Cases
Representative Cases: Jeremy Moseley has significant experience managing mass
class action defenses nationwide. He has also won multiple complex commercial trials. Jeremy's experience includes such highly regulated industries as insurance, healthcare, medical devices, telecommunications,
oil
gas.
Class Actions
Allen v. USAA (D. Colo. 2017) - Obtained summary judgment for USAA against a putative class action alleging that USAA's time limitation on Med-Pay benefits violated Colorado law
that USAA failed to disclose the time limitation.
Snyder v. ACORD, 2016 WL 192270 (D. Colo.) - Successfully represented seven codefendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a monumental conspiracy, in violation of federal RICO
antitrust laws,
involving virtually all property insurers in Colorado as well as industry trade groups. WTO served as liaison committee counsel,
the joint defense group ultimately won its motion to dismiss.
Nguyen v. USAA CIC (D. Colo. 2015) - Defeated putative class claims for bad faith
consumer protection act claims related to time limits for medical payments coverage.
Representing USAA in a putative class action in Montana regarding USAA's h
ling of claims for medical payments coverage.
Represented Farmers Insurance in two Washington insurance class actions alleging unrepairable damage claims under UIM property-damage coverage.
Cortez v. USAA CIC - Won summary judgment for USAA based on a plaintiff's lack of st
ing in a putative class action regarding the contractual time limitation for medical payments coverage.
Successfully defended against class action allegations brought against a nursing home chain
its affiliated companies, resulting in a complete dismissal of all class claims.
Kail v. Whirlpool (D. Colo. 2009) - Obtained a highly favorable non-class settlement in a putative, multistate class action involving Whirlpool-made wall ovens.
Successfully represented a diagnostic testing company against class action allegations following a high-profile hepatitis outbreak at a hospital,
obtained a complete dismissal of all claims without any settlement payment by WTO's client. Mass Torts
Serve as national resolution counsel for GE Healthcare in pharmaceutical products liability litigation by providing strategic advice, overseeing the evaluation of hundreds of claims,
managing the day-to-day implementation of the client's strategic goals, resulting in the successful resolution of hundreds of millions of dollars in potential claims.
Developed a novel argument for summary judgment in defense of GE Healthcare in its Omniscan litigation. The trial court granted summary judgment,
in 2015 the Sixth Circuit affirmed.
Defended a pediatric dental practice group against over 250 claims of malpractice, resulting in a favorable settlement. Insurance
Edwards v. USAA (Colo. Boulder Cnty. Dist. Ct. 2017) - Won a defense verdict for USAA against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was rem
ed for trial after an appeal. USAA won on the final claim after a six-day jury trial in Boulder County.
McNamara v. USAA (Colo. Dist. Ct. Arapahoe Cnty. 2016) - Won a complete defense jury verdict for USAA in the first ever bad faith trial challenging USAA's h
ling of claims for medical payments coverage claims.
Won a unanimous decision from the State of Colorado Multidistrict Litigation Panel defeating an effort to create a broad MDL for insurance bad faith cases that would have set a dangerous precedent in Colorado
other states. WTO successfully argued that the plaintiffs sought to incorrectly emphasize general claims h
ling guidelines over the individual claims decisions of each adjuster,
which could have been applied to any type of insurance coverage, not simply the cases at issue.
Jewkes v. USAA (D. Colo. 2015) - Successfully defended insurer USAA in an insurance bad faith
breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim,
was awarded just five figures on the third claim after having dem
ed more than $1 million.
Serve as consulting
monitoring counsel to USAA in bad faith lawsuits involving medical payments
PIP coverage nationwide.
Won a unanimous jury defense verdict in a three-week trial in Denver District Court for USAA. WTO lawyers defeated breach of contract
bad faith claims in connection with USAA's refusal to provide coverage for a roof on the plaintiffs' property. The jury returned a complete defense verdict in less than one hour. Commercial Litigation
Advise manufacturers, distributers,
suppliers in litigation arising out of contractual disputes regarding questions of liability.
Represent manufacturers in matters involving potential exposure for claims related to various products
manufacturing processes.
Represented a commercial tenant in a lease dispute. After WTO won partial summary judgment, the case settled very favorably.
Developed a novel argument for summary judgment in a case of first impression in Colorado. The case, which involved ERISA disputes
contractual time limitations, reached a favorable resolution for the client while the motion was pending.
Represented a managing partner in a $5 million suit between law firm partners with respect to claims of fraud
mismanagement. After a two-week trial, WTO's client prevailed on fraud
mismanagement claims,
the Court ordered an accounting
liquidation of the firm.
Represented an oil
gas company in a breach of contract case concerning the purchase of oil
natural gas assets in Colorado. Other Relevant Experience
Successfully appealed a family law matter of first impression in Kansas state court for a pro bono client.
