COMMERCIAL LITIGATION

Reilly Pozner Law

Reilly Pozner handles civil and commercial litigation across the country for both plaintiffs and defendants, specializing in matters that involve significant liability exposure, public visibility, and a high likelihood of going to trial. The firm’s success on behalf of our clients stems from the fundamental orientation toward victory at trial. The lawyers at Reilly Pozner are regularly in court presenting cases and arguments to judges and jurors, and the firm approaches each case as if it will go to trial. That litigation posture pays dividends to clients, whether the ultimate resolution of their case is by settlement or verdict.

The lawyers at Reilly Pozner have broad experience in its civil litigation practice, including experience with: Arbitration & Mediation; Breach of Contract; Business Torts; Business Transaction Litigation; Consumer Litigation; Fiduciary Litigation; Financial Services Litigation; Franchise Disputes; Insurance; Intellectual Property; Media; Professional Malpractice; and, Sports Litigation.

National Organization of Life and Health Insurance Guaranty Associations (NOLHGA)


For nearly ten years, Reilly Pozner has represented the plaintiff’s in a Missouri bank’s mishandling of thousands of consumers’ funeral trust funds. The case arose out of a nationwide fraud scheme by National Prearranged Services, Inc. (NPS), a Missouri-based seller of preneed funeral contracts. Dan Reilly has served as lead counsel on the case which was brought by Jo Ann Howard and Associates, P.C., the Special Deputy Receiver, a group of state insurance guaranty associations including Missouri and Texas and their national organization, the National Organization of Life and Health Insurance Guaranty Associations (NOLHGA).

The plaintiffs of the multi-million-dollar lawsuit assert that Allegiant Bank, the original trustee of NPS’s fraudulent pre-need funeral fund breached multiple trustee duties in failing to exercise any control over the trusts, protect its assets and keep adequate records of its activities and by relinquishing control of the trusts’ pre-need assets to NPS and the individuals who owned and controlled NPS. Six of those individuals were criminally convicted, all were sentenced, and served time in prison.

The plaintiffs further assert that Allegiant “repeatedly violated its duty of impartiality to the multiple beneficiaries of the NPS trusts.” In addition to seeking compensatory damages, plaintiffs argue that substantial punitive damages are in order due to Allegiant violating its duty of loyalty in putting its interests and the interests of its shareholders above the interests of the trusts’ beneficiaries including thousands of Missouri consumers.

In 2009, the Special Deputy Receiver and state guaranty associations filed the dispute against 35 defendants including 9 banking and accounting firms, and multiple individuals. All of the original defendants either settled or were dismissed. PNC bank was sued as successor to Allegiant Bank. The plaintiffs alleged that all of the banks breached their fiduciary duties and were negligent.

After a five-week trial, a jury awarded the plaintiffs $355.5 million in compensatory damages and $35.5 million in punitive damages. The jury’s award was appealed and subsequently overturned by the Eighth U.S. Circuit Court of Appeals, holding that according to trust law the case should not have been tried to a jury but rather tried to a judge.

Current remand proceedings are focused on quantification of the significant losses that resulted to the subject trusts from Allegiant’s alleged gross dereliction of its professional duties.

The Denver Broncos


For two decades Reilly Pozner has represented the Denver Broncos in bet-the-company litigation matters; and resolved multiple potential disputes involving all facets of the organization’s operations. The Denver Broncos are a National Football League sports franchise whose related organizations include PDB Sports, Ltd., d/b/a Denver Broncos Football Club, Bowlen Sports, Inc., and Stadium Management Company, LLC.

The Firm has handled multiple matters working extensively with Broncos General Counsel Rich Slivka and senior management in the organization. The Firm’s work includes successfully handling major litigation matters and, advising the club on multiple litigation and potential litigation matters.

The Denver Broncos


For two decades Reilly Pozner has represented the Denver Broncos in bet-the-company litigation matters; and resolved multiple potential disputes involving all facets of the organization’s operations. The Denver Broncos are a National Football League sports franchise whose related organizations include PDB Sports, Ltd., d/b/a Denver Broncos Football Club, Bowlen Sports, Inc., and Stadium Management Company, LLC.

The Firm has handled multiple matters working extensively with Broncos General Counsel Rich Slivka and senior management in the organization. The Firm’s work includes successfully handling major litigation matters and, advising the club on multiple litigation and potential litigation matters.

DCP Midstream


Dan Reilly, Clare Pennington, and Michael Robertson successfully represented DCP Midstream, LP, one of the nation’s largest natural gas processing companies, in a jury trial involving complex oil and accounting issues.

Successors to a gas purchase and processing agreement sought multi-million-dollar payments for natural gas processed out of the DJ Basin in Weld County. DCP counterclaimed for overpayments. The results were as such – a successful jury trial result after a two-week trial in Denver District Court. The Plaintiff is now appealing the judgment.

Suncor Energy (U.S.A.) Inc.


