Background:

Colorado, 1978

U.S. District Court, District of Colorado, 1978

U.S. Court of Appeals, Tenth Circuit, 1994

Contact Information:

Email:  JMaguire@DietzeDavis.com

Phone:  303.447.1375  Ext. 103

Fax:       303.440.9036

Education:

University of Colorado School of Law, 1978

J.D. (Recipient, American Jurisprudence Bankruptcy Award)

 

Colorado College, 1974

B.A. (magna cum laude, Political Science)

Past Employment:

Martin & Mehaffy, LLC, Member, 1995-2003

 

Martin & Mehaffy, Partner, 1987-1994

 

Martin, Knapple, Humphrey & Tharp, Partner, 1984-1987

 

Martin, Knapple, Humphrey & Tharp, Associate, 1978-1984

 

Professional Associations and Memberships:

 

Boulder County Bar Association; Co-Chair, Employment Law Section,  2001-2003

 

Colorado Bar Association

 

Colorado Trial Lawyers Association

Published Appellate Decisions:

Vanderbeek v. Vernon Corporation, 50 P.3d 866  (Colo. 2001)

 

          Razi v. Schmitt, 36 P.3d 102 (Colo. App. 2001)

 

Vanderbeek v. Vernon Corporation, 25 P.3d 1242 (Colo.App. 2000)

 

Siemens Medical Systems v. Nuclear Cardiology Systems, Inc., 945 F.Supp 1421 (D. Colo. 1996)

          

Karakehian v. Boyer, 915 P.2d 1295 (Colo. 1996)

 

          Barrett v. Hay, 893 P.2d 1372 (Colo. App. 1995)

 

Karakehian v. Boyer, 900 P.2d 1273 (Colo. App. 1994)

 

          Furnary v. Merritt, 837 P.2d 192 (Colo. App. 1991)

 

South Creek Associates v. Bixby Associates, 781 P.2d 1027 (Colo. 1989)

 

          1629 Joint Venture v. Dahlquist, 820 P.2d 1141 (Colo. App. 1991)

 

Mesa Sand and Gravel v. Landfill, Inc., 776 P.2d 362 (Colo. 1989)

 

          1629 Join Venture v. Dahlquist, 770 P.2d 1352 (Colo. App. 1989)

 

Mesa Sand and Gravel v. Landfill, Inc., 759 P.2d 757 (Colo. App. 1988)

 

          People v. Terry, 720 P.2d 125 (Colo. 1986)

 

Stephens v. Department of Revenue, 671 P.2d 1348 (Colo. App. 1983)

 

          Masinton v. Dean, 659 P.2d 50 (Colo. App. 1982)

Representative Cases:

Mesa Sand and Gravel v. Landfill, Inc. - Judgment and interest of approximately $300,000 against subsidiary of Browning-Ferris Industries relating to gravel rights at old Boulder Landfill.  Case went to Court of Appeals and Colorado Supreme Court.

 

Pentermann v. Metropolitan Life Insurance Co. - Obtained judgment and interest of approximately $195,000 against life insurance company for malicious prosecution of one of its former sales representatives.

 

Wilson v. State Farm Fire and Casualty Co. - Settlement of $192,000 after jury verdict finding insurer liable for bad faith breach of insurance contract arising out of denial of $5,200 in PIP benefits.

DerKevorkian v. Lionbridge Technologies - Judgment in excess of $1,300,000 for breach of contract and breach of fiduciary duty against employer of French citizen working the United States, arising from employer's mishandling of attempt to obtain permanent resident status for the employee.

Patriot Funding v. (confidential) - Obtained order, after evidentiary hearing, denying enforcement of eight-year old $256,000 foreign judgment against Colorado resident.

 

South Creek Associates v. Bixby Associates - Obtained dismissal of quiet title action by landlord seeking to enjoin private school's use of parking lot at shopping center.  Case went to Court of Appeals and Colorado Superior Court.

 

Mowbray v. Vanguard Insurance Co. - $325,000 settlement of bad faith claims against insurer arising out of its denial of $20,000 property damage claim.

