Litigation
At Welborn, we optimize our clients’ interest in avoiding and resolving disputes by bringing a blend of pragmatism and preeminent trial skills and experience. Our attorneys have practiced before the United States Circuit Courts of Appeals (including the 9th Circuit, 10th Circuit and D.C. Circuit); the United States Court of Claims; the Colorado Supreme Court; the Colorado Court of Appeals; the U.S. District Courts for the Districts of Colorado, Alaska, Arizona, California, Kansas, Montana, New Mexico, Ohio, Utah, Virginia, Washington, and Wyoming; and various other federal and state trial courts, agencies, and commissions.
For information on our particular expertise in oil & gas litigation, see Oil & Gas Litigation.
We specialize in:
Trial
Welborn’s litigation team brings a wealth of experience to trials, pre-trial motions and discovery practice, and settlement discussions before trial or initiation of a formal lawsuit. With courtroom experience becoming rarer among attorneys, we have made it our business to build and maintain an effective, active trial practice. With extensive trial experience representing clients of all sizes in jury, bench, and administrative trials, we have gained knowledge and expertise that benefits our clients at every stage of litigation. Whether it is early case assessments and pre-trial negotiations or counseling and structuring settlements, our expertise gives our clients an advantage that often helps them avoid future litigation.
For information on our particular expertise in oil & gas litigation, see Oil & Gas Litigation.
REPRESENTATIVE TRIALS:
- Represented real estate company in obtaining favorable jury verdict concerning claims of breach of contract, negligent misrepresentation, and fraud.
- Represented oil and gas company in successful bench trial regarding allegations of contamination and negligence.
- Defended and resolved a $500 million shareholder claim against an oil and gas client.
- Arbitrated an area of mutual interest covering the Bakken play in Montana. Enerplus Resources (USA) Corp. v. Slawson Exploration Company, Inc., AAA case (77 198 00189 06 MAVI).
- Defended royalty underpayment claims involving 223 natural gas Well in Yuma County, Colorado. After favorable jury verdict and court of appeals decision, the case was favorably settled after Colorado Supreme Court remanded for new trial. Rogers v. Westerman Farm Co, 986 P.2d 967 (Colo. App. 1998), rev’d and remanded 29 P.3d 887.
- Represented oil and gas companies in U.S. federal qui tam litigation.
- Represented client in an eight week criminal jury trial in federal court where client was acquitted of all charges, including money laundering, wire fraud and RICO charges.
- Obtained trial court judgment granting a constructive trust in favor of our client on oil and gas leases over an area covering 200 sections of land and an award of disgorgement of profits to client, plus damages and other relief. Klabzuba Oil and Gas, et al v. Textana, Inc., et al, Case Nos. DV-98-051 and DV-98-137, Montana Twelfth Judicial District, Hill County, Montana. Affirmed by the Montana Supreme Court, 316 Mont. 532, 77 P.3d 551.
- Represented client in case involving mineral trespass and conversion of diamonds from Colorado/Wyoming State Line diamond area. Union Pacific Land Resources Corporation v. Diamond Company, NL, et al, Case No. 97-S-129, United States District Court, District of Colorado. Case favorably settled.
- Successfully obtained injunction for the owner of a 29,000 acre ranch enjoining excessive logging by logging company. Jaroso Creek Ranch v. United States Forest Industries, et al, Civil Action No. 98-S-2491, United States District Court, District of Colorado. Case then favorably settled.
- Served as co-counsel in lawsuit involving campaign fund-raising investigation by Department of Justice, which was favorably resolved. Federal Election Commission v. Colorado Republican Federal Campaign Committee, Maria Cino and John Heubesch, et al, Case No. 89-N-1159, United States District Court, District of Colorado.
- Represented plaintiff and counterclaim defendant in breach of contract and covenant not to compete. Tried to verdict and obtained six-figure damage award for client.
- Represented client in obtaining wind farm permits in contested case proceeding before Wyoming Industrial Siting Council and successfully defended permits on appeal. Northern Laramie Range Foundation et al. v. Converse County Bd. Of County Com’rs & Wasatch Wind Intermountain, LLC et al., 2012 WY 158, 290 P.3d 1063 (Wyo. 2012).
- Represented Canadian trucking company in a multi-year, multi-lawsuit litigation arising from series of catastrophic accidents along I-80 in Wyoming.
- Represented Wyoming governmental entities in successfully defending against variety of civil rights claims, from excessive force to First Amendment retaliation.
- Involved in notable pro bono cases, including representing a high school student shot in the Columbine High School tragedy and representing a key witness in evidentiary disputes in the high-profile criminal case of People v. Kobe Bryant.
Complex Commercial Litigation
Our attorneys have broad experience in commercial litigation matters, ranging from highly-complex business disputes involving millions of dollars to smaller matters between individuals or small entities. Our experience in both prosecution and defense spans contract law, construction law, insurance law, and white collar criminal law on state and federal levels. We handle a wide range of contract disputes and business torts involving real property, natural resources, corporate law, employment claims, professional malpractice, trade secrets, claims based on fraud, misrepresentation and business torts, and other commercial transaction matters.
