CASE RESULTS

Pre-Trial Settlement for Boulder Residents Hit By a Truck at a Red-Light -- March 2017

David Driscoll and Jeff Rose settle on favorable terms a case filed in the Boulder County District Court on behalf of two Boulder County residents who were victims of a car crash when they were hit by a truck while stopped at a red light in Longmont, Colorado.  

Favorable Settlement Two Weeks Prior to Arbitration -- February, 2017

On behalf of a Florida-based marketing company, David Driscoll and Jeff Rose settle on highly favorable terms a vigorously defended breach of contract dispute against a Denver-based, publically traded sports supplement company.  The settlement came less than two weeks before the arbitration hearing on the merits and after more than seven months of depositions, motions and other proceedings before a Denver arbitrator from JAMS. The opposing party was represented by a team of attorneys from the Manhattan law firm of Kasowitz, Benson, Torres & Friedman LLP.

$100,000.00 State Farm Policy Limit Settlement Reached in Case Set for Trial in the Boulder County District Court -- August 2016

Five weeks before a trial in the Boulder County District Court, David Driscoll and Jeff Rose obtain a $100,000 policy limit settlement for a Boulder woman in a case involving a mild traumatic brain injury resulting from a 2012 motor vehicle collision.  The defendant in the case was insured by State Farm Mutual Automobile Insurance Company.

$370,000.00 Settlement With GEICO for Littleton, Colorado Residents Rear-Ended by a Truck -- July 2016

Less than two months before trial and after eleven months of litigation in the Arapahoe County District Court, David Driscoll and Jeff Rose obtain a $300,000 policy limits settlement for a 60 year old Littleton, CO woman and an $70,000 settlement (still to be approved by a probate court) for her 31 year old disabled son.  Both clients were injured in a forceful rear-end auto/truck collision in Centennial, Colorado in July 2013.

David Driscoll and Jeff Rose obtain a policy limits $100,000 recovery of uninsured motorist (“UM”) benefits following an April 3, 2016 incident in which an uninsured driver collided at high speed with the Toyota Avalon of an Aurora woman, causing severe injuries to her.  The injured woman’s auto insurer initially certified after the collision that the limit of UM coverage available under the policy was $25,000 per person.  In response to legal arguments made by Mr. Driscoll and Mr. Rose, the carrier reformed the policy to provide for a higher UM limit of $100,000.  The legal arguments related to the carrier’s inability to produce proof that it had offered in writing, before issuing the policy, higher UM limits to the insured, and that she had declined them.

Successful Out-of-Court Settlement for a Student Hit by a Distracted Driver -- June 2016

David Driscoll and Jeff Rose secure a favorable settlement on behalf of a University of Colorado student who was rear-ended by an SUV while riding a scooter in Boulder, Colorado.  

Favorable Out-of-Court Settlement for a Snowboarder Hit by an Out-of-Control Skier -- May 2016

David Driscoll and Jeff Rose settle on favorable terms a case brought on behalf of a University of Colorado snowboarder who was hit from behind by an out of control skier at Loveland Ski Area.

Distracted Driver's Insurance Carrier Settles With a Longmont, Colorado Resident -- March 2016

David Driscoll and Jeff Rose settle on favorable terms a lawsuit filed in the Boulder County District Court on behalf of a Longmont resident who was rear-ended by a distracted driver.  This lawsuit comes just weeks after the lawsuit was filed and the at-fault driver was served through his insurance carrier. 

Confidential Settlement Reached on Behalf of a Young Boy Injured in a  Jefferson County, Colorado ATV Accident -- January 2016

In a case set for trial in July, 2016 in the Jefferson County District Court, David Driscoll and Jeff Rose settle on favorable terms a case involving an ATV crash.  The case settled on confidential terms.

Liberty Mutual Pays Its Policy Limits to a Boulder Cyclist Hit by a Car in Downtown Boulder -- January 2016

David Driscoll and Jeff Rose secure two underinsured motorist ("UIM") policy limit settlements on behalf of a Boulder veterinarian who was seriously injured when she, a cyclist, was hit by a car in downtown Boulder, Colorado.  

