Cases
Representative Cases: Ray Martin has built a reputation as a premier employment litigator. He routinely represents Fortune 500
other sophisticated clients in FLSA, whistleblower, discrimination, EEOC,
trade secret
noncompete lawsuits across a range of highly regulated industries including aviation, telecommunications,
healthcare. Chambers USA has ranked Ray in B
1 for Employment Litigation in Colorado since 2011.
Won a defense jury verdict in federal court for a telecommunications client facing age discrimination
retaliation claims.
Obtained complete dismissal of claims under the Federal False Claims Act for CollegeAmerica (aka The Center for Excellence in Higher Education).
Obtained dismissal of all claims against University of Colorado Hospital Authority in a whistle blower case filed in district court in Colorado Springs.
EEOC v. CollegeAmerica Denver (D. Colo. 2016) - Won a complete defense verdict for CollegeAmerica (aka The Center for Excellence in Higher Education) in a lawsuit brought by the U.S. Equal Employment Opportunity Commission. WTO attorneys won dismissal of two claims relating to severance provisions in 2014. A federal jury decided for CollegeAmerica on the final claim of retaliation in 2016.
Prevailed against allegations of racial discrimination against a tech industry employer in Nevada. Following a two-
-a-half-year investigation, the Equal Employment Opportunity Commission concluded that no discriminatory conduct had occurred.
Menge v. AT&T (10th Cir. 2014) - Won Tenth Circuit affirmation of a lower court ruling for AT&T in an ERISA dispute.
EEOC v. CollegeAmerica Denver (D. Colo. 2014) - Obtained dismissal of key claims brought by the Equal Employment Opportunity Commission (EEOC) of alleged violations of the Age Discrimination in Employment Act (ADEA)
involving the EEOC's national campaign to limit employers' language in separation agreements. Two claims brought by the EEOC were dismissed outright for lack of subject matter jurisdiction. A third claim continues to be litigated.
Represented a range of clients in seven recent noncompete cases, resulting in five preliminary injunctions enforcing the clients' noncompete agreements
, in two cases, defeating plaintiffs' attempts to enforce noncompete agreements against our clients.
Obtained dismissal with prejudice of a race discrimination case brought against FedEx Freight in federal court in Colorado. The case was dismissed based on the plaintiff's discovery misconduct.
Successfully defended a nonprofit organization in a pro bono matter involving claims of national origin
religious discrimination filed by a former employee. The Colorado Civil Rights Division rejected all of the plaintiff's claims
dismissed her charges of discrimination. The organization assists refugees to establish economic self-sufficiency in the U.S. after fleeing persecution in foreign countries.
Obtained a preliminary injunction following a full-day evidentiary hearing in a Colorado district court on behalf of a large Ohio-based commercial painting company in a case involving trade secrets
a noncompete agreement.
Stoney v. Cingular Wireless (10th Cir. 2012) - Defended the appeal to the Tenth Circuit of a 2010 jury verdict WTO won on behalf of AT&T in a high-profile whistleblower case. Law Week Colorado called the underlying trial court victory one of the Top Defense Verdicts of 2010.
Obtained a preliminary injunction enforcing WTO's client's non-competition agreement with a former employee after a two-day hearing in Jefferson County, Colorado.
Apodaca v. Allstate Insurance (Colo. June 20, 2011) - Won a Colorado Supreme Court decision favorable to WTO's client, Allstate,
all Colorado auto insurers in a purported class action involving disclosures associated with underinsured
uninsured motorist policies.
Won a defense ruling in a week-long arbitration involving seven-figure damage claims
punitive damages brought by a former CEO
chairman of WTO's client, a securities broker-dealer.
Successfully argued that a judgment previously entered against WTO's client was improper. The new order vacated the $500,000 judgment entered against the defendant by a Colorado state court in 2008 in an ERISA matter h
led by another firm.
Successfully defended a major engineering firm against an FLSA class action.
Successfully defended a Colorado college before the Colorado Civil Rights Division in one of the first complaints filed under the 2007 amendment to the Colorado Anti-Discrimination Act, which extended state protection in the workplace to discrimination based on transgender status. WTO established that the plaintiff, a staff member
instructor at the college who had started a gender change from male to female, was terminated solely for her misconduct, not because she was transgender.
Obtained injunctive relief in Colorado state court for an international payroll services company, enforcing the company's rights under a nonsolicitation agreement against a former employee who had gone to work for a competitor.
Successfully defended a class action lawsuit filed in federal court in Colorado against a national financial institution accused of discriminating in its lending practices based on national origin.
Won a temporary restraining order (TRO)
preliminary injunction (PI) for an international software developer in federal court in Colorado. The TRO
PI enjoined two of the clients' former employees from violating their non-compete
proprietary information agreements.
Represented a major federal contractor in connection with a pattern
practice EEOC investigation relating to alleged gender discrimination, pregnancy discrimination,
glass ceiling issues.
Obtained a temporary restraining order to stop the former employee of a healthcare third party administrator (TPA)
his new employer from contacting the TPA's customers. WTO also obtained a declaratory judgment that the TPA's noncompete agreement was enforceable under Colorado law.
Robinson v. FMC
Carnagua v. FMC (D. Id.
S.D. Ind.) - Represented FMC Corp. in ERISA class actions brought by FMC retirees in Idaho
Indiana, respectively, who asserted that they were entitled to lifetime healthcare based on terms of various collective bargaining agreements. In the Idaho case, plaintiffs stipulated to the dismissal of the litigation with prejudice following discovery
filing of WTO's motion for summary judgment. In Indiana, following the completion of discovery, the Court entered summary judgment in favor of FMC on all claims.