For information on our particular expertise in oil & gas litigation, see Oil & Gas Litigation.
REPRESENTATIVE MATTERS:
- Obtained summary judgment in favor of client on fraud, estoppel, and declaratory judgment claims and dismissal of opponents’ $12.5 million claim for alleged breach of energy services contract.
- Represented oil & gas company in complex accounting of recovery factors at natural gas processing plants, natural gas liquids and residue gas.
- Regularly defends two national insurance companies in litigation and arbitration.
- Litigated and arbitrated numerous securities claims on behalf of plaintiff claimants throughout the United States.
- Successfully defended title insurer in arbitration on title matters.
- Represented an employer in a class action wage dispute matter. Okamoto v. Bradley Petroleum, Inc.
- Represented oil & gas company in a dispute over title to leasehold interests in approximately 26,000 mineral acres in the Wamsutter field located in Carbon and Sweetwater Counties, Wyoming.
- Represented oil & gas company in defense of action seeking damages and recession of assignment of oil and gas leases and seeking to assert claims for alleged anti-trust violations.
- Represented oil & gas company in favorably settling contamination claims related to alleged spill on landowner’s property.
- Obtained dismissal of our client from class action suit against energy companies. McGreevey v. Montana Power Co., et al., 320 Fed.Appx. 775.
- Obtained directed verdict in favor of defendant client in jury trial, with plaintiffs’ $128 million dollar claim dismissed and attorneys’ fees awarded to our client. West Hawk Development Corp. et al. v. Encana Oil & Gas (USA) Inc., Denver District Court.
- Represented oil & gas company in challenging the unprecedented action of the U.S. Department of the Interior in cancelling 18 oil and gas leases issued to the company. Case settled favorably for our client.
- Obtained confidential arbitration award (three member arbitration panel) in Denver, Colorado in favor of client and rejecting $2.5 million damages claim for costs incurred for natural gas pipeline and midstream infrastructure project.
- Obtained dismissal for client from antitrust action. Riviera Drilling & Exploration Co. v. Gunnison Energy Corp., et al., 412 Fed.Appx. 89.
- Represented company in title and partnership dispute over uranium mining claims near Moab, Utah. Utah Energy Corp. v. Lammert, Civil No. 0807-59, San Juan County, Utah
- Represented company in dispute over operations of a gold mine in Nevada.
- Represented company in multi-million dollar claims arising out of a failure to properly hang a liner, leading to the cementation of a drill pipe and four months of milling and fishing operations. Golden Eagle Exploration, LLC v. Weatherford U.S., L.P., Case No. 0707-119, Grand County, Utah.
- Represented a brokerage firm in a federal action challenging an arbitration award.
Eminent Domain
Welborn has experience in all aspects of the acquisition of real property by governmental or private entities through the exercise of eminent domain powers. Our attorneys assist governments and private entities in property and right-of-way acquisition for public projects – from initial planning through final purchase. Our services include obtaining immediate possession of properties so that construction on a project may begin and conducting valuation trials before juries of commissions.
Welborn also represents private property owners when their property is being acquired through condemnation. We provide advice regarding a property owner’s rights, appropriate strategies and responses when a property owner is notified that their property is going to be acquired, and the necessary representation in court proceedings.
REPRESENTATIVE MATTERS:
- Appointed as Special Assistant Attorneys General to assist the Colorado Department of Transportation in acquiring necessary right-of-way for the I-25 improvement project known as “T-Rex”
- Represented the City of Colorado Springs in acquiring right-of-way for the Southern Delivery System, a 65 mile water line from Pueblo Reservoir to Colorado Springs, with related sites for pump stations, treatment facilities and reservoirs
- Represented private entity concerning condemnation of a route for an oil and gas pipeline, facilities, and gathering system
- Represented the City of Colorado Springs in acquiring right-of-way for the Woodmen Corridor Improvement Project — Phase I and other roadway projects
- Represented the Regional Transportation District in acquisition of right-of-way for various FasTracks lines in the Denver Metropolitan Area
- Successfully represented the City of Colorado Springs in two appellate cases arising from one property acquisition addressing new issues pertaining to eminent domain law in Colorado. City of Colorado Springs v. Anderson Mahon Enterprises, LLP, 251 P.3d 536 (Colo. App. 2010) and City of Colorado Springs v. Anderson Mahon Enterprises, LLP, 260 P.3d 29 (Colo. App. 2010).
Appeals
We have extensive experience handling appeals from jury verdicts, trial court decisions, and administrative rulings involving both state and federal courts and agencies. We handle issues on appeal ranging from land title issues, mineral disputes, and billion-dollar commercial transactions to public and private contracts, complex business litigation, and civil rights disputes. We have brought and defended appeals before the Colorado, Wyoming, and Montana Supreme Courts as well as the Claims Court, D.C. Circuit Court, and the Ninth and Tenth Circuit Courts of Appeal.