Six-Figure Out-of-Court Settlement Reached for a Boulder Cyclist Hit by a Pickup Truck -- December 2015

David Driscoll and Jeff Rose resolve on favorable terms claims on behalf of a Boulder, Colorado cyclist who was seriously injured when she was hit by a pickup truck making an illegal left turn.

Pre-Trial Settlement Reached on Behalf of a Denver Resident -- October 2015

In a case set for a January, 2016 trial in the Denver District Court, David Driscoll and Jeff Rose secure a policy limits settlement on behalf of a Denver woman who was injured by a careless driver making an illegal left turn. 

Multiple Six-Figure Policy Limit Settlements Reached on behalf of a Woman Ejected from a Car in Icy Conditions -- August 2015

David Driscoll and Jeff Rose secure multiple six-figure policy limit settlements on behalf of a young woman who sustained serious injuries when she was ejected from a vehicle in a one-car crash involving icy and mountainous conditions.  They then had the policy limit settlements confirmed by a State of Colorado District Court Judge in a probate proceeding in Saguache, Colorado. 

Texting Driver's Insurance Carrier Pays the Policy Limits -- May 2015

David Driscoll and Jeff Rose secure a policy limits settlement on behalf of a Niwot, Colorado resident who suffered a traumatic brain injury when her car was hit by a driver who ran a red light while distracted by his cell phone in Boulder County, Colorado.

Boulder, Colorado Cyclist Receives Policy Limits Settlement from a Distracted Driver -- May 2015

David Driscoll and Jeff Rose secure a policy limits settlement on behalf of a Boulder cyclist who was hit by a car that failed to yield when turning left at a busy intersection in Boulder, Colorado.  The intersection is a protected intersection for bicyclists, including a green-painted dedicated bike lane. 

Driscoll Rose Featured by Litigation Counsel of America -- April 2015

Litigation Counsel of America features David Driscoll in the April edition of its Litigation Commentary for David’s role in the recent settlement of Hammer v. Catlin Canal Company, et al., in which David and Jeff Rose secured $1.625M for their clients in a case involving releases of fine sediment from Pisgah Reservoir into Fourmile Creek in Teller County, Colorado. 

Seven-Figure Mid-Trial Settlement Reached in Environmental Law Case for River Damage -- January 2015

David Driscoll and Jeff Rose secure a $1,625,000.00 settlement after one week of a two week jury trial in the Teller County District Court in a complex environmental negligence case involving the release of tons of sediment from a reservoir onto private property.

$220,000.00 Settlement for a Colorado Nurse Hit by an Uninsured Driver -- November 2014

David Driscoll and Jeff Rose secure a $220,000.00 settlement from Farmers Insurance on behalf of a Colorado nurse who incurred a traumatic brain injury after being hit by an uninsured driver. 

Contractor Pays Plumber What Was Owed -- October 2014

Jeff Rose represents a Broomfield-area plumber in a contractor payment dispute.  After filing suit in the Jefferson County District Court, Jeff negotiates a favorable settlement on behalf of his client, with the opposing party paying a significant portion of the plumber’s attorneys’ fees. 

David Driscoll is appointed to a second three-year term on the Colorado Supreme Court Hearing Board, which assists the Presiding Disciplinary Judge, William Lucero, with attorney discipline hearings and trials. 

August 2014

David Driscoll is selected by his peers to be included in the 21st Edition of The Best Lawyers in America for his work in Commercial Litigation and Personal Injury Litigation.

July 2014

David Driscoll and a firm associate file a breach of contract lawsuit in the Boulder County District Court on behalf of a Swiss corporation. David Driscoll and Joel Palmer serve as local counsel in the case with attorneys at Smith, Gambrell & Russell, LLP of Atlanta, Georgia.

The American Arbitration Association appoints David Driscoll to preside as the arbitrator in a case involving a Nebraska insurance carrier’s general denial of a claim for crop insurance benefits.

David Driscoll and a firm associate, on behalf of a third-party defendant door supplier, participate in depositions and a mediation in a complex, high dollar, construction defect case pending before an arbitrator at the Judicial Arbiter Group in Denver. A 30-day arbitration hearing is scheduled for later this year.

