Cases
Representative Cases: Michael O'Donnell has appeared as lead defense counsel in 40 states for product liability, professional liability, class
mass actions,
complex commercial matters for many of the nation's leading companies. Mike is a Fellow
former Regent of the American College of Trial Lawyers. His colleagues
peers have voted him the #1 lawyer in Colorado Super Lawyers for six consecutive years.
Auto-Owners v. Summit Park, Nos. 16-1348
16-1352 (10th Cir. 2018) - Won complete affirmance in the Tenth Circuit of l
mark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser,
sanctioning the policyholder
its lawyers for misconduct in connection with the appraisal. Terence Ridley
Evan Stephenson argued the two appeals, respectively.
Dukes v. Michelin (Nineteenth Jud. Cir. St. Lucie Cnty. FL 2016) - Won a complete defense jury verdict for Michelin following a nine-week trial in Florida in which the plaintiffs requested damages in excess of $80 million. WTO attorneys demonstrated that Michelin's tire was not defective, was well-designed
well-manufactured,
had been previously damaged during its service life. The jury found Michelin not liable for the accident.
Represented Denver International Airport in high-profile claims involving bid rigging
unfair competition relating to a $50 million terminal concessions contract.
Auto-Owners v. Summit Park, 2016 WL 1321507 (D. Colo.) - Won order vacating a $10.87 million property insurance award
disqualifying a national property appraiser,
subsequently won sanctions against the policyholder
its lawyers,
won 99.7% of attorneys' fees
costs.
Represented Denver International Airport against the Regional Transportation District in a dispute over cost sharing agreements involving a new rail line serving the airport.
Allen v. Michelin (Ariz. Sup. Ct. Mohave Cnty. 2015) - Won a unanimous defense verdict for Michelin North America following a three-week trial in Arizona state court. The plaintiff dem
ed $20 million in actual
punitive damages, claiming our client's tire separated
caused a rollover accident that resulted in severe injuries. Michelin was found not at fault on all claims.
Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to h
le a complex patent infringement matter, then sued the firm for negligence
breach of fiduciary duty.
Represented a global healthcare company in multidistrict litigation involving over 12,000 claims relating to dialysis products.
Represent a Fortune 10 company as national resolution counsel in hundreds of cases involving a medical imaging contrast agent alleged to induce a rare disease.
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.
Represented a Fortune 500 company as national trial counsel for hundreds of product liability claims
lawsuits involving a Class III medical device used to treat abdominal aortic aneurysms.
Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud
violated consumer protection laws.
Obtained a Rule 12(b) dismissal of a complaint filed in federal court in Missouri against a large international law firm. The plaintiffs ultimately obtained an eight-figure jury verdict against the remaining defendants in the case.
Secured a ruling from a California appeals court affirming the preemption of claims brought against WTO's client for its abdominal stent medical device.
Obtained a Rule 12(b) dismissal of a malpractice case against five lawyers. The opposing party appealed the dismissal
, while the appeal was pending, the case settled with no payments being made by WTO's clients.
Obtained summary judgment for a law firm client
an award of attorneys' fees in a legal malpractice case in which the plaintiff sought $7 million in damages. The plaintiff appealed the award of attorneys' fees,
the parties settled the appeal with payments being made to the client.
Moore v. Bertuzzi - Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction
forum non conveniens,
also obtained a six-figure award of attorney's fees
costs in favor of the Canucks organization
against Mr. Moore.
Awarded complete summary judgment in a legal malpractice case one week before a multi-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.
Obtained partial summary judgment in federal court on behalf of a large national law firm that had been sued for malpractice, aiding
abetting, conspiracy,
violations of RICO. The ruling reduced the damage claim from over $150 million to less than $2 million
paved the way for a favorable settlement of the case.
Vastano et al. v. AT&T Wireless - Defended AT&T Wireless in a nationwide class action in Colorado state court involving the billing of wireless air time.