Cases
Representative Cases: Joel Neckers represents sophisticated clients in trials
complex civil litigation, including consumer class actions, commercial disputes, professional liability claims,
cases involving catastrophic injury
wrongful death. Colorado Super Lawyers has named Joel a Rising Star in Class Actions
Mass Torts.
Class Actions
In re: Sears, Roebuck & Co. Front-Loading Washer Products Liability Litigation (7th. Cir. 2017) - Won unanimous Seventh Circuit victory in a fee dispute for Whirlpool
Sears arising out of a certified federal class action lawsuit that WTO favorably settled after winning a defense verdict in the bellwether trial of related claims.
Glazer v. Whirlpool (N.D. Ohio 2014) - Won a complete defense jury verdict for Whirlpool in a $66 million certified class action trial in Ohio involving allegedly moldy washing machines.
Brown v. Whirlpool (N.D. Ohio 2014) - Obtained dismissal of class action allegations
15 of 17 claims against Whirlpool in an environmental toxic tort case. Plaintiffs voluntarily dismissed their remaining claims after the court's ruling.
Represented an automobile manufacturer
solar energy company in class actions involving consumer fraud
breach of warranty allegations.
Tietsworth v. Sears (N.D. Cal. 2013) - Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction.
Savett v. Whirlpool (N.D. Ohio 2012) - Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were mislabeled with the Energy Star logo. Commercial Litigation
Serve as first chair for an oil
gas company in an arbitration involving a $50 million dispute over accounting towards a project payout.
Served as first chair in a two-week arbitration for a wind turbine manufacturer in a commercial dispute with a supplier.
Obtained summary judgment for a commercial lender resulting in an award of more than $2.5 million, including interest
legal fees, relating to an LLC's default on a condominium development loan.
Won a bench trial in 2013 (including an award of attorneys' fees) on behalf of a national title insurance company in connection with a case involving the fraudulent sale of property.
Old Republic National Title Insurance v. Kornegay, 292 P.3d 1111 (Colo. 2012) - Defended an appeal seeking to overturn district court prejudgment writs of attachment
motion dismissing counterclaims in fraud/civil theft case.
Vestas Blades v. R
all (Colo. 2011) - Won a $4.2 million judgment for a renewable energy client in a civil trial involving an executive's embezzlement from the company.
Won arbitration, including an award of attorneys' fees, for a closely-held energy company based in Colorado in a case involving interpretation of a shareholder agreement
corporate governance issues.
Won multiple temporary restraining orders
motions for preliminary injunctions after evidentiary hearings in cases involving breach of fiduciary duties
breach of contract.
Served as an expert witness for oil
gas company in attorneys' fee dispute.
Served as second-chair in several arbitrations for one of the world's largest automobile manufacturers following the passage of Section 747 of the Consolidated Appropriations Act of 2010.
Secured early dismissal of financial services company in securities lawsuit. Catastrophic Injury / Wrongful Death
Won a defense jury verdict in Ohio for two neonatologists facing claims of negligently h
ling the care of a newborn baby.
Obtained a favorable jury verdict in South Carolina for a national healthcare company in an admitted liability wrongful death case involving punitive damages.
Won a complete defense verdict for a Florida hospital in a three-week medical malpractice trial. The case involved a baby who suffered cerebral palsy after a rare delivery complication. The plaintiff sued the hospital for $7 million, claiming complications could have been avoided had a C-section been performed. The WTO team successfully argued the complication was unpredictable
unpreventable,
the doctors actually saved the mother
child.
Won a defense verdict for a Washington D.C. hospital in a $40 million medical malpractice lawsuit that involved a baby born with severe brain damage.
Served as second-chair in a bench trial in Washington State in a lawsuit brought against a corporation
an individual involving allegations related to an alleged traumatic brain injury
secured favorable judgment in an admitted liability case.