Church Abuse Case Settles on Confidential Terms -- June 2014

David Driscoll and Jeff Rose settled on confidential terms a widely publicized Boulder County District Court lawsuit that they brought on behalf of a young woman who had been sexually abused by the youth pastor at a Boulder County church.

David Driscoll and Jeffrey Rose petition the Colorado Supreme Court for a Writ of Certiorari on behalf of a Colorado telecommunications company in a complex tax dispute involving state law preemption.

David Driscoll and Jeffrey Rose secure a favorable settlement on behalf of a national advertising corporation in a case filed in the North Carolina Superior Court in Raleigh, North Carolina.

May 2014

After more than a year of litigation in the El Paso County District Court, David Driscoll secures a settlement on behalf of a major, Colorado-based construction supplier in a complex construction defect case.

December 2013

David Driscoll is appointed to the board of directors of 36 Commuting Solutions. 36 Commuting Solutions is a nonprofit organization whose purpose is to improve the mobility of commuters along the US 36 corridor for today and the future. The board of directors includes representatives from employers, developers and governmental entities in the area, including Level(3) Communications, Omni Hotels and Resorts, Staples, Wells Fargo, and numerous other private and public entities. David Driscoll is a former chair of the City of Boulder’s Transportation Advisory Board. Learn more about 36 Commuting Solutions here.

October 2013

David Driscoll and Jeffrey Rose secure a $200,000.00 settlement of an El Paso County District Court lawsuit brought on behalf of an Ouray, Colorado resident who suffered injuries in a Gunnison County, Colorado motor vehicle collision.

August 2013

As reported by Law360 on August 30, 2013, David Driscoll files suit in Colorado federal court on behalf of their client, a leading international contracting firm, seeking more than $1.8 million in damages against another contractor on a U.S. Department of Defense infrastructure maintenance contract in Afghanistan for breach of contract, unjust enrichment and fraudulent inducement of contract.

David Driscoll and Jeff Rose secure a $425,000 settlement on behalf of a Boulder resident who was seriously injured in a bicycle collision in Jerusalem, Israel. Driscoll Rose, with local Connecticut counsel, filed a lawsuit against the at-fault party in a State of Connecticut Superior Court, and the case involved complicated choice-of-law issues.

July 2013

David Driscoll and Jeff Rose file an Opening Brief with the Colorado Court of Appeals on behalf of a Colorado taxpayer in a complex corporate use tax dispute involving multiple municipalities, intra-municipality use tax refunds, local statutes of limitations, and state statutes of limitations.

June 2013

David Driscoll and Jeff Rose secure a policy limits liability settlement on behalf of a Thornton resident who was seriously injured in a motor vehicle collision in Westminster, Colorado.

April 2013

David Driscoll and Jeff Rose represent Colorado landowners in a complex case involving reservoir management, trespass, nuisance, and violations of the Clean Water Act.

After securing a policy limits settlement from the at-fault driver’s insurance carrier, David Driscoll and Jeff Rose settle on favorable terms an underinsured motorist case against a major national carrier on behalf of a Boulder pedestrian who incurred serious bodily injuries when she was hit by a distracted driver.

March 2013

David Driscoll completes his one-year term as chair of the City of Boulder’s Transportation Advisory Board, a group of five citizens appointed by City Council who advise Council, the Planning Board and city staff on community transportation issues.

After securing a policy limits settlement from the at-fault driver’s insurance carrier, David Driscoll and Jeff Rose obtain a policy limits settlement from State Farm, the underinsured motorist carrier, on behalf of a Boulder pedestrian who incurred serious bodily injuries when he was hit in a crosswalk by a negligent driver.

January 2013

In an insurance coverage dispute with a major insurance carrier, David Driscoll and Jeff Rose compel the insurance carrier to assume defense responsibilities in a complex civil litigation matter involving claims between several major corporations.

December 2012

David Driscoll and Jeff Rose, with their local Illinois counsel, secure an Order Compelling Arbitration in a commercial contract dispute in Springfield, Illinois. Relying on Driscoll Rose’s briefs and David Driscoll’s oral argument, the Court found that the terms of the parties’ contracts required the plaintiff to arbitrate all claims against the defendant. 

