Individual Counsel. David and his assocate recovered $1.625M for two families in a mid-trial settlement in January 2015 of a complex environmental tort case involving a massive sediment spill from an aging reservoir in Teller County, Colorado.
David represented the surviving spouse of a Flight for Life nurse in a wrongful death action following a highly publicized helicopter crash on Huron Peak during an attempted mountain rescue at close to 12,000 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.
Commercial Disputes. David obtained 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 settement offer before the arbitration hearing was in excess of $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). David also represented Qwest in the appeal.