Cases
Representative Cases: John Streelman has litigated cases in 20 states
gone to decision/verdict in 18 matters. His practice encompasses complex business torts, including franchise
distribution agreements, employment disputes,
high-stakes medical malpractice defense.
Business Litigation
West Colorado Motors (AutoNation) v. General Motors et. al. (Colo. Sup. Ct. 2017) - Obtained a rare reversal of certiorari from the Colorado Supreme Court in a high-stakes dealer relocation dispute for GM.
Atkission v. FCA US LLC (2016) - Successfully represented FCA in a one-week trial involving a dealer's wrongful termination claim under Texas statute, resulting in an 81-page favorable proposed decision at the trial level.
Hooman v. FCA US LLC (2016) - Successfully represented FCA in a one-week trial in California involving a dealer's claim regarding an allegedly improper sales incentive audit. WTO achieved a successful proposed decision at the trial level, which it successfully defended before the Board, receiving complete affirmation of the proposed order. WTO later successfully defended the Board's adoption of the proposed order in a subsequent writ filed by the dealer.
Dependable Dodge v. FCA US LLC (2016) - Represented FCA in a three-week trial involving a dealer's wrongful termination claim under California statute.
SFK v. Isuzu (2016) - Represented Isuzu in a seven-day jury trial in federal court involving a dealer's claim for wrongful termination, declaratory judgment, breach of contract
claims of violations under South Dakota statute regarding warranty reimbursement
parts mark-up rates.
Mathew Enterprise v. FCA US LLC (2016) - Obtained complete dismissal on a motion to dismiss of a federal court action filed against FCA involving a dealer's request to relocate. The case included causes of action for wrongful termination under state statute, violation of the Automobile Dealer Day in Court Act
breach of the implied covenant of good faith
fair dealing.
Mathew Enterprise v. Chrysler Group (Cal. Super. Ct. Santa Clara Cnty. 2015) - Won a complete defense decision following a month-long, California trial for Chrysler Group
Chrysler Realty in a five-year, $50 million lawsuit including statutory, fraud,
contract claims.
Successfully defended Chrysler against an automobile dealership's allegations of oppressive
unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
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.
Obtained complete summary judgment in California for Chrysler on claims brought for breach of contract
violation of statutory franchise laws.
Successfully managed
resolved multiple cases involving a massive apartment fire resulting from arson
including claims by approximately 80 plaintiffs for premises liability, wrongful death,
respondeat superior.
Defended claims of premises liability against a major healthcare provider in New Orleans involving alleged patient deaths arising out of Hurricane Katrina.
Successfully resolved, prior to suit, a matter arising out of a major forest fire on federal l
against a utility provider. The case involved complex issues of premises liability, federal authority/l
s
contractual interpretation.
Successfully defended a large healthcare provider against claims arising out of a security exercise performed at one of its facilities. The plaintiff alleged claims including assault, false imprisonment,
intentional infliction of emotional distress.
Assisted Chrysler in a two-week administrative trial involving a terminated dealer that claimed it was improperly terminated in violation of state franchise laws.
Obtained dismissal under Rule 12 in federal court for a major airline regarding claims relating to an incident at Denver International Airport
restrictions on the right to fly internationally.
Quality v. Chrysler Group (D. N.M.) - Successfully defended Chrysler in federal court against claims for declaratory
injunctive relief
prevented a dealership from being reinstated in the dealership network. The matter dealt with a complex issue of federal preemption/interpretation
state franchise laws. The court's ruling was beneficial to similar litigation around the country. Employment
Obtained a preliminary injunction following a full-day evidentiary hearing in a Colorado district court on behalf of a large Ohio-based commercial painting company in a case involving trade secrets
a noncompete agreement.
Obtained a favorable ruling granting a motion to transfer a case from Colorado to Utah. The lawsuit arose from an employment dispute against a Utah utility provider
involved claims of disparate treatment, retaliation, unlawful demotion,
unlawful termination.
Represented numerous large transportation
freight carriers in administrative investigations
hearings regarding purported misclassification of independent contractors.
Successfully obtained involuntary dismissal with prejudice for a national freight carrier against claims of race discrimination in federal court in Colorado.
Successfully obtained a favorable outcome in a case against a national freight carrier, including defense of claims by four plaintiffs of race discrimination, age discrimination, pattern/practice,
retaliation.
Represented large freight carriers
local delivery
pumping companies in unemployment hearings with national policy implications.
Defended cases brought against employers for respondeat superior, negligent hiring, negligent supervision,
negligent training, including a recent case brought in federal court against a national healthcare provider. That lawsuit alleged a minor was paralyzed from the neck down when he attacked another individual staying at a care facility. The lawsuit asserted claims of negligence, negligent policies, negligent hiring, negligent training,
negligent supervision of employees. Medical Malpractice
Won a complete defense verdict in federal court in Colorado for an emergency physician in a three-week medical malpractice trial in which the plaintiff alleged misdiagnosis leading to paralysis
asserted damage claims of $12 million. The verdict was featured in DRI's And the Defense Wins (October 1, 2014).
Won a unanimous jury defense verdict for a cardiothoracic surgeon in a two-week medical malpractice trial involving injuries associated with an atrial fibrillation surgery.
Obtained complete dismissal under Rule 12 on behalf of a surgical group against claims for wrongful death.
Negotiated
obtained voluntary dismissal of claims for negligence
wrongful death against a large national retirement community
assisted living provider.
Obtained complete dismissal under Rule 12 on behalf of a large healthcare provider
an individual physician regarding claims for fraud, conspiracy,
medical malpractice. The ruling included an award of fees
costs.
Successfully negotiated, on the eve of trial, voluntary dismissal with prejudice of claims for negligence
wrongful death brought against a general surgeon.
Negotiated
obtained voluntary dismissal of two emergency department physicians on the eve of trial from claims asserting medical negligence related to a burst brain aneurism.
Obtained complete dismissal on summary judgment for a registered nurse
large national nurse staffing company in a case alleging medical malpractice
respondeat superior.
Negotiated
obtained, after discovery had commenced, voluntary dismissal on behalf of a large obstetrical group against claims of negligence per se, intentional infliction of emotional distress, invasion of privacy, breach of contract, respondeat superior, res ipsa loquitur, negligent hiring
supervision,
violation of HIPAA. Appeals
West Colorado Motors v. General Motors (Colo. Ct. App. 2016) - Successfully defended General Motors in the relocation of an automobile dealership in which the plaintiff alleged that GM unreasonably approved the dealership's move.
Sundin v. United Airlines (Colo. Ct. App. 2015) - Won complete affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry-on bag on her head. The case involved multistate choice of law issues,
the Court of Appeals entirely adopted WTO's position in affirming the trial court's prior dismissal of the lawsuit.
Obtained rem
increased benefits for an injured veteran in a pro bono matter before the U.S. Court of Appeals for Veterans Claims.
Larry Menke v. DaimlerChrysler, 90 Cal. Rptr. 3d 389 (2009) - Won affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser.