David Driscoll and Jeff Rose obtain a six-figure policy limits settlement in an underinsured motorist claim against a major insurance carrier on behalf of a Louisville, Colorado resident. 

After securing a policy limits settlement from the at-fault driver’s insurance carrier, David Driscoll and Jeff Rose settle on favorable terms an underinsured motorist claim against a major insurance carrier on behalf of a driver who was seriously injured when her vehicle was hit by a negligent driver.

November 2012

David Driscoll is invited to serve on the board of the Complex Commercial Litigation Institute, an organization composed of the country’s best complex commercial litigation attorneys. CCLI is a division of the Litigation Counsel of America, a highly selective, invitation only trial lawyer honor society representing less than one-half of one percent of American Lawyers. David J. Driscoll has been a Litigation Counsel of America Fellow since 2009. 

David Driscoll argues a Motion to Compel Arbitration on behalf of a major U.S. corporation at the Sangamon County Circuit Court in Springfield, Illinois. 

David Driscoll and Jeff Rose obtain a policy limits liability settlement on behalf of a driver who was seriously injured when her vehicle was hit head-on by a negligent driver fleeing from the scene of a hit-and-run. 

September 2012

In a complex insurance coverage dispute with Fireman’s Fund, David Driscoll, together with co-counsel at Jenner & Block LLP’s Washington D.C. office, prevails in an appeal from the Boulder County District Court’s 2011 dismissal of their clients’ claims on claim preclusion grounds. In a unanimous decision, a three judge panel of the Colorado Court of Appeals reversed the trial court and remanded the matter with directions to reinstate the clients’ claims against their insurer.

August 2012

David Driscoll, Jeff Rose and their local Illinois counsel secure an order compelling arbitration from the Cook County, Illinois Circuit Court in a complex multi-party case involving claims exceeding $1.7 million. The case involves claims of fraud and violation of the Illinois consumer protection act by a corporation and four individual defendants not party to the arbitration agreement. Relying heavily on Driscoll Rose’s briefs, the Court found that federal law preempts state law in areas critical to the motion and that the Federal Arbitration Act requires the plaintiff to arbitrate all claims against all defendants.

May 2012

The Colorado Supreme Court grants Qwest’s petition for certiorari in Qwest Corporation v. Colorado Division of Property Tax, Division of Local Affairs. The lawsuit by Qwest challenges the constitutionality of the State’s disparate tax treatment of Qwest and Colorado cable companies. David Driscoll and Sarah Croog have been members of Qwest’s legal team in the case since its filing in the Denver District Court in 2009. David and Sarah have been involved in the briefing in the Colorado Court of Appeals and the Colorado Supreme Court.

The City of Boulder’s Transportation Advisory Board (“TAB”) elects David Driscoll chair. David has been a member of TAB since 2007, and had served as vice-chair since 2011. TAB advises the Boulder City Council, Planning Board and city staff on transportation issues.

March 2012

Less than four months before what would have been an eight-day trial, David Driscoll and Jeff Rose settle on confidential terms a Boulder County District Court action against Farmers Insurance and related entities for bad faith in connection with their handling of a claim for underinsured motorist benefits by one of their insureds.

David Driscoll and Jeff Rose obtained a six-figure settlement for a Lafayette pedestrian that was severely injured when she was struck in a crosswalk by a motor vehicle.

February 2012

David Driscoll and Jeff Rose settle on confidential terms an Adams County District Court wrongful death action on behalf of the daughter of a single mother and teacher. The mother was wrongfully killed in 2010 outside of her townhome in Centennial, Colorado when a 26,000 pound delivery truck backed over and killed her as she was standing at her mailbox.

January 2012

David Driscoll and Jeff Rose settle on favorable terms a personal injury claim on behalf of a former Colorado State University football player arising from a rollover auto accident on U .S. Interstate 25 in 2009.

David Driscoll, with co-counsel at Jenner & Block LLC, obtained an important choice-of-law ruling for their client, ProBuild Holdings Inc., in an insurance coverage dispute with a number of large insurance companies. In January, Boulder County District Court adopted ProBuild’s argument that Massachusetts’s law, rather than Florida law, applies to the insurance policy issued to ProBuild by one of the insurers. This ruling was extremely significant, both in the lawsuit and nationwide, as the insurance company has sought to deny coverage to ProBuild and other policy holders nationwide based on an application of Florida law. The Court’s choice-of-law ruling was highlighted in January in the national publication Law360.

