Cases
Representative Cases: Craig May has appeared in litigation in 28 states,
his clients range from Fortune 500 pharmaceutical
medical device firms to leading ski resorts to independent oil
gas companies. Craig's practice involves product liability, mass torts, personal injury, employment,
complex commercial disputes.
Product Liability
Represent a cochlear implant manufacturer as national coordinating
trial counsel for the defense of product liability lawsuits involving a Class III medical device used to treat hearing loss.
Secured a ruling from a California appeals court affirming the preemption of claims brought against WTO's client for its abdominal stent medical device.
McNellis v. Pfizer (3d Cir. 2008) - Won a major appeal for Pfizer in a groundbreaking preemption case before the Third Circuit.
Dusek v. Pfizer - Obtained summary judgment for Pfizer on preemption grounds in a case alleging that a popular antidepressant caused suicide.
Miller v. Pfizer - Won exclusion of a star expert for the plaintiffs in antidipressant suicide litigation
won summary judgment for Pfizer in federal court in Kansas in a case alleging that the company's antidepressant led to the suicide of a minor.
Motus v. Pfizer - Obtained summary judgment for Pfizer in a case in California alleging wrongful death, failure to warn,
other claims involving the company's popular antidepressant.
Successfully resolved, both in
out of court, numerous product liability cases for a major medical device company involving a Class III implantable medical device that was removed from the market
the subject of significant regulatory action by the government.
Obtained a defense verdict for an auto manufacturer after a month-long jury trial alleging defective automotive airbags. Oil & Gas
Won an arbitration ruling for $2.9 million, including punitive damages, for an investment fund misled into overpaying for an oil field services company based on misrepresentations made during the sale
omissions made during settlement negotiations regarding the sale.
Corvax v. Continental Resources (Colo. Ct. App. 2016) - Won a victory in the Colorado Court of Appeals for Continental Resources in a dispute involving purported rights to a Colorado oil
gas lease.
Prevailed in a preliminary injunction hearing in a dispute over a valuable lease farmout relating to a successful oil shale well in Wyoming for a large regional energy company.
Represented a natural gas company in a complex contract dispute involving production from a large gas field in Wyoming
the case was favorably resolved before trial.
Obtained a favorable jury trial result on behalf of a natural gas gathering company in a case involving allegations of breach of a gas purchase contract.
Won a commercial arbitration that sought a buyout of client's multimillion dollar interest in a nationwide petroleum marketing joint venture. Ski & Recreation
Raup v. Vail Summit Resorts, Inc. (D. Colo. 2017) - Won summary judgment for Vail Resorts in a ski lift injury case.
Currently defending a ski area in a wrongful death case involving an avalanche at Vail Mountain.
Advise recreation clients on industry-specific issues.
Won dismissal of a case alleging injury as a result of tubing hill operations at a Colorado ski area. Commercial Litigation
General Steel v. Armstrong Steel (D. Colo. 2016) - Won a jury verdict for Armstrong Steel against claims of false advertising
defamation in a two-week trial in federal court in Colorado. A competitor of Armstrong sought millions of dollars.
Assisted a biotech company in an appellate briefing before the Federal Circuit, resulting in reversal of an adverse summary judgment
rem
to the state court where our client had filed the complaint.
Helped obtain dismissal of class action litigation against a national entertainment client in case alleging Colorado Consumer Protection Act violation for language on tickets sold for client's event.
Obtained reversal in the Ninth Circuit Court of Appeals of a trial court's refusal to send a contract dispute to arbitration. WTO successfully resolved the case on behalf of the client, a telecommunications company, after the Ninth Circuit ruling.
Obtained a favorable jury trial result on behalf of a manufacturer in a commercial dispute with a dealer alleging significant lost profits.
Successfully defended long distance reseller contract disputes on behalf of a major telecommunications company in cases litigated in courts around the country
before the American Arbitration Association.
Obtained a favorable settlement for a mining equipment manufacturer whose expensive equipment was severely damaged by a commercial lessee. Employment
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.
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.
H
led matters in
out of court involving trade secrets, noncompetes,
other employment issues. Pro Bono
Submitted an amicus brief on behalf of a coalition of religious organizations in Taxpayers for Public Education v. Douglas County School District. The Colorado Supreme Court adopted the position urged in the brief. The coalition included the Anti-Defamation League, the Baptist Joint Committee for Religious Liberty, the Central Conference of American Rabbis, Disciples Justice Action Network, Equal Partners in Faith, Hadassah, the Hindu American Foundation,
the Union for Reform Judaism.
Submitted an amicus brief on behalf of the Main Street Business Alliance to the Colorado Court of Appeals in the highly publicized case, Masterpiece Bakery v. Craig, which tested the limits of Colorado's antidiscrimination law. The Court of Appeals backed the position urged in the amicus brief. Other Relevant Experience
Obtained dismissal for Vail Resorts in a case in which the plaintiff sought extensive pre-suit discovery.
