Representative Cases

 
Malik Semmens has the experience to handle most of your civil litigation needs, whether big or small, whether plaintiff or defendant, and whether you are a company or an individual. We pride ourselves on being versatile and on appropriately devoting resources as needed on a particular case.
 
Below is a sampling of the varied experiences of the attorneys at Malik Semmens:
 

Trial Experience

 

  • Lead trial counsel for an industrial air cleaning company and its owner in a four-day jury trial involving an ownership dispute with an investor, and obtaining a successful verdict at trial.
  • Lead trial counsel for a developer in a five-day federal jury trial that successfully erased a multi-million dollar claim against the developer.
  • Lead trial counsel for a lighting company and its sales representatives in a three-day bench trial involving failure to pay sales commissions, physical damage to the company’s office space, theft of company property, and breach of a settlement agreement causing IT-related damages and lost business opportunities, and obtaining successful verdict at trial.
  • Lead trial counsel for a national rental car company in a three-day bench trial involving breach of contract and unjust enrichment claims brought by a national parking lot company, and obtaining a complete defense verdict at trial.
  • Lead trial counsel in multiple preliminary injunction hearings seeking to remove clients as managers of LLCs, and defeating motions.
  • Lead trial counsel in a multi-day bench trial reversing a foreclosure on a commercial property owner, restoring title, and obtaining a damages award for lost rents.
  • Lead trial counsel for a national distributor against allegations of fraudulent withholdings while securing an attorney’s fee award in the client’s favor.
  • Lead trial counsel for a local night club in a bench trial involving gender discrimination claims arising out of a Lady’s Night promotion, and obtaining a complete defense verdict at trial.
  • Lead trial counsel for a national bank in contempt proceeding arising out of the wrongful release of funds from a restricted account, and obtaining a successful verdict at trial.
  • Lead trial counsel for national bank in preliminary injunction hearing involving allegations of improper foreclosure and violations of various state and federal statutes, and defeating motion.
  • Lead trial counsel in administrative trials and disputes before the Government Accountability Office.
  • Lead trial counsel in various licensing disputes before the Colorado Department of Regulatory Agencies.

 

Commercial Litigation Experience

 

  • Represented individual and corporate clients regarding various contract disputes, including disputes over corporate operating agreements and partnership agreements.
  • Successfully defended a seller in an action to enforce a sale of a large infrastructure asset by obtaining a dispositive order and award of attorney’s fees.
  • Obtained complete summary judgment victory for a national bank in an action alleging tort and contract claims against the bank for its failure to prevent a wire transfer of funds by a law firm that fell victim to a fraudulent cashier’s check scam.
  • Successfully defended an automobile insurer in multiple individual cases and putative class actions involving insurance coverage claims, by obtaining summary judgment dismissals.
  • Successfully defended a business manager accused of a multi-million dollar fraud by obtaining a dispositive summary judgment order and award of attorney’s fees in her favor.
  • Successfully obtained a permanent injunction as a means of enforcing a noncompete between business owners.
  • Successfully defended a national veteran’s organization against allegations of fraud and internal misconduct by obtaining a dispositive judgment and award of attorney’s fees in their favor.

 

Products Liability and Personal Injury Experience

 

  • Defended a Major League Baseball team in lawsuits brought by spectators injured in an escalator malfunction, and obtaining successful resolution of actions.
  • Represented multiple pharmaceutical manufacturers in defense of pharmaceutical drug product liability claims.
  • Defended a variety of Colorado businesses against premises liability claims.
  • Represented a national laboratory in defense of an alleged laboratory error.

 

Industry and Subject Matter Experience

 

  • Significant experience litigating partnership and ownership disputes.
  • Significant experience litigating sale contracts and specific performance actions.
  • Significant experience defending business owners, managers, and directors against claims of fraud, waste, and mismanagement.
  • Significant experience litigating breach of fiduciary duty and related claims.
  • Significant experience in contract rescission and damages for fraud in the sale of stock, property, and other assets.
  • Significant experience with claims for civil theft, racketeering and conspiracy in a commercial business context.
  • Significant experience defending national banks and creditors in jurisdictions across the country.