David Driscoll and a firm associate file a Denver District Court complaint on behalf of Qwest Corporation seeking review of a 2011 order entered by the Colorado Department of Revenue directing payment by Qwest of use taxes to two home rule cities in Colorado.

The firm obtains a favorable settlement for a client in a zoning dispute with Boulder County, allowing the client to proceed with his plans for the development of his business property.

December 2011

The American Arbitration Association appoints David Driscoll to a panel of three arbitrators to hear and decide a complex contract dispute involving Colorado and California telecommunications services providers.

David Driscoll and Jeff Rose settle on favorable terms a wrongful death lawsuit brought in Adams County District Court against a Denver furniture company and its owners related to the 2010 death of a pedestrian killed in Denver when struck by one of the furniture company’s delivery trucks.

On behalf of their client, a California real estate salesman, David Driscoll obtains an order from the Pueblo County District Court compelling mediation and arbitration of breach of contract and negligence claims brought by a Colorado corporation arising from the sale of a Holiday Inn Express hotel in Alamosa, Colorado.

Working through local counsel in Hartford, Connecticut, David Driscoll and Jeff Rose file a personal injury action on behalf of a Boulder, Colorado, resident who suffered serious injuries when she collided with another cyclist during a bicycle tour of Israel in 2010.

The firm settles on favorable terms a negligence claim brought by the firm’s clients against a funeral home and mortuary related to the mortuary’s negligent performance of embalming services.

The firm obtains favorable settlements for two contractor clients in payment disputes with their customers.

November 2011

The Colorado Supreme Court appoints David Driscoll to a three year term on the Supreme Court’s Attorney Discipline Hearing Board, whose members hear evidence and make recommendations to the Court in ethics complaints filed against Colorado attorneys.

August 2011

David Driscoll and Jeff Rose settle on favorable terms personal injury and insurance bad faith claims brought against Allstate in the United States District Court on behalf of a Denver, Colorado medical professional who was severely injured by an uninsured driver in 2009.  

July 2011

David Driscoll and Jeff Rose settled on favorable terms a personal injury claim brought on behalf of an Erie, Colorado resident injured in a rollover auto accident in Superior, Colorado.  The case settled outside of litigation for six figures. 

June 2011

David Driscoll and Jeff Rose obtained a six-figure policy limits settlement from State Farm for underinsured motorist benefits for a Boulder County, Colorado motorcyclist that was struck and injured by an automobile.

David Driscoll represented the purchaser of a 74-room hotel in Alamosa, CO, seeking to recover losses resulting from the seller’s failure to disclose material facts relating to the transaction.  After a four-day arbitration in May, 2011, the arbitrator awarded David and Ken’s client $300,000 on his claim for fraudulent nondisclosure. The opposing party never made a pre-award settlement offer. David and Ken will now seek an award of attorney fees and costs in accordance with the contract.

David Driscoll successfully defended a long-time firm client in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract.  The claimant sought approximately $34,000 in damages from David’s client, and David’s client sought $3,966.55 in damages from the claimant.  The arbitrator awarded the claimant $0, and awarded David’s client all of its claimed damages, as well as its fees for the arbitrator.   

The Boulder County Bar Association presented it's annual award of merit to Alex Garlin in honor of his many years of outstanding achievement, dedication to the legal profession and selfless service to the community.

April 2011

David Driscoll and Jeff Rose resolved an insurance bad faith claim filed in the United States District Court against Allstate on behalf of homeowners whose Denver, Colorado home was severely damaged by a 2009 fire. 

David Driscoll serves as arbitrator in an American Arbitration Associate crop damage case brought by a Flagler, Colorado farmer against the farm’s crop insurance carrier.

March 2011

David Driscoll and Jeff Rose recovered policy limits from both the liability and underinsured motorist carriers on behalf of a Golden, Colorado, businessman who suffered serious injuries in a motor vehicle collision while on a business trip near Prague, Oklahoma.  The settlements received favorable mention in the October/November issue of Trial Talk, the publication of the Colorado Trial Lawyers Association.     

