Litigation

Handling appeals before state and federal courts is a challenging, but critical, aspect of resolving disputes for clients.  HBC lawyers have many years of experience in handling appeals both in the courts in Colorado, and in federal circuits around the country.  Our substantive expertise in particular practice areas combined with our knowledge of the unique intricacies of appellate work allow us to provide high-quality representation to clients involved in the appellate process.

The lawyers at Hutchinson Black and Cook have extensive experience with complex commercial disputes.  We represent both businesses and individuals, and we have handled all kinds of business controversies, including breach of contract claims, equipment lease defaults, securities claims, partnership disputes, shareholder actions and claims, claims against officers and directors, business dissolutions, banking, debt collection, and environmental claims.  We pride ourselves on achieving the best possible result in a cost-effective manner that furthers our clients' business and financial goals. 

Hutchinson Black and Cook is a leading law firm standing up for people subjected to civil rights violations. This includes discrimination on the basis of race, national origin, gender, sexual orientation, religion, age, and disability status.

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For decades, Hutchinson Black and Cook has represented clients in construction disputes of various types, sizes and descriptions, including disputes concerning construction defects, scheduling delays, poor workmanship, structural and building material failures, water intrusion, mechanic’s lien claims and insurance coverage.  Our trial lawyers have successfully represented owners, developers, contractors, subcontractors, architects, surveyors, engineers, and other construction professionals. 

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We understand and appreciate that the litigation process is frequently expensive and time-consuming, and our employment attorneys work with our clients in developing creative and effective strategies for resolving workplace disputes in an effort to avoid costly and disruptive litigation.  However, when litigation becomes inevitable, our attorneys have the skill and experience to zealously and effectively represent our clients in nearly every type of employment dispute.  We regularly represent both employers and employees in state and federal courts and before administrative agencies in lawsuits and employment-related claims involving a wide variety of matters including wrongful termination, breach of contract, discrimination, harassment, defamation, trade secrets, covenants not to compete, wage and hour issues, and matters involving employment benefits.

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HBC attorneys have brought successful claims in Colorado state courts for high-dollar recoveries following damage to land, buildings, streams, and personal property caused by the release of pollutants. David Driscoll recently handled two such cases, one involving a massive sediment discharge from a reservoir that severely damaged a Teller County trout stream and another involving a major asbestos spill at a home in Boulder County.

Not all disputes are easily categorized into a particular, well-defined area of law, or a dispute may touch on many areas of law.  Hutchinson Black and Cook’s skilled litigators are prepared to help clients navigate all types of controversies, from the seemingly simple to the most complex. 

Insurance bad faith describes claims that an insured person may have against his or her insurance company for its bad acts.  Insurance bad faith can occur when an insurer fails to follow statutory or regulatory guidelines, unreasonably denies a claim, refuses coverage, delays the payment of benefits owed, or otherwise mishandles a claim.  Damages recoverable through a bad faith claim are for the economic and non-economic harm caused by the wrongful conduct.  HBC litigators have extensive experience, with notable success, representing individual plaintiffs in insurance bad faith cases against insurance companies. 

HBC attorneys have a long-recognized history of representing individuals who have been injured as a result of a third party’s, company’s, or institution’s conduct, as well as family members who have lost a loved one due to catastrophic injuries.  Several HBC attorneys have been honored in Super Lawyers and America’s Best Lawyers for their work in a wide variety of personal injury cases.  HBC has extensive experience in cases ranging from automobile collisions, medical negligence, products liability, civil rights violations, Title IX discrimination, defamation, railroad crossing injuries, the civil prosecution of criminal conduct, intentional injuries, and skiing injuries.  The HBC attorneys who represent injured individuals handle cases across the state, in both federal and state courts, and in the area of Title IX discrimination handle cases across the country.

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The American legal system has developed thoughtful and consumer-friendly laws that apply when dangerous products cause injury to persons or property.  It is not necessary to prove that a manufacturer was negligent in making an unsafe product, only that the product turned out to be unreasonably dangerous because of a defect in design or manufacturer or a lack of adequate instructions or warnings.  This area of law is commonly referred to as “strict liability” and HBC lawyers are knowledgeable and experienced in bringing claims against a wide variety of product makers including motor vehicles, household products, bicycles, medical products, pharmaceuticals and tainted food.

HBC attorneys have extensive experience representing individuals who have been injured or harmed in a variety of professional negligence cases.  For decades, this work has included professional medical negligence, which has spanned a variety of cases, from failure to diagnose serious medical conditions, negligent treatment and procedures, and post-operative care.

The physical extent of ownership of real property is defined by boundary lines and, despite the best efforts of realtors, lawyers and surveyors, it is not always easy to tell where one person’s property ends and another’s begins, which can lead to a boundary dispute. This is particularly true where owners have constructed improvements such as fences or even structures on the wrong side of the legal boundaries, or have used someone else’s property as their own for an extended period of time.  Boundary litigation is usually complex, requiring reconstruction of historical events and review of old surveys, often going back decades.  Other forms of boundary disputes involve incorrect property descriptions and errors in surveying.  Typical claims in a boundary dispute include trespass, adverse possession and acquiescence.  HBC attorneys have significant, landmark experience successfully litigating these matters for clients.

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There are more than 200,000 railroad grade crossings in the United States.  Numerous kinds of claims can arise at grade crossings in which people are killed or injured, or property is damaged.  Accidents include trains striking cars or trucks, derailments, and bicycles or pedestrians encountering dangerous conditions on the tracks or crossing.

HBC attorneys have handled all manner of railroad grade crossing claims involving some of the largest rail carriers.  HBC lawyers obtained a verdict against Burlington Northern in Boulder County for $23 million, and against Union Pacific in Douglas County for $16 million.  HBC’s experience makes the difference in high-stakes cases.

Hutchinson, Black and Cook's real estate attorneys have extensive experience in real estate matters, ranging from the needs of the modern developers, landowners and lenders in the Boulder Valley to the unique real estate issues arising from our mining and agricultural heritage.

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Securities litigation involving public and private companies often comes at difficult times, such as when a company has announced an M&A transaction, during a downturn in the market, or after a company hits a bump in the road.  We assist companies and individuals in resolving these disputes as efficiently as possible, while always keeping the end goal in mind.  For some clients, that may mean negotiating a prompt and fair settlement that allows companies to focus on business growth rather than litigation.  For others, it means developing a comprehensive trial strategy for the full-throated defense of a company’s disclosures and representations.  We find that pursuing both of these strategies at once is often most effective, because it allows for a settlement on advantageous terms when possible, and leaves our clients fully prepared to defend their actions and statements in court when necessary. 

Title IX prohibits educational institutions receiving federal funds from discriminating on the basis of sex. In intercollegiate sports, Title IX requires equal scholarships, equal treatment, and equal opportunity. While Title IX has greatly expanded opportunities for women and girls to participate in sports, ninety percent of intercollegiate athletic programs are still in violation of Title IX. Our experienced attorneys work to protect and enforce athletes’ rights under Title IX through civil litigation, alternative dispute resolution, and policymaking.

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Enforcement of rights in intellectual property is critical to maintaining such rights.  Our attorneys are skilled at negotiating resolutions to alleged infringements, and violations of agreements.  When such measures are not sufficient, our litigation attorneys offer the confidence of counsel with extensive business and intellectual property litigation experience, including trademark, copyright and patent infringement and unfair trade practice cases at the state and federal levels.

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