 

Barrett v. Hay - $500,000 settlement of professional negligence claims against accountant, financial planner, and stockbroker arising out of improper advice resulting in taxation of rollovers from individual retirement account to company pension plan.  Obtained reversal in Court of Appeals of trial court's erroneous order that claims were preempted by ERISA.

 

Adam v. Boulder Country Club - Represented Boulder Country Club in successful defense of action seeking to obtain injunction to prevent construction of indoor tennis facility.

 

Amore Enterprises v. Busenhart - Defense of suit by contractor against homeowner.  Contractor sought to foreclose mechanic's lien relating to remodel of Mapleton Hill mansion.  After trial, Court dismissed contractor's complaint and awarded homeowner judgment of $137,000 on counterclaim.

 

Karakehian v. Rance Hood - Obtained injunction enforcing covenant not to compete in agreement for sale of limited edition prints of works by noted Native American artist.

 

Vanderbeek v. Vernon Corporation - Obtained dismissal of wrongful prejudgment attachment against client's bank account and then recovered over $400,000 from Plaintiff for damages, attorney fees, and costs.  Case went to Court of Appeals and Supreme Court.

 

Benning v. Schmeideke - Obtained specific performance of a contract to purchase undeveloped commercial parcel in Winter Park after buyer refused to sell when his ex-wife recorded a court-issued deed conveying an interest in the parcel to her.

 

Charles v. (Confidential Municipality) - After successfully appealing disciplinary action against employee, brought Section 1983 action against Municipality and obtained settlement for damages and attorney fees.

 

Tri Area Sanitation v. Dacono Sanitation - Obtained summary judgment in defense of action by one sanitation district against the other, alleging breach of intergovernmental agreements dating back to 1971.

 

Central Pension Fund v. Frank - Successful defense of federal court action by Pension Fund to attempt to recover pension payments made to retired employee who continued to work part-time after retirement.  Obtained award of attorney fees and costs from Plaintiff.

 

Obrecht v. Leaming - Successful defense of buyer's action against seller for fraud and misrepresentation in the sale of a residential rental property.  Recovered attorney fees and costs in excess of $30,000 against the Plaintiff seller.

 

Stutz v. (Confidential Company) - $90,000 settlement of action by employee against former employer for failure to honor agreement to convey shares in company.

 

Nissley v. (Confidential Company) - Action against former employer for commissions and unvested stock options.  Settlement of well over six figures.  Received cash settlement and stock in company.

 

Hill Masonry v. Colorado Stone Company - Successful defense of $125,000 claim brought by masonry subcontractor against stone supplier relating to Parker Town Hall project.  Judgment entered for defendant after trial to the Court.

 

Orton v. (Confidential Company) - Arbitration award of over $75,000 to commissioned real estate salesman for commissions, a penalty, and attorney fees under Colorado Wage Act.  Salesman terminated without cause after contracts signed but prior to closings.  Employer attempted to enforce provision in employment contract stating that salesman had to be employed at time of closing to be entitled to commission.

 

Tebo v. Department of Revenue - State seized landlord's property for taxes owed by restaurant tenant who went out of business.  Obtained TRO, preliminary injunction, and permanent injunction restraining sale.  Court awarded attorney fees against State for frivolous and groundless defense.

 

Vasko v. (Confidential Company) - Settlement in excess of $150,000 in action by commissioned salesman against former high tech employer.

 

Vigil v. Varitel Communications - $570,000 judgment for commissions, penalties, and attorney fees under the Colorado Wage Act.

 

Lewis v. Lewis - Obtained judgment against parents of former husband on the basis of resulting trust after parents kept proceeds of sale of residence that had been kept in their names even though client and former husband had paid mortgage and all expenses of ownership for fourteen years until their separation and divorce.

Representative Clients:

Boulder Country Club

Cerretani Aviation, Inc.

The Colorado Group

Colorado Stone Company

Crall & Bowes, Inc.

Merrill Lynch

Optimum Management Systems

Tebo Development Company