5280 and Law & Politics Magazines select David Driscoll for inclusion in Super Lawyer for 2011 in the area of business litigation. The magazines perform the polling research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in the state are named. This is the fourth time David has been named. He was previously selected in 2006, 2009 and 2011.

David Driscoll, on behalf of Qwest Corporation, complete all briefing in the Colorado Court of Appeals in a pending dispute with the Colorado Division of Property Taxation over the Division’s disparate treatment of telephone and cable service providers.

September 2010

After successfully obtaining an insurance-funded defense for his client in a tort action, David Driscoll fought off efforts by the insurance company to resolve the issue of whether the claims were covered before the tort action went to trial. Then David Driscoll negotiated a settlement with the insurance company to cover all of his client’s defense costs and liability exposure.

July 2010

David Driscoll defended a firm client in an American Arbitration Association arbitration of a commercial dispute involving claims and counterclaims for breach of contract. Eight witnesses testified and over one hundred exhibits were received in evidence. The claimant sought approximately $48,000 in damages from David’s client and David’s client sought $12,719.51 in damages from the claimant. The arbitrator awarded the claimant $0 and awarded $12,119.51 plus costs to David’s client.

David Driscoll is elected by fellow board members to be vice-chair of the City of Boulder’s Transportation Advisory Board (“TAB.”) TAB advises Boulder’s City Council, Planning Board and City staff on a broad range of transportation issues.

The American Trial Lawyers Association selects David Driscoll as one of only 100 trial lawyers from Colorado for membership in its 2010 Top 100 Trial Lawyers.

Jeffrey Rose joins the firm as an associate. Jeff received his law degree from the University of Colorado and recently completed a two-year clerkship with Hon. Norman Haglund of the Denver District Court.

June 2010

The firm obtains a dismissal of a trademark infringement action brought against his client, and the client received a five-figure settlement payment from the plaintiffs.

March 2010

5280 and Law & Politics Magazines select David Driscoll for inclusion in Super Lawyer for 2010 in the area of business litigation. The magazines perform the polling research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in the state are named. This is the third time David has been named. He was previously selected in 2006 and 2009.

David Driscoll files and serves a major declaratory relief action in U.S. District Court in Denver on behalf of the nation’s largest supplier of building materials to professional contractors involved in an insurance coverage dispute with eleven insurance carriers.

January 2010

David Driscoll obtains a full policy limits settlement from the driver of an automobile who struck and severely injured a bicyclist in a crosswalk in Boulder on August 22, 2009.

December 2009

David Driscoll represented a bicyclist severely injured in a head-on collision with another bicyclist on a multi-use path in the City of Boulder.  Both cyclists sued each other, arguing that the other’s negligence caused the bicycle accident, and seeking compensation under the other’s homeowner’s insurance coverage.  David worked with a respected accident reconstruction engineer in preparing their case.   The case settled prior to trial on positive terms for David’s client.  The precise terms of the settlement agreement are confidential.

David Driscoll negotiates a swift and favorable settlement on behalf of their client who alleged he was the victim of religious discrimination and severe bullying during his years at a public charter school. The case was efficiently resolved after an initial demand letter and subsequent mediation session.

November 2009

A Mesa County District Court judge grants a motion to dismiss filed by David Driscoll on behalf of Qwest Corporation in a lawsuit filed by a Grand Junction businessman who claimed disruption in his business based on alleged failure to properly transfer a business telephone number. David’s motion relied on the filed tariff doctrine.

In a published opinion, the Tenth Circuit Court of Appeals affirms a November 2007 arbitration award of $0 in a complex multi-million dollar commercial dispute. David Driscoll represented the defendant during the arbitration hearing that resulted in the arbitration award in favor of their client. The Tenth Circuit Court of Appeals also granted a request for attorney’s fees due to the frivolous nature of the challenge to the award.

October 2009

David Driscoll settles a Boulder County District Court lawsuit on favorable terms for their client who suffered a neck fracture and other injuries in a head-on bicycle collision with another cyclist on a City of Boulder multi-use path. Each cyclist claimed that the other was at fault. David Driscoll’s client had more than $250,000 in medical expenses and faced possible liability for the collision.

