Commercial Litigation
About Commercial Litigation Cases
Garlin Driscoll, LLC has many satisfied clients that turn to their efficient, highly organized, professional team for commercial litigation without large firm pricing. These clients range from sole proprietorships to multinational corporations, just several of whom include:
- Prince Preferred Hotels Alamosa, LLC
- Dex One
- Century Link
- All-Ways Trucking, Inc.
- Simplex Grinnell, LP
- Denco Sales Co., Inc.
- ProBuild Holdings
- Home Lumber Company
- Tesla Motors
Successful business litigation requires knowledge, experience and a proven record, and the attorneys at Garlin Driscoll have all three. Garlin Driscoll attorneys have conducted trials, appeals, arbitrations and mediations both in Colorado and nationally. David Driscoll has been selected as a Colorado Super Lawyer in the area of business litigation. Examples of matters handled by the attorneys at GD are as follows:
Accounting Malpractice
GD Accomplishments in Accounting Malpractice Cases
- David Driscoll recently successfully represented a Louisville accountant in a Boulder County District Court malpractice action based on allegedly faulty advice related to a 1031 exchange.
Arbitration
GD Accomplishments in Arbitration Cases
- In addition to having represented clients in dozens of arbitrations under the Commercial Rules of the American Arbitration Association and JAMS, David Driscoll recently served as an arbitrator in a 7-figure dispute between two corporations, based in Colorado and Georgia respectively, over the division of revenues under their multi-year “Teaming Agreement”.
- In 2007, the American Arbitration Association added David Driscoll to its panel of commercial arbitrators.
- David Driscoll and Kenneth Morris represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction. After a four-day arbitration in May, 2011, the arbitrator awarded David and Ken’s client $300,000 on his claim for fraudulent nondisclosure. The opposing party never made a pre-award settlement offer. David and Ken will now seek an award of attorney fees and costs in accordance with the contract.
- David Driscoll successfully defended a long-time firm client in a 2011 American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract. The claimant sought approximately $34,000 in damages from David’s client, and David’s client sought $3,966.55 in damages from the claimant. The arbitrator awarded the claimant $0, and awarded David’s client all of its claimed damages, as well as its fees for the arbitrator.
Breach of Contract and Interference with Contract
GD Accomplishments in Breach of Contract and Interference with Contract Cases
- Following a two-day arbitration in Bend, Oregon in a case involving claims for of breach of contract and negligence on the part of GD’s client, the AAA arbitrator ruled in favor of GD’s client on all issues. The claims were for $408,188. The arbitrator awarded $0 and dismissed all claims with prejudice. The opposition’s final settlement demand was for $175,000 and other consideration. The case involved significant legal issues including the applicability of the economic loss doctrine and a dispute over the enforceability of the contract’s governing law provision. David Driscoll and handled the case.
- David Driscoll and Sarah Croog represented a large commercial client at an 11-day arbitration hearing in September and October 2007 involving tens of millions of dollars, a highly complex contract, and allegations of breach of contract, misappropriation of trade secrets, and civil conspiracy. The case resulted in an arbitration award in favor of the client and the dismissal of all claims. The arbitration hearing was held before Judge James Miller at JAMS in Denver. The case involved months of e-discovery and related discovery disputes and included the production of more than 76,000 documents, all of which were managed on a secured online database.
- In 2005, David Driscoll successfully represented a large telecommunications carrier in a complex declaratory judgment and breach of contract claim brought by a large Iowa consulting firm related to high speed private line services.
Civil Conspiracy
GD Accomplishments in Civil Conspiracy Cases
- David Driscoll recently successfully defended a client in a multi-million dollar lawsuit initially brought in U.S. District Court and subsequently removed to JAMS arbitration involving claims of civil conspiracy.
Construction Defect Law
GD Accomplishments in Construction Defect Law Cases
- David Driscoll and Kenneth Morris currently represent a subsidiary of the nation’s largest supplier of building materials to professional contractors in several construction defect actions. Our firm has been representing this supplier in such actions since 2010.
- Kenneth Morris has represented homebuyers in fraud and construction defect cases, and secured substantial settlements from sellers and their brokers.
- In 2008, Kenneth Morris defended a general contractor against breach of contract and construction defect claims. All claims against the general contractor were ultimately dismissed prior to trial, and the client received a settlement payment in his favor from the plaintiff.
Fraud, Misrepresentation and Fraudulent Transfer of Assets
GD Accomplishments in Fraud, Misrepresentation and Fraudulent Transfer of Assets Cases
- David Driscoll provided legal advice to Tesla Motors with respect to a potential transaction involving the sale of five high performance electric sports cars for a combined value of more than $730,000. Pursuant to their investigation, David uncovered the fraudulent intent of the buyers and were able to prevent their clients from becoming potential victims of malfeasance.
- In a three-day arbitration arising out of the sale of a company, Kenneth Morris successfully defended the seller’s estate against claims of fraud and negligence, and won a six-figure arbitration award in his client’s favor.
