Mr. John Mark Vaught

Practice Details

• Firm Information
  Position

  Senior Counsel

  Firm Name

  Wheeler Trigg O'Donnell LLP
• Representative Cases & Transactions
  Cases

  Representative Cases: John Vaught has extensive class action defense experience for insurance companies
  currently serves as national trial counsel to USAA in Med-Pay
  PIP litigation nationwide. John also has extensive securities litigation experience. He is President-Elect of the Colorado Bar Association, to take office in 2018.
  Insurance
  Edwards v. USAA (Colo. Boulder Cnty. Dist. Ct. 2017) - Won a defense verdict for USAA against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was rem
  ed for trial after an appeal. USAA won on the final claim after a six-day jury trial in Boulder County.
  Jewkes v. USAA (D. Colo. 2015) - Successfully defended insurer USAA in an insurance bad faith
  breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim,
  was awarded just five figures on the third claim after having dem
  ed more than $1 million.
  Represented USAA as national trial
  coordinating counsel in all medical payments
  PIP lawsuits nationwide.
  Served as principal counsel to Allstate Insurance Company in purported class actions
  non-class cases involving the alleged failure to properly offer extended PIP coverage to all its insureds in Colorado
  regarding UM/UIM, motorcycle PIP coverage,
  diminished value litigation. WTO attorneys successfully defended approximately 100 APIP cases for Allstate entities. Class Actions
  Allen v. USAA (D. Colo. 2017) - Obtained summary judgment for USAA against a putative class action alleging that USAA's time limitation on Med-Pay benefits violated Colorado law
  that USAA failed to disclose the time limitation.
  Snyder v. ACORD, 2016 WL 192270 (D. Colo.) - Successfully represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a monumental conspiracy, in violation of federal RICO
  antitrust laws,
  involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison committee counsel,
  the joint defense group ultimately won its motion to dismiss.
  Represented Farmers Insurance in two Washington insurance class actions alleging unrepairable damage claims under UIM property-damage coverage.
  Cortez v. USAA CIC - Won summary judgment for USAA based on a plaintiff's lack of st
  ing in a putative class action regarding the contractual time limitation for medical payments coverage.
  Served as Colorado class action counsel to Liberty Mutual
  Zurich Insurance relating to alleged improper payment to Colorado healthcare providers for treatment of workers' compensation patients.
  Won a class action appeal for USAA regarding denial of class certification in a UM/UIM rate case. On rem
  , the case settled for nuisance value.
  Served as principal counsel to Aetna Health Plans in statewide class litigation in Colorado over alleged violations involving coordination of benefits with Colorado automobile no-fault carriers.
  Served as class action counsel to Aetna
  Aetna US Healthcare in alleged class litigation filed throughout the United States, including a class challenge to a nationwide HMO system of healthcare.
  Successfully represented County Mutual Insurance Company in a purported Colorado class action relating to automobile coverage
  premium pricing.
  Served as defense counsel to Allied Insurance in a purported class action involving the alleged underpayment of PIP benefits.
  Served as principal counsel to Allstate Insurance Company for class action litigation in Colorado. Successfully represented Allstate in a purported nationwide class action relating to its customer service
  quality pledge programs.
  Successfully represented numerous insurance companies in approximately 25 purported class actions filed on behalf of all Colorado policyholders regarding extended personal injury protection coverage
  related bad faith allegations.
  Successfully represented USAA in a purported class action involving the alleged failure to offer extended personal injury protection (APIP) to its members in violation of the Colorado PIP statute. Securities & Consumer Fraud Class Actions
  Successfully defended a large Colorado automobile dealer in a consumer class action in which the plaintiffs alleged violations of the federal Telephone Consumer Protection Act
  sought hundreds of millions of dollars in damages. The trial court denied class certification,
  the Colorado Court of Appeals affirmed that order on appeal,
  the Colorado
  U.S. Supreme Courts denied certiorari.
  Represented Amdura Corporation in sections 11
  10b securities fraud/shareholder class litigation.
  Represented Whirlpool
  Sears in a nationwide consumer fraud class action involving a microwave oven recall.
  Represented Citicorp Diners Club in a nationwide class action against all officers
  enlisted personnel in the U.S. Air Force relating to purported fraud in the Diners Club frequent flyer
  cardmember bonus programs.
  Retained in March 2010 to advise outside directors in sections 11
  10b securities fraud class action in the U.S. District Court for the District of Colorado.
  Represented American Airlines & AMR in class actions involving jet fuel
  Avgas tax
  baggage h
  ling equipment at Denver International Airport.
  Represented Seymour Cray
  Cray Computer Corp. in section 10b securities fraud/shareholder class litigation over the development of the Cray III supercomputer.
  Represented Meredith Corporation in securities fraud/franchise class litigation.
  Represented Costco predecessor Pace Membership Warehouse in section 10b securities fraud/shareholder class litigation.
  Represented Quovadx Corporation in section 10b securities fraud/shareholder litigation over the exchange offer with Rogue Wave Corporation.
  Represented Texaco in a nationwide class action filed by all female employees. Appeals
  Byorth et al. v. USAA, 2016 MT 32 - Won Montana Supreme Court reversal of class certification against USAA in bad faith litigation
  rem
  to the district court for further proceedings.
  Represented Security Life of Denver Insurance Company before the Colorado Supreme Court in an appeal of a critical Colorado Consumer Protection Act issue.
  Represented a member of the U-Haul family before the Colorado Court of Appeals. Other Relevant Experience
  Successfully represented Security Life of Denver before the Colorado Supreme Court
  in federal court in matters involving the Colorado Consumer Protection Act.
  Served as Colorado counsel to Tenet Healthcare in actions alleging psychiatric false imprisonment by mental health facilities operating in Colorado.
  Represented Vestas in litigation involving wind energy systems.
  Represented Chrysler Group LLC in Oregon involving dealership arbitrations following Chrysler LLC's bankruptcy in 2010.