The firm settles on confidential terms a contentious dispute between their client, a high-tech start-up company, and the company’s largest investor.

David Driscoll filed suit against a defaulting borrower and his insurance agent in Arapahoe County District Court on behalf of a lending institution. The claims include allegations of breach of contract and negligent misrepresentation.

The firm negotiates a confidential settlement on behalf of a limited liability company in a dispute between the company and a minority member who had brought a dissolution action. The case involved complex and ongoing discovery and intellectual property issues that had continued for more than a year under previous counsel. After taking over the case and working through discovery issues in a matter of months, the firm retained specialized experts who provided favorable opinions in support of the company’s positions. They settled the case two weeks before trial, and in the process prevented future disputes with the minority member.

May 2009

After a year of litigation, David Driscoll settles on confidential terms a Boulder County District Court lawsuit brought by them against a Longmont, Colorado Presbyterian Church and related persons and entities for alleged sexual abuse of a minor by the church’s director of youth ministry. The case and the settlement received local press coverage.

5280 and Law & Politics Magazines select David Driscoll for inclusion in Super Lawyer for 2009 in the area of business litigation. The magazines perform the polling research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in the state are named. This is the second time David has been named. He was previously selected in 2006.

November 2008

Nez Perce Tribal Court of Appeals in Lapwai, Idaho reverses the Tribe’s trial court and dismisses multi-million dollar trespass claims against two non-tribe corporate defendants. David Driscoll represented one of the corporate defendants.

October 2008

U. S. District Judge Walker Miller rejects request to vacate arbitration decision and affirms arbitrator’s November 2007 award of $0 in complex multi-million dollar commercial dispute. David Driscoll represented the defendant.

July, 2008

Following a two-day arbitration in a $408,188 contract dispute, AAA arbitrator rules in favor of David Driscoll’s client on all issues, awards $0 and dismisses all claims with prejudice. The opposition’s final settlement demand was for $175,000 and other consideration.

June, 2008

David Driscoll recovers $250,000 for a 40-year old Broomfield, Colorado woman in an insurance bad faith lawsuit against the woman’s own auto insurer. The case involved claims that that the insurer, which was responsible for the payment of the woman’s medical expenses after an auto collision, unreasonably delayed a needed low back surgery. The settlement followed depositions taken by David of insurance company adjusters and a supervisor in Houston, Texas. (All cases are different and the firm does not mention this result to guarantee similar results in other cases.)

National Law Journal interviews David Driscoll regarding 2008 legislative changes to Colorado’s Offer of Settlement statute.

May, 2008

David Driscoll and Alex Garlin (ret.) recover $2.5 million on behalf of a family of four Boulder County residents injured in head-on motor vehicle collision on the Peak to Peak Highway in late 2005. (All cases are different and the firm does not mention this result to guarantee similar results in other cases.)

April 2008

Litigation Counsel of America, a national trial lawyer honorary society composed of less than one half of one percent of American lawyers, invites David Driscoll to become a fellow. Fellows are selected based upon effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.

David Driscoll, after nearly a year of litigation, recovers $225,000 in underinsured motorist benefits for a Nederland, Colorado couple injured in a motor vehicle collision in Boulder Canyon in 2005. David had previously recovered $500,000 for the couple from the at-fault driver’s auto liability insurer. (All cases are different and the firm does not mention this result to guarantee similar results in other cases.)

March 2008

Boulder City Council appoints David Driscoll to five-year term on the City’s Transportation Advisory Board.

David Driscoll appears for oral argument in the Court of Appeals of the Nez Perce Tribal Court in Lapwai, Idaho in a case involving allegations of trespass by telephone and cable companies on two allotments within the Nez Perce reservation. In October, 2007, the tribal court denied a motion to dismiss for lack of subject matter jurisdiction filed by David on behalf of their telephone company client. At David’s request, the tribal court agreed to stay all trial court proceedings until the tribal court of appeals can decide the question of jurisdiction.

