David J. Driscoll
David J. Driscoll is an experienced trial lawyer whose practice emphasizes complex civil litigation (breach of contract, business disputes, construction defects, professional negligence, trespass, plaintiff’s personal injury, insurance coverage and insurance bad-faith claims) and arbitration. Prior to entering private practice, Mr. Driscoll served as an Assistant Attorney General in the Colorado Department of Law’s Regulatory Law and Natural Resources Sections. Mr. Driscoll has earned the highest peer review rating (AV) for legal ability and general ethical standards.
In his nearly 31 years of practice, Mr. Driscoll has represented numerous individual, corporate and governmental clients in litigation, arbitration and regulatory hearings in a wide variety of proceedings and venues. His accomplishments include:
- Current representation of Colorado landowners in a complex case involving reservoir management, trespass, nuisance, and violations of the Clean Water Act.
- Current representation of the nation’s largest supplier of building materials to professional contractors in construction defect actions. Additionally, Mr. Driscoll represents this supplier in a pending declaratory judgment action in the Boulder County District Court to establish the duty of an insurer to defend and indemnify the supplier in lawsuits related to Chinese Dry Wall.
- Representation of Qwest Corporation in three pending tax-related lawsuits, one of which is currently awaiting a ruling in the Colorado Supreme Court.
- Obtaining an arbitration ruling dismissing all claims against his clients, Qwest Communications International Inc. and Qwest Communications Corp., in a complex multi-million dollar commercial dispute involving claims of breach of contract and misappropriation of trade secrets. The 11-day arbitration hearing required testimony from 16 witnesses. Plaintiff’s final settlement offer before the arbitration hearing was for more than $5 million. The arbitrator awarded $0. The U. S. District Court, District of Colorado, affirmed the arbitrator’s decision. (DMA Int’l v. Qwest Comm. Int’l, 2008 WL 4216261.) In a published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator’s decision and awarded attorney’s fees to Qwest due to the frivolous nature of the challenge to the arbitration award. (585 F.3d 1341, 10th Cir., Nov. 4, 2009) Mr. Driscoll also represented Qwest in the appeal.
- Leading a team of GD lawyers for the last twelve years, who serve as lead outside counsel in litigation and arbitration matters for Dex Media, a company that currently employs more than 5,000 people and does business in 43 states. To date, Mr. Driscoll has appeared as lead counsel on behalf of Dex in state and federal courts and arbitration proceedings in nine states.
- Participating in a three-year, 11-lawyer effort to secure crop damage compensation for a group of 35 nurserymen and farmers in claims against E. I. Du Pont de Nemours and Co., Inc., the manufacturer of a fungicide that had been applied to their plants and crops. The cases involved more than 1 million pages of documentation, and depositions in nine states and the District of Columbia.
- On behalf of multiple clients, Mr. Driscoll obtained successful decisions in federal and state court and the Colorado Public Utilities Commission against long distance telephone service providers who failed to pay switched access charges to local exchange telecommunications carriers.
- Representing Qwest Corporation and related entities in a series of complex property rights disputes regarding the presence of non-Indian telecommunications facilities and equipment on Indian Tribal land or land purchased in fee by an Indian Tribe. These matters (two lawsuits and one extended negotiation) involved challenging jurisdiction and Indian Law issues. Mr. Driscoll has also advised Qwest Corporation on the powers of Native American Tribes to tax and regulate non-Indian telecommunications companies on Indian land.
- Representing the surviving spouse of a Flight For Life nurse who was killed in a highly publicized helicopter crash on Huron Peak during an attempted mountain rescue at 11,000 feet. The case involved complex liability issues, proceedings related to the bankruptcy of Rocky Mountain Helicopters, Inc., and defense of a substantial workers' compensation carrier's subrogation claim.
- Representing the surviving spouse of a 36-year-old Weld County farmer who was killed in an automobile accident caused by a drunk driver who also died in the crash.
- Representing a woman in claims against her own insurance company for its denial of medical benefits related to injuries that she suffered in an automobile accident. The Colorado Court of Appeals decision in this case, Loza v. State Farm Mut. Auto Ins. Co, 970 P.2d 478, which followed a favorable jury verdict that included punitive damages, is one of the leading decisions in Colorado dealing with wrongful withholding of benefits by an insurer for an alleged pre-existing condition.
- More than 25 years of experience representing individuals in claims for long-term earnings losses based upon mild traumatic brain injuries, obtaining policy limits awards in several instances.
- Successfully defending a computer engineer in a civil case action involving allegations of sexual assault.
- As an Assistant Attorney General, representing the Colorado Departments of Health and Natural Resources in natural resource damage actions under CERCLA.
- Representing as lead counsel various Colorado regulatory agencies in disciplinary actions against professional licensees.
In addition to the above litigation work, Mr. Driscoll serves as an arbitrator in business and insurance-related disputes. In 2007, the American Arbitration Association appointed him to its panel of neutrals. Since then, he has presided in numerous AAA arbitrations, including a recent complex, 7-figure dispute between two corporations, based in Colorado and Georgia respectively, over the division of revenues under their multi-year “Teaming Agreement.” .
In April 2008, Mr. Driscoll was invited to be a fellow in the Litigation Counsel of America, a national trial lawyer honorary society composed of less than one half of one percent of American lawyers. Fellows are selected based upon their effectiveness as attorneys and their superior ethical reputation. Since 2012, Mr. Driscoll has served on the board of the LCA’s Complex Commercial Litigation Institute.
Mr. Driscoll is a past president and director of the Boulder County Bar Association (BCBA) and served two terms on the Colorado Bar Association's Board of Governors. He has chaired the Civil Litigation, Bench-Bar and Medical-Legal Sections of the BCBA. He completed two three-year terms on the Board of Directors of the Boulder County Bar Foundation and has served on the Colorado Supreme Court's Committee on the Use of Magistrates. He is currently an active member of the Colorado Supreme Court’s Attorney Discipline Hearing Board.
Mr. Driscoll has twice been nominated by Colorado's Twentieth Judicial District Nominating Commission for judicial vacancies on the bench of the District Court, and has also served on that Commission. He spent six years on the Board of Trustees for the Legal Aid Foundation of Colorado.
Mr. Driscoll has presented continuing legal education lectures at programs sponsored by the BCBA and the Colorado Trial Lawyers Association, and has had articles on insurance law and deposition strategies published in Trial Talk.
In 2006, 5280 and Law and Politics magazines selected Mr. Driscoll as a Colorado Super Lawyer for 2006. He received the honor again in 2009, 2010 and 2011. View Mr. Driscoll's Super Lawyer profile »
Bar and Court Admissions
Mr. Driscoll has been admitted to practice in the Courts of the State of Colorado, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the Tenth Circuit.
- B.A., Oberlin College, 1977
- J.D., Case Western Reserve University, 1982
- In 2012-13, Mr. Driscoll chaired the City of Boulder’s Transportation Advisory Board, a five member board appointed by City Council that advises City Council, Planning Board and city staff on community transportation issues. He served on the Board from 2007-2013.
- Mr. Driscoll serves as a member of the board of directors of Rocky Mountain Wild, a Denver-based non-profit organization that protects the biological diversity of the Rocky Mountain West.