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.

Expertise