October 2007

David Driscoll represents a large commercial client at an 11-day arbitration hearing in September and October 2007 involving tens of millions of dollars, a highly complex contract, and allegations of breach of contract, misappropriation of trade secrets, and civil conspiracy. The case results in an arbitration award in favor of the client and the dismissal of all claims. The arbitration hearing was held before Judge James Miller at JAMS in Denver.

The case involved months of e-discovery and related discovery disputes and included the production of more than 76,000 documents, all of which were managed on a secured online database.

July 2007

American Arbitration Association advises David Driscoll of his approval for admission to the AAA's Panel of Commercial Arbitrators.

May 2007

David Driscoll completes his third year a member of the Colorado Bar Association’s Legislative Policy Committee.

April 2007

David Driscoll obtains a ruling from U.S. District Court judge dismissing three of four claims for relief against his clients in a breach of contract and negligence action in a three year old lawsuit delayed by collateral proceedings involving the plaintiff’s bankruptcy.

March 2007

David Driscoll begins second three-year term on the board of directors of the Boulder County Bar Foundation.

February 2007

David Driscoll obtains, following seven months of discovery, a favorable settlement in a Youngstown, Ohio state court trespass lawsuit involving claims for damages and injunctive relief. A 245 lawyer national firm based in Pittsburgh, PA., represented the plaintiff. David represented the defendant.

December 2006

David Driscoll obtains policy limit settlements on behalf of Plaintiffs in three separate personal injury cases.

September 2006

David Driscoll wins defense awards in two American Arbitration Association arbitrations, one in Seattle, Washington, and one in Denver, Colorado, on behalf of R.H. Donnelley, one of the firm’s commercial clients.

July 2006

Alexander Garlin obtains complete dismissal of all charges, including child abuse and assault charges by Boulder DA against private school teacher and administrator as a result of defense investigation showing that he his conduct was appropriate in dealing with an aggressive and unruly student.

David Driscoll begins his sixth year at a member of the board of trustees of the Legal Aid Foundation of Colorado.

April 2006

David Driscoll successfully resolves a sexual assault civil claim brought against his client, a 58-year old Boulder County resident. The case resolved at a court-ordered mediation.

March 2006

5280 and Law & Politics Magazines select David Driscoll as a Colorado Super Lawyer for 2006 in the area of business litigation. The magazines perform the polling research and selection of Super Lawyers in a process designed to identify Colorado lawyers who have attained a high degree of peer recognition and professional achievement. Only five percent of the lawyers in the state are named Super Lawyers.

David Driscoll obtains an order compelling arbitration of a damages action brought in Larimer County District Court against their client, a Colorado corporation and one of its employees. The case involves claims of breach of fiduciary duty, negligence, civil conspiracy and violations of the Colorado Consumer Protection Act.

David Driscoll obtains policy limits settlements of two uninsured motorist claims that he brought on behalf of a Colorado School of Mines student injured in a head-on collision with a drunk driver on Highway 93 in December 2000.

October 2005

David Driscoll obtains a policy limit settlement of a personal injury claim against the estate of deceased defendant in a Boulder County District action arising from a Weld County auto-motorcycle collision. The claimed damages arose primarily from a claim of psychological injury to the plaintiff.

December 2003

David Driscoll recovered damages for a client in a settlement of a Denver District Court personal injury action in which client suffered second degree burns in an incident at a lower downtown Denver tavern.

 

2001

David Driscoll obtained a 7-figure settlement for a Boulder County woman who suffered catastrophic injuries in an intersection automobile collision near Longmont, Colorado.  David and Eric’s work on the case received favorable mention in the ATLA Reporter, a publication of the Association of Trial Lawyers of America, in 2001.

 

1998 and 1999

David Driscoll represented the surviving spouse of a 36-year-old Weld County farmer who was killed in an automobile accident caused by a drunk driver who also died in the crash.  After depositions were completed, the case settled during mediation for seven figures.

 

1995

David Driscoll represented the surviving spouse of a Flight For Life nurse who was killed in a highly publicized helicopter crash on Huron Peak during an attempted mountain rescue at 11,000 feet.   The case settled for seven figures.  It involved complex liability issues, proceedings related to the bankruptcy of Rocky Mountain Helicopters, Inc., and defense of a substantial workers' compensation carrier's subrogation claim.

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