Cases
Representative Cases: Hugh Gottschalk has taken more than 75 trials to verdict
over 20 arbitrations to award, delivering outst
ing results for sophisticated clients. Hugh represents companies
individuals across diverse industries in complex commercial, torts,
intellectual property lawsuits. Hugh is a Fellow
Colorado State Chair of the American College of Trial Lawyers,
he is ranked in Chambers USA.
FCA v. Spitzer Autoworld Akron, 17-1161 (Sixth Cir. 2018) - Argued
won for FCA (fka Chrysler) in the Sixth Circuit in a case involving the question of whether federal legislation enacted following the Chrysler bankruptcy preempted Ohio state dealer laws.
Won an arbitration ruling for $2.9 million, including punitive damages, for an investment fund misled into overpaying for an oil field services company based on misrepresentations made during the sale
omissions made during settlement negotiations regarding the sale.
Obtained a preliminary injunction for a $1 billion oil
gas client involved in bet-the-company litigation against an executive in 2016.
Won a directed verdict in a trade secrets trial for an oil
gas company. The plaintiff claimed theft of its technical geological data that allegedly had allowed the defendant to improperly acquire several hundred thous
acres of oil
gas leases in northeastern Nevada. The plaintiff's expert opined that the misappropriation of the trade secrets had caused more than $1 billion dollars in damages.
Won an arbitration award for future oil
gas royalties valued between $70,000,000
$100,000,000 in a David v. Goliath case against a multinational oil company.
Banner Health v. Phoenix Children's Hospital - Represented Phoenix Children's Hospital in a claim asserted by Banner Health that a merger between PCH
another healthcare entity triggered a termination clause in a lease of PCH's neonatal ICU. Following a two-week trial, the arbitrator terminated the lease.
Eagle v. Chrysler - Represented Chrysler in a case in which several Chrysler dealers asserted Chrysler failed to comply with an obligation to provide new dealerships following its bankruptcy. Following trial, the Court entered judgment for Chrysler.
Successfully defended Chrysler against an automobile dealership's allegations of oppressive
unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
Defended an investment advisory firm in Cook County, IL against a $10 million professional negligence claim. After a two-week trial, the jury found for the defendant.
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.
Represented a managing partner in a $5 million suit between law firm partners with respect to claims of fraud
mismanagement. After a two-week trial, WTO's client prevailed on fraud
mismanagement claims,
the Court ordered an accounting
liquidation of the firm.
Briefed an appeal in the United States Court of Appeals for the Second Circuit, resulting in full affirmance of a verdict in favor of WTO's client, Chrysler Group, on a federal statutory issue of first impression stemming from Congress's enactment of Section 747 of the Consolidated Appropriations Act of 2010.
Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC
following Chrysler's termination of those dealerships. WTO litigated 187 of these Section 747 arbitrations,
, as directed by Congress, resolved all of the litigation within seven months.
Colorado Coffee Bean v. Peaberry Coffee - Defended a franchisor against fraud claims made by franchisees, who sought tens of millions of dollars in actual
punitive damages. After a five-week trial, WTO won judgment for our client. The Court awarded $2 million in attorneys' fees against the franchisees.
Silverton Mountain v. Core Mountain Enterprises - Defended Silverton Mountain against claims brought by an adjacent l
owner/competitor. The plaintiff sought damages
an injunction to shut down the ski area based on allegations of trespasses caused by WTO's client's avalanche control work. WTO won a defense verdict.
Unger v. St. Vrain Partners - Won a jury defense verdict for a limited liability company whose members claimed the distribution of funds made in 2001 violated the company's operating agreement.
Total Petroleum v. Conoco - Represented Conoco in breach-of-contract litigation between the parties relating to the environmental clean-up of the parties' contaminated property.
Won a jury defense verdict for Conoco following a six-week trial involving claims by the town of Castle Rock, Colorado that a leaking Conoco underground storage tank had contaminated the town's municipal drinking water.
Cornerstone v. BDO Seidman - Settled accounting malpractice litigation relating to the embezzlement of $10 million by a company's president.
Rieder v. Hallmark - Settled trademark/antitrust litigation regarding nationwide market for distribution of greeting cards.
Defended Conoco against toxic tort litigation brought by an oil refinery
relating to the joint remediation of the two companies' adjacent refineries.
Scott v. Conoco - Defended Conoco against personal injury claims relating to an accident at one of its refineries. The plaintiff prevailed in a seven-day jury trial, but the case was later reversed by the Colorado Court of Appeals.
Laser Tech v. BDO Seidman - Represented BDO Seidman in shareholder suit that claimed securities fraud
a negligent audit by the company's accountants. Persuaded the plaintiffs the audit process could not have uncovered the manipulation,
plaintiffs dismissed their claims.
Represented Conoco in the favorable settlement of toxic tort litigation brought by the City
County of Denver regarding the contamination
cleanup of Denver's former airport.
Conoco v. Valero - Represented Conoco in cost-recovery
cost-allocation litigation relating to the parties' environmental clean-up of adjacent properties.
Flying J v. Conoco - Defended Conoco in a series of arbitrations in which Flying J claimed that the ConocoPhillips merger triggered a provision in the Conoco-Flying J joint venture agreement that would have allowed Flying J to acquire Conoco's interest at book value, which was approximately $1 billion less than the market value of the interest. The arbitrator found in Conoco's favor, concluding that market value was the proper way to value Conoco's interest.
Stearns v. Jetway - Won Fifth Circuit affirmation of the lower court's granting of summary judgment in a case alleging unfair monopolization against FMC Corporation
involving the company's aircraft boarding bridges.
Represented Coors in the settlement of CERCLA litigation brought by the City
County of Denver regarding the Lowry L
fill.
H
led arbitrations in cost-sharing disputes over environmental clean-up at a gasoline refinery in Denver.
Sonoco Products v. Newark Paper Products - Won an injunction for Newark Paper Products following a three-week trial asserting that Sonoco
its employee had misappropriated trade secrets from Newark.
