Cases
Experience: Appellate Experience: DaimlerChrysler v. Lew Williams, 48 Cal.Rptr.3d 233 (Cal. Ct. App. 2006): Won a precedent-setting judgment from the California Court of Appeals, which preserved a trial court finding that guaranteed the right of automotive manufacturers to enter into litigation waiver contracts under a relatively common anti-waiver dealer act provision.
Granite State Insurance v. Ken Caryl Ranch Master Association, 183 P.3d 563 (Colo. 2008): Appealed to the Colorado Supreme Court a case which had been reversed by the Colorado Court of Appeals. Following arguments, the Colorado Supreme Court's published opinion restored the complete victory for the insurer in this precedent-setting case of first impression
made it easier for commercial property insurers to underst
follow Colorado's statutory notice requirements.
Business Litigation Experience: Borders v. Aspen Equestrian Estate (Colo. 2010): Defended against a real estate company's claims that client's interference caused the loss of a $2 million investment when it prevented the sale of a shopping center before the real estate market crashed. The court ruled for the client on all issues of liability, causation,
damages.
Settled breach of contract dispute involving a supply chain agreement between two large food distributors.
Beasley v. Anheuser-Busch (Colo.): Obtained involuntary dismissal, through detail-oriented litigation, of a plaintiff's claims due to discovery abuses by the plaintiff
plaintiff's counsel.
Franchise Matters: Continental Imports v. Mercedes-Benz USA (Tex. 2020): At a two-week evidentiary hearing before a two-judge panel, successfully defended a challenge by an existing Mercedes-Benz dealer that sought to prevent MBUSA from establishing a new dealership. The proposal for decision, which was adopted by the state agency, allows MBUSA
its c
idate to establish a new Mercedes-Benz dealership in Austin, Texas. The agency decision was affirmed on appeal. Continental Imports, Inc. v. Mercedes-Benz USA, LLC, No. 03-21-00377-CV (Tex. App. Jan. 6, 2023).
Represented franchisor Comfort Dental Group in a dispute in which a sub-franchisor challenged the legality of the underlying business model.
Star Houston v. Mercedes-Benz (Tex. 2014): Represented Mercedes-Benz USA in multiple challenges brought by a dealer against MBUSA's incentive programs, including its nationwide, comprehensive dealer performance bonus program. A two-judge panel issued a proposal for a decision vindicating the program. The matter settled shortly after issuance.
Chapman Las Vegas Dodge v. Chrysler (Nev. 2013): Defended Chrysler against a protest filed by two local dealers to stop Chrysler's establishment of a new Las Vegas dealership.
Mercedes-Benz v. Star Automobile (M.D. Ga. 2011): Won a preliminary injunction in Georgia for Mercedes-Benz USA in a dealership breach of contract dispute involving the sale of a dealership to a proposed buyer that MBUSA did not want as a Mercedes-Benz dealer.
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.
Auto Stiegler v. Mercedes-Benz USA (C.D. Cal. 2006): Won a complete jury verdict in a franchise dispute in Los Angeles, defeating plaintiff's claims
winning all six counterclaims
an award of over $7 million, including punitive damages, for Mercedes-Benz USA.
Oxymagic Franchise Development v. Oxi Fresh Franchising (Colo.): Defended a national consumer services franchisor from claims related to infringement, unfair competition,
trade secrets,
led the franchisor to a settlement that preserved its marks
rights to operate throughout the country.
Air Force JAG Criminal Prosecution Experience: United States v. Miller (Cal.): Represented the United States (as a former Air Force JAG trial counsel)
delivered all arguments in a 19-day jury trial that resulted in an officer's conviction on multiple counts of sexual assault
kidnapping.
United States v. Erickson (Wash.): Represented the United States (as a former Air Force JAG trial counsel)
delivered the arguments that resulted in a sentence of life in prison for a father convicted of various counts of aggravated child abuse.
The above representations were h
led by Mr. Kelso prior to his joining Greenberg Traurig, LLP.
Military Experience: Major, United States Air Force, Judge Advocate General's Corps, 1997-2004
Circuit Trial Counsel, Travis Air Force Base, California, 2001-2004