Dan Reilly, Clare Pennington, and John McHugh were involved in a commercial arbitration dispute on behalf of a Colorado refinery owner seeking contractual indemnification from the refinery’s former owner for $130 million in environmental cleanup costs. The client, Suncor Energy (U.S.A.) Inc., is part of Canada’s leading integrated energy company. Suncor sought indemnification pursuant to an environmental agreement entered into with the refinery’s former owner for clean-up costs resulting from leakage from an underground pipe. Following a three-week confidential arbitration involving multiple lay witnesses and expert witnesses opining on multiple scientific and financial topics including metallurgy, geology, hydrology, and environmental losses, the parties reached an amicable settlement.


Trane U.S. Inc.


Reilly Pozner represented Trane U.S. Inc. a world leader in air conditioning systems, services and solutions, in the re-trial after appeal of a Colorado federal court action brought by a former franchisee of the company. In the re-trial, our legal team obtained a defense judgment which was later affirmed in the U.S. Court of Appeals for the Tenth Circuit.

TRUSTEE LITIGATION

Reilly Pozner Law

The Denver Broncos


In 2014, as part of his succession plan, Pat Bowlen, owner of the Denver Broncos turned over the reins of the team to a three-person trust. The trustees are tasked with carrying out Mr. Bowlen’s wishes to pick one of his children to become controlling owner or selling the team if it is in the best interest of the family. In 2018 a lawsuit commenced over who controls and will eventually own the Denver franchise. Dan Reilly, Clare Pennington, and Michael Robertson represent the Denver Broncos’ trustees in this matter.

FINANCIAL LITIGATION
Reilly Pozner Law

AIG

Dan Reilly serves as trial counsel to AIG and its insurance and broker-dealer subsidiaries in structured finance, intellectual property, unfair competition litigation, and in arbitration proceedings before the Financial Industry Regulatory Authority. This representation included protecting the rights of AIG as a certificate holder in connection with a proposed $8.5 billion settlement of residential mortgage-backed securities claims against Bank of America.

Target Brands, Inc.


Reilly Pozner represented Target Brands, Inc., a wholly-owned subsidiary of Target, which holds and protects all of the company’s trademarks, patents and other intellectual property. The Colorado Department of Revenue sought more than $40 million in corporate income tax from TBI. After a two-week trial, the Court entered judgment reducing the tax assessment to $12.8 million.

CLASS ACTION
Reilly Pozner Law

One of the most complex categories of litigation for plaintiffs, defendants and the courts is the class action – a procedural mechanism created to increase the efficiency of the legal process by aggregating a large number of individualized claims into one representative lawsuit.

When it comes to class actions, Reilly Pozner is one of the few firms that represent both plaintiffs and defendants. We have developed the human and technological resources to prosecute or defend class action matters for clients across a wide
range of industries.

Certification of the proposed class is usually the most important event in the case – often determining whether it will settle or proceed to trial on the merits. Class certification happens relatively early on. At Reilly Pozner, we use our trial skills to quickly prepare a strong case either for or against class certification.

Most class actions do not go to trial. But at Reilly Pozner, in instances where class certification occurred prior to our involvement, we have been hired to try the case to a judge or jury. We have also successfully represented individual members of class actions who “opted out” of a class settlement in order to pursue their individual claims.

Medved Autoplex


Medved, a family-owned and operated group of automobile dealerships hired Reilly Pozner to defend its interests when facing a purported class action claiming that new cars were equipped in violation of the Colorado Consumer Protection Act. After winning landmark reversals at the Colorado Court of Appeals and Supreme Court of the trial court’s initial approval of class treatment, RP team members were called on once again to defend against Plaintiffs’ renewed attempt at certification of two different proposed consumer classes. This five-year battle for class certification culminated in an extensive four-day evidentiary hearing. Agreeing with Reilly Pozner and its client that individual examinations of each car purchase file were necessary, and class wide inferences could not be made, the Jefferson County District Court (Tidball, J.) denied Plaintiffs’ Second Motion for Class Certification on Rule 23 superiority and predominance grounds.

PERSONAL INJURY
Reilly Pozner Law

What do you do when someone else’s carelessness or negligence dramatically changes your life? You may be suddenly, faced with mounting doctors’ bills, calls from insurance adjusters and not sure where to turn. Our attorneys have been representing those injured by another’s negligence for more than 20 years. We have secured substantial recoveries for our clients and have helped to balance the harm caused by the wrongful acts of others.

OPIOID COALITION COLORADO CITIES AND COUNTIES


In January 2019 Reilly Pozner was appointed co-counsel on behalf of 17 entities in Colorado federal court against certain manufacturers and distributors of opioids. Led by the City and County of Denver, the Colorado Coalition holds defendants accountable for the far-reaching effects of the opioid epidemic on their residents and their budgets. The lawsuit will join over 1,500 cases filed on behalf of counties and cities nationwide.

Reilly Pozner LLP
1700 Lincoln Street,
Suite 2400
Denver, CO 80203

Phone: 303.893.6100
Toll-Free: 855.206.1549
Fax: 303.893.6110
info@rplaw.com