardon and litigation luminary Edward Stew-art were on the original trial team, and then led the appeals to the Court of Appeals and Colorado Su-preme Court. Wardon argued the case before the Colorado Supreme Court. Michael Williams won a multimillion-dollar arbitration award for an energy company, recovering more than 15 times the last settlement offer made before trial. This award was the result of two contract claims and rejection of the other company’s counterclaim. The award included past contract damages, prejudgment interest, and de-claratory relief.