For information on our particular expertise in oil & gas litigation, see Oil & Gas Litigation.
REPRESENTATIVE APPEALS:
- Successfully represented respondent before Wyoming Supreme Court in case involving title dispute in Campbell County, Wyoming. Comet Energy Services, LLC v. Powder River Oil & Gas Ventures, LLC.
- Obtained successful emergency interlocutory appeal to Colorado Supreme Court resulting in Supreme Court vacating adverse order from trial court. City of Colorado Springs Colorado v. Walker Ranches LLLP.
- Obtained successful trial judgment to enforce the exercise of an option to repurchase oil shale properties in the Piceance Basin. The Colorado Court of Appeals and Supreme Court affirmed. Whiting Oil and Gas Corp. v. Atlantic Richfield Co.
- Successfully upheld dismissal of exploration corporation’s antitrust action against energy companies. Riviera Drilling & Exploration Co. v. Gunnison Energy Corp., et al.
- Successfully represented the City of Colorado Springs in two appellate cases arising from one property acquisition addressing new issues pertaining to eminent domain law in Colorado. City of Colorado Springs v. Anderson Mahon Enterprises, LLP, 251 P.3d 536 (Colo. App. 2010) and City of Colorado Springs v. Anderson Mahon Enterprises, LLP, 260 P.3d 29 (Colo. App. 2010).
- Successfully defended appeal before Montana Supreme Court on behalf of national oil and gas company defending leasehold correlative rights). Gwynn v. Klabzuba Oil & Gas, Inc.
- Powder River Basin Resource Council, et al. v. Wyoming Oil and Gas Conservation Commission and Halliburton Energy Services, Inc., 320 P.3d 222 (Wyo. 2014).
- Successfully defended appeal before Tenth Circuit Court of Appeals of summary judgment granted in favor of City and City employees regarding claims of First Amendment retaliation. Craig Hedquist and Hedquist Construction, Inc. v. Andrew Beamer, John Patterson, and the City of Casper, 763 Fed.Appx. 705 (10th Cir. 2019).
- Successfully defended appeal before Tenth Circuit Court of Appeals of District Court decision to dismiss case based on specific and general jurisdiction. Keunzle v. HTM Sport Und Freizeitgarate AG, 102 F.3d 453 (10th Cir. 1996).
- Successful defended insurer in seminal first and third party insurance bad faith case before Wyoming Supreme Court. Gainsco Insurance Co. v. Amoco Production Co., 53 P.3d 1051 (Wyo. 2002).
Mediation & Arbitration
Alternative forms of dispute resolution like mediation and arbitration often achieve positive outcomes for clients without the time and expense of trial. From contractually-mandated binding arbitration to voluntary pre-dispute mediation, we are well-versed in applying the various rules of different forums to benefit our clients. Although we always consider the possibility of trial or binding arbitration, we also recognize and account for the practical costs of litigation on companies and individuals, and we advise on the possible alternatives for early dispute resolution.
Welborn attorneys have served as mediators and arbitrators for a variety of matters, including those relating to oil & gas, mining, water rights, banking, employment and construction.
REPRESENTATIVE MATTERS:
- Prevailed in arbitration on a dispute between producer and mid-stream pipeline company regarding financial obligations for construction of gas gathering infrastructure
- Served as an arbitrator in dispute regarding employment contract and covenant not to compete between employer and physician.
- Served as an arbitrator in a dispute over the calculation of gas royalties under a settlement agreement
- Successfully mediated a landowner easement dispute in Teton County, Wyoming
- Successfully mediated a vehicular accident settlement on behalf of an oilfield industrial client
- Resolved a complex, family-based dispute regarding property ownership and financial matters
- Arbitrated a dispute between a buyer and seller regarding rights to certain oil and gas leases under a purchase and sale agreement
- Arbitrated dispute involving an area of mutual interest provision in an exploration agreement
- Arbitrated a dispute over rights earned under a farmout agreement
- Arbitrated a dispute over indemnification obligations under a purchase and sale agreement
- Served as title arbitrator in a dispute over a large title defect amount for certain oil and gas wells under a purchase and sale agreement
- Served as mediator and arbitrator in numerous disputes between oil and gas field operator and non-operator parties primarily concerning operational standards issues, charges for services and information disclosures
- Served as mediator in dispute among multiple parties (gas producers in large producing area, gathering system-plant operator and compressor station operator) involving a myriad of issues, including adherence to operational standards, propriety of charges and planning for post-operation clean-up
- Mediated numerous oil and gas production site clean-up and environmental responsibility disputes
- Mediated a mining property acquisition dispute involving due diligence malfeasance allegations
- Mediated mining property ownership disputes