Cases
Representative Cases: The managing partner of Wheeler Trigg O'Donnell, Carolyn Fairless represents sophisticated clients in complex commercial litigation
professional liability defense. Carolyn is ranked in Chambers USA,
Benchmark Litigation lists her among the Top 250 Women in Litigation in the U.S.
Won a complete defense verdict for a lawyer
law firm accused of malpractice in the h
ling of a sale of interests in the plaintiff's company.
Won an arbitration for a law firm client that sued its former client for unpaid fees
was countersued for malpractice. The arbitrator rejected the malpractice claims
awarded WTO's client its unpaid fees plus interest, as well as its legal fees
costs incurred in the arbitration.
Haber v. Travelers (Denver Cty. Dist. Ct., Colo. 2017) - Won a motion to dismiss an insurance appraiser's claim that Travelers committed libel per se. The Court ruled that WTO's client's statements were true as a matter of law.
Won a complete defense verdict in a professional liability claim against a law firm
lawyer. The plaintiff alleged that WTO's client was negligent, yet the jury found that not only was our client not negligent, but that the alleged negligence didn't cause the claimed damages.
Obtained Rule 12 dismissal for a Midwest-based, AmLaw 200 firm facing claims exceeding $500 million in state court in Kentucky.
Won a complete defense jury verdict for a major auto parts manufacturer in federal court in Kentucky. WTO was called in just six months before trial in this protracted contract dispute that had already included two trips to the Sixth Circuit.
Won Tenth Circuit victory for a law firm client in protracted litigation arising out of a divorce
bankruptcy characterized as the most complex [the divorce court] has seen in 25 years. The plaintiff-husb
sued WTO's client, which h
led the bankruptcy proceedings for the plaintiff's ex-wife,
the ex-wife's divorce counsel, in federal court. The Tenth Circuit's ruling in this matter follows a 2015 ruling for our client from the Tenth Circuit Bankruptcy Appellate Panel.
Won summary judgment for a large regional law firm in a legal malpractice case involving claims that the firm's lawyers failed to properly advise the plaintiff regarding environmental issues in an underlying real estate transaction.
Won a unanimous opinion from the Colorado Supreme Court that strongly upholds Colorado's strict privity rule in determining whether non-client beneficiaries may sue an estate lawyer for malpractice or professional liability. In its opinion, the Court adopted the most stringent test, as WTO advocated,
affirmed that the plaintiffs lacked st
ing to sue our clients.
Howard v. Bottling Group (Colo. Douglas Cnty. Dist. Ct. 2015) - Won a defense verdict for Pepsi Bottling Group in a six-day jury trial. The plaintiff claimed a traumatic brain injury as a result of being struck with falling merch
ise from a retail display
dem
ed $750,000 in damages. WTO's client was one of two defendants in the litigation,
the jury assigned no fault to our client.
Prevailed before the Tenth Circuit Bankruptcy Appellate Panel, which affirmed a bankruptcy court's order of summary judgment for WTO's client, a law firm that had been sued for representing its client in bankruptcy proceedings that became intertwined with a protracted divorce in which the plaintiff (to the appeal) was a party.
Won a complete defense jury verdict in a $12 million legal malpractice case. The jury found in favor of WTO's client on all claims
also awarded unpaid legal fees owed by plaintiffs.
Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to h
le a complex patent infringement matter, then sued the firm for negligence
breach of fiduciary duty.
Won back-to-back Colorado Court of Appeals victories in June 2013 in legal malpractice cases involving claims of failure to disclose, negligent misrepresentation, fraudulent concealment,
breach of fiduciary duty.
Defeated class certification in federal court in Oklahoma in a case involving thous
s of claimants against a law firm that represents clients before the Social Security Administration. Following the denial of certification, the court granted summary judgment in favor of WTO's client on all remaining individual claims in the case.
Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages dem
, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim
awarded WTO's client the full amount of fees owed plus interest.
Won an arbitration award in favor of a law firm client. The arbitrator denied all legal malpractice claims against WTO's client
awarded it unpaid fees, plus interest, attorneys' fees,
costs.
Golan v. Holder, 132 U.S. 873 (2012) - Represented plaintiffs challenging the constitutionality of increasing copyright protection by 20 years
Section 514 of Uruguay Round Agreements Act extending copyright protection to foreign works. The United States Supreme Court ruled the statutes were constitutional.
Obtained a Rule 12(b) dismissal of a complaint filed in federal court in Missouri against a large international law firm. The plaintiffs ultimately obtained an eight-figure jury verdict against the remaining defendants in the case.
Borders v. Aspen Equestrian Estate (Colo. 2010) - Defended against a real estate company's claims that WTO's client's interference caused the loss of a $2 million investment when it prevented the sale of a shopping center before the real estate market crashed. WTO was retained in the last months before trial,
despite rulings made before WTO's engagement that the basis for interfering lacked merit as a matter of law, following trial, the court ruled for WTO's client on all issues of liability, causation,
damages.
Obtained a Rule 12(b) dismissal of a malpractice case against five lawyers. The opposing party appealed the dismissal
, while the appeal was pending, the case settled with no payments being made by WTO's clients.
Obtained summary judgment for a law firm client
an award of attorneys' fees in a legal malpractice case in which the plaintiff sought $7 million in damages. The plaintiff appealed the award of attorneys' fees,
the parties settled the appeal with payments being made to the client.
Obtained partial summary judgment in federal court on behalf of a large national law firm that had been sued for malpractice, aiding
abetting, conspiracy,
violations of RICO. The ruling reduced the damage claim from over $150 million to less than $2 million
paved the way for a favorable settlement of the case.
Awarded complete summary judgment in a legal malpractice case one week before a multi-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.
