David J. Driscoll
Retired
Practice Areas
Construction Defects
Appeals
Complex Commercial Litigation
Construction Litigation
Environmental Litigation
General Litigation
Insurance Bad Faith Litigation
Personal Injury & Wrongful Death
Product Liability Litigation
Experience
In his 40 years of practice, David has represented individuals, large and small businesses and government agencies in trials, appeals, arbitrations and regulatory hearings in numerous courts and venues. He has been admitted pro hac vice to handle individual cases in more than thirty states
David’s 2021 accomplishments include a string of successful settlements in complex, high-dollar personal injury cases in Colorado in Boulder County, Larimer County Adams County and Denver District Courts.
David's practice also emphasizes other forms of complex litigation, including breach of contract, business disputes, environmental torts, construction defects, professional negligence, trespass, insurance coverage and insurance bad-faith claims.
David regularly serves as an arbitrator in business and insurance disputes. In 2007, the American Arbitration Association (AAA) appointed him to its panel of neutrals. Since then, he has presided over more than 25 AAA arbitrations, including several where claims have exceeded $1M.
David is a past president and director of the Boulder County Bar Association. He was a member of the Colorado Supreme Court's Committee that wrote the rules on the use of Magistrates, and served on the Colorado Supreme Court's Attorney Disciplinary Hearing Board for six years.
David has presented continuing legal education lectures at programs sponsored by the Boulder Bar and the Colorado Trial Lawyers Association, and has authored articles on insurance law and deposition strategies for Trial Talk.
David was named as a Best Lawyers® 2023 “Lawyer of the Year” for Insurance Law in Boulder, and he has been recognized by Best Lawyers for Commercial Litigation, Insurance Law, Litigation - Insurance, and Personal Injury Litigation - Plaintiffs.
Prior to entering private practice, David served as an Assistant Attorney General representing the State of Colorado in toxic waste clean-up cases and in disciplinary actions against real estate brokers, health care providers and other licensed professionals.
Outside of work, David enjoys playing finger-style acoustic guitar, riding his bike and reading fiction and history. He grows cabbages in his garden.
Martindale-Hubbell AV® Preeminent Peer Review Rated.
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Personal Injury: In 2019, David recovered $500,000 in a settlement shortly before trial in a Boulder County premises liability case arising from a failed balcony railing.
Environmental Clean-up: David and his associate recovered $1.625M for two families in a mid-trial settlement in January 2015 of a complex environmental damage case involving a massive sediment spill from an aging reservoir in Teller County, Colorado. The spill partially destroyed a nearby trout stream.
Wrongful Death: David represented the surviving spouse of a Flight for Life nurse in a wrongful death action following a highly publicized helicopter crash on Huron Peak during an attempted mountain rescue at close to 12,000 feet. The case involved complex liability issues, proceedings related to the bankruptcy of Rocky Mountain Helicopters, Inc. and defense of a substantial workers' compensation carrier's subrogation claim.
Breach of Contract: David obtained an arbitration ruling dismissing all claims against his clients, Qwest Communications International, Inc. and Qwest Communications Corp., in a complex multi-million dollar dispute involving claims of breach of contract and misappropriation of trade secrets. The 11-day arbitration hearing required testimony from 16 witnesses. Plaintiff's final settlement offer before the arbitration hearing was in excess of $5 million. The arbitrator awarded $0. The U.S. District Court, District of Colorado, affirmed the arbitrator's decision (DMA Int'l v. Qwest Comm. Int'l, 2008 WL 4216261). In a published opinion, the Tenth Circuit affirmed both the lower court and the arbitrator's decision and awarded attorney's fees to Qwest due to the frivolous nature of the challenge to the arbitration award (585 F.3d 1341, 10th Cir., Nov. 4, 2009). David also represented Qwest in the appeal.
Education
J.D., Case Western Reserve University, 1982
B.A., Oberlin College, 1977
Bar Admissions/ Clerkships
Colorado, 1992
U.S. District Court, District of Colorado, 1983
U.S. Court of Appeals, Tenth Circuit, 1990
Memberships / Awards
Colorado Bar Association
Board of Governors, 2008-2012
Boulder County Bar Association
President, 2007-2008
Senior Fellow, Litigation Counsel of America
Colorado Super Lawyers
Selected for Business Litigation, General Litigation, Civil Litigation, Environmental Litigation, Personal Injury - General; 2006, 2009-2011, 2019
Best Lawyers in America
Selected for Commercial Litigation, Insurance Law, and Personal Injury Litigation - Plaintiffs, 2016 to present
Lawyer of the Year 2022
City of Boulder Transportation Advisory Board, 2008-2013; Chair 2012-2013
Board of Directors, Commuting Solutions (nonprofit), 2014 to present; Chair 2017-2018
In the Media