- On behalf of clients including El Paso County Telephone Co., David Driscoll obtained a series of successful decisions in the Colorado PUC and the courts in litigation against providers of long distance service who fraudulently failed to pay switched access and other charges to local exchange and wireless carriers whose networks were used to complete the calls.
Indian Law
GD Accomplishments in Indian Law Cases
- David Driscoll successfully represented a telephone company in a multi-million dollar, multi-party trespass action in Nez Perce Tribal Court in Lapwai, Idaho. After the trial court denied the motion to dismiss filed on behalf of David’s client, the Nez Perce Court of Appeals reversed and dismissed the action for lack of subject matter jurisdiction. In the past, David has represented clients in significant Indian Law disputes in New Mexico, Idaho, and California.
Insurance Coverage Disputes
GD Accomplishments in Insurance Coverage Disputes Cases
- David Driscoll and Kenneth Morris currently represent a subsidiary of the nation’s largest supplier of building materials in an insurance coverage dispute in the Boulder County District Court.
- In a 2013 insurance coverage dispute involving a major insurance carrier, David Driscoll and Jeff Rose compel the insurance carrier to assume defense responsibilities in a complex civil litigation matter involving claims between several major corporations.
- David Driscoll successfully represented a client in a coverage dispute arising out of a 2010 motorcycle accident. After the client’s insurance carrier refused to provide a defense in the lawsuit, David Driscoll filed a bad faith action against the insurer and obtained an insurance-funded defense for his client. David Driscoll then successfully fought off the insurer’s attempts to have the court determine the scope of the client’s insurance coverage before the underlying lawsuit went to trial. Finally, David Driscoll successfully negotiated a settlement with the insurance company to cover all of his client’s defense costs and liability exposure.
- David Driscoll successfully represented a Louisville, Colorado 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.
- David Driscoll recovers $250,000 for a 40-year old Broomfield, Colorado woman in an insurance bad faith lawsuit against the woman’s own auto insurer. The case involved claims that that the insurer, which was responsible for the payment of the woman’s medical expenses after an auto collision, unreasonably delayed a needed low back surgery. The settlement followed depositions taken by David of insurance company adjusters and a supervisor in Houston, Texas. (All cases are different and the firm does not mention this result to guarantee similar results in other cases.)
Mechanic’s Lien Law
GD Accomplishments in Mechanic’s Lien Law Cases
- In 2007, Kenneth Morris and his co-counsel won a substantial verdict in Denver District Court for their client, a large design/build firm, under Colorado’s Mechanic’s Lien Trust Fund Statute, C.R.S. § 38-22-127.
- In 2007, Kenneth Morris obtained a sizable arbitration award in favor of his client, a subcontractor on a large public works project, in a payment dispute arising out of project delays and cost overruns on the project.
- Kenneth Morris regularly advises and represents subcontractors in mechanic’s lien actions.
Professional Licensing
GD Accomplishments in Professional Licensing Cases
- During his service as an Assistant Attorney General prior to founding Garlin Driscoll, LLC, David Driscoll spent two years representing a number of Colorado’s professional licensing boards in license suspension and revocation proceedings and related appeals and lawsuits in state and federal courts. Those boards included the Colorado Real Estate Commission, the Colorado Board of Optometric Examiners and the Colorado Board of Medical Examiners. Since then in private practice David has defended a number of professional licensees in disciplinary proceedings brought by these boards.
Product Liability
GD Accomplishments in Product Liability Cases
- In a series of complex product liability actions, David Driscoll and Alexander Garlin participated in a three-year, eleven-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 a fungicide that had been applied to their plants and crops. The cases involved more than a million pages of documentation and depositions in nine states and the District of Columbia.
Public Utilities
GD Accomplishments in Public Utilities Cases
- David Driscoll represented has represented El Paso County Telephone Company in numerous proceedings before the Colorado Public Utilities Commission, including twin proceedings related to the ICG Telecom Group Inc.’s provisioning of local exchange telephone service at Schreiver Air Force Base east of Colorado Springs.
Telecommunications Law
GD Accomplishments in Telecommunications Law Cases
- For more than fifteen years, David Driscoll has represented Colorado telecommunications companies in litigation on a broad variety of matters in state and federal court, complaint and regulatory cases before the Colorado Public Utilities Commission and in numerous arbitrations.
Trade Secrets
GD Accomplishments in Indian Law Cases
- David Driscoll represented Qwest Communications International, Inc. and affiliates in a multi-million dollar breach of contract and misappropriation of trade secrets action brought by a Columbus, Ohio firm providing contract services.
Trespass
GD Accomplishments in Trespass Cases
- David Driscoll and Jeff Rose currently represent Colorado landowners in a complex case involving reservoir management, trespass, nuisance, and violations of the Clean Water Act.
- David Driscoll obtained, following seven months of discovery, a favorable settlement in a state court trespass lawsuit involving claims for damages and injunctive relief. A 245 lawyer national firm represented the plaintiff. David represented the defendant.
- David Driscoll has defended complex trespass actions brought by landowners, including Indian tribes in California and Idaho, for allegedly improper placement of fiber optic cable and other telephone network facilities.