Cases
Representative Cases: Jessica Scott is one of the firm's leading appellate lawyers
focuses her practice on the defense of mass
class actions involving product liability, employment,
insurance disputes. She has significant experience in the distinct areas of punitive damages
employee classification issues.
Byorth et al. v. USAA, 2016 MT 32 - Won Montana Supreme Court reversal of class certification against USAA in bad faith litigation
rem
to the district court for further proceedings.
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.
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.
Walker v. Ford Motor Co. (Colo. App. 2015) - Won reversal of a 2013 jury verdict against Ford Motor Co. in a case that alleged strict liability
negligence relating to a rear-end collision in a 1998 Ford Explorer. The Court of Appeals concluded that the application of consumer expectation as a st
alone test in Colorado's pattern jury instructions does not comply with Colorado law as established by the Colorado Supreme Court in Camacho v. Honda Motor Co. (1987).
Represented an international shipping
package delivery company in numerous arbitrations involving independent contractor classification.
Won before the Colorado Court of Appeals on behalf of an insurance company in a breach of contract matter.
Defended the appeal to the Montana Supreme Court of a jury verdict favoring Ford Motor Company in a product liability case involving a fatal car accident.
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.
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. WTO litigated 187 of these Section 747 arbitrations,
, as directed by Congress, resolved all of the litigation within seven months.
Saaremets v. Whirlpool (E.D. Cal. 2010) - Obtained dismissal of a plaintiff's class action complaint alleging false advertising filed against Whirlpool.
Scoggins v. Encompass Insurance (Colo. App. 2009) - Defended an appeal to the Colorado Court of Appeals that affirmed the trial court's finding that WTO's client, Encompass Insurance, was not liable for the claims brought against it in an insurance case. Subsequently defended the award of costs to WTO's client.
Kail v. Whirlpool (D. Colo. 2009) - Obtained a highly favorable non-class settlement in a putative, multistate class action involving Whirlpool-made wall ovens.
Hudgins v. Southwest Airlines, 212 P.3d 810 (Ariz. App. 2009) - Obtained 88% reduction in the appeal of a punitive damages award.
Rush v. Whirlpool (W.D. Ark. 2008) - Defeated certification of a multistate class action in Arkansas federal court involving claims that certain Whirlpool-made refrigerators were defective.
Ganyard v. Allstate Insurance (Colo. App. 2008) - Summary judgment affirmed.
Wobst v. Allstate Insurance, 262 Fed. App'x 75 (10th Cir. 2008) - Summary judgment affirmed.
Allen v. Martin, 203 P.3d 546 (Colo. App. 2008.) - Obtained summary judgment on a previously undecided question of Colorado law.
