Cases
Representative Cases: Kathryn Reilly represents clients in complex commercial
antitrust litigation, including in such highly regulated industries as aviation, healthcare,
telecommunications. Just in the past four years, Katie has served as lead counsel in seven unrelated antitrust actions in federal court. Chambers USA ranks Katie for commercial litigation in Colorado. She serves on the firm's six-member management committee.
Antitrust & Competition
Beltran v. Noonan et al. (D. Colo. 2015) - Represent multiple defendants in a $2.1 billion federal antitrust
labor class action challenging the au pair exchange program administered by the Department of State.
Serving as lead counsel for a New Mexico healthcare trade association in a federal antitrust action alleging the association conspired to exclude healthcare providers from market.
Won motions to dismiss all antitrust claims against our client, a leading technology distributor, in multiple related antitrust conspiracy lawsuits brought by former distributors.
EPMM Colorado v. Green Cross Colorado (Denver Cnty. Dist. Ct. 2015) - Won reversal of a TRO that had been issued ex parte at the close of business on a Friday, effectively shutting down operations for a major manufacturing
distribution client,
subsequently won rejection of the injunction against WTO's client.
Successfully represented a healthcare trade association in an $80 million federal antitrust lawsuit alleging conspiracy among the trade association, health systems,
health insurance companies.
JetAway Aviation v. Board of County Commissioners of the County of Montrose, Colorado (D. Colo.
10th Cir.) - Won summary judgment from trial court
successfully defended that order before the Tenth Circuit in a federal antitrust lawsuit alleging conspiracy to monopolize fixed-base operations at an airport.
TOG & Wild Harvest v. U.S.P.S. (D. Colo. 2012) - Successfully defended a government contractor in a federal antitrust class action
obtained early dismissal of tying
monopolization claims asserted by franchisee plaintiffs.
Counseled healthcare providers regarding antitrust implications of joint venture transactions, the development of integrated networks, ACOs, managed care contracting,
price
cost surveys among competitors.
Defended a health system against antitrust claims
state law claims in multiple lawsuits brought by physicians relating to failed joint ventures. Commercial Litigation
Represent a nation-leading telecommunications company in an indemnification action against an independent contractor based on FCRA violations resulting in a class action lawsuit.
Briefed
argued for a leading U.S. railroad operator in a Tenth Circuit appeal defending a district court order that dismissed a third-party intervenor's claims against WTO's client based on lack of st
ing to enforce an EPA consent decree. Opinion pending.
Successfully represented an aerospace supplier in a product liability action involving responsibility for a $10 million cleanup effort at a rocket manufacturing facility.
Successfully defended a Fortune 50 telecommunications conglomerate against allegations brought by a competitor that WTO's client breached FCC phone number portability regulations.
Successfully represented a leading regional healthcare network as lead trial counsel in a high-stakes trademark dispute against a national healthcare insurance provider.
Obtained dismissal for an insurance company client facing a civil RICO lawsuit in federal court, with risk of treble damages, for issuing a surety bond to a marijuana business as required by state regulations. The judge granted our client's motion to dismiss because the plaintiffs failed to plausibly allege injury sufficient to establish RICO st
ing.
Won summary judgment for a major ski resort as plaintiff in a contract dispute involving a wireless infrastructure contractor.
Represent one of the nation's largest healthcare franchisors in a federal court action challenging the legality of the underlying business model.
Successfully represented a Colorado-based healthcare system in breach of contract action involving provision of home healthcare services.
Won a complete verdict in a bench trial in federal bankruptcy court involving claims of fraud alleged in a business divorce.
Bristol Bay Productions v. Lampack (Colo. Denver Dist. Ct. 2008) - Won dismissal from trial court for publisher Simon & Schuster in a case involving a movie studio's $50 million damages claim relating to the movie Sahara
alleging false representation of popular novelist Clive Cussler's readership figures.
Represented the founders of a major ski resort in a two-week jury trial against a leading mountain resort company in a breach of contract action.
Represented a Fortune 100 telecommunications company in a favorable appeal in the U.S. Court of Appeals for the D.C. Circuit, involving the application of Federal Communications Commission (FCC) regulations.
Represented a health system
obtained favorable settlement in a breach of contract action based on the termination of a management services contract for a Colorado hospital's oncology department.
Hammond v. Opler (Colo. Boulder Cnty. Dist. Ct. 2008) - Obtained a favorable verdict
monetary damages in a one-week jury trial based on an extreme
outrageous conduct claim.
ThermaSol v. Gems Sensors (Cal., Ventura Cnty. Super. Ct.) - Defended a manufacturing company against a multimillion-dollar breach of warranty claim involving allegedly defective parts
negotiated a favorable settlement of less than 10 percent of the damages claimed. Municipal
Representing the City of Aurora in a Rule 106 action against the City of Greenwood Village involving an intergovernmental agreement between the cities under which Greenwood Village transferred development authority of a real estate parcel to Aurora.
Represented Denver International Airport in high-profile claims involving bid rigging
unfair competition relating to a $50 million terminal concessions contract.
Represented Denver International Airport against the Regional Transportation District in a dispute over cost sharing agreements involving a new rail line serving the airport.
Represent citizens in a lawsuit against a municipality alleging a violation of the Colorado Taxpayer Bill of Rights (TABOR). Real Estate
Horizon Park Partners v. Gator Horizon Partners (Colo. Ct. App. 2016) - Won reversal of summary judgment against our client, a real estate developer, in a dispute over a reciprocal easement, the outcome of which will have a multimillion-dollar effect on the value of the property. The case was rem
ed to district court with orders to hear evidence at trial.
Obtained injunctive relief for a shopping center owner
developer requiring an adjacent property owner to renovate the shopping center common area according to the terms of a reciprocal easement agreement.
Bailey & Bailey v. Koss (Colo. Ct. App.) - Represented a property owner in the appeal of a quiet title action before the Colorado Court of Appeals.
Scott v. Chicago Title Insurance (Colo. Denver Cnty. Dist. Ct.) - Represented a real estate developer
obtained a $4.8 million judgment against the title insurance company after a seven-day bench trial in a bad faith breach of title insurance action.
Represented a major railroad company in connection with numerous right of way disputes, including quiet title
condemnation actions.
