OUR TEAM

CALEB DURLING

Partner

Caleb focuses his practice on complex civil and commercial litigation and appeals. He is an experienced case manager and enjoys the strategy and problem solving involved in his litigation practice. Caleb is skilled at identifying and planning for issues that can arise in high stakes litigation. As he has been in case management roles early in his career, he has developed the knowledge necessary to manage personnel and coordinate strategy.

He is also a devoted advocate for his clients and stays attentive to their needs through the resolution of their matter. In this regard, he serves as an objective counselor and advises individuals and businesses about cost-effective solutions while giving them realistic assessments about the benefits and disadvantages of strategic choices.

The legal community recognized Caleb’s legal abilities in 2012 when he was named one of Law Week Colorado’s Up-and-Coming Lawyers. Since 2013, Caleb has been named to the Rising Stars list published nationwide in Colorado Super Lawyers® magazine. He is also AV rated by Martindale-Hubbell.

Caleb has an active pro bono practice and in 2013 was part of a team that was given an Award of Special Recognition from the Colorado Lawyers Committee for their work in the Center for Legal Advocacy v. Bicha matter. He has also served twice as Special Counsel for the State Public Defenders Office. In 2015, Caleb worked with a team of private lawyers and the Public Defenders Office to secure systemic reform of bond-setting practices and access to counsel for the indigent in Denver County Court.

Caleb began his legal career as a law clerk for Chief Justice Mary Mullarkey of the Colorado Supreme Court. After clerking, Caleb was an associate and then partner at Reilly Pozner. Prior to law school, Caleb taught for two years at an inner-city Atlanta elementary school through Teach for America, before teaching an additional year at an elementary school located on a housing project near London, England. A native of New Hampshire, Caleb earned his undergraduate degree with honors in American Studies (with a minor in French) from Northwestern University.

SPECIFIC AREAS OF PRACTICE

  • Complex Civil and Commercial Litigation
  • Class Action
  • Appellate
  • Public Pension Litigation
  • Government Entity Litigation

SIGNIFICANT REPRESENTATIONS

Prevailed on summary judgment for the Colorado Public Employees’ Retirement Association (PERA) against a constitutional challenge to the Colorado general assembly’s modification of the pension benefits of retirees when necessary to preserve the financial viability of public pension funds. As one of the first cases to address pension reform through modification of retiree benefits it has garnered nationwide attention. The Court of Appeals affirmed in part and reversed in part. The Supreme Court granted certiorari and found for PERA, reversing the Court of Appeals and reinstating the trial court’s order. Justus v. State, 336 P.3d 202 (Colo. 2014); Justus v. State, 337 P.3d 1219 (Colo. App. 2012); Justus v. State, No. 2010-CV-1589 (Denver County, CO 2011).

Prevailed on behalf of Colorado Public Employees’ Retirement Association (PERA) on summary judgment in a $190 million dispute with the City of Colorado Springs and Memorial Hospital Authority. In February 2014, the trial court ruled that Memorial must comply with statutory mandates to leave PERA and must pay its withdrawal liability to fund the future benefits of its retirees and employees. In October 2014, the City and Memorial Hospital agreed to settle the case by paying $190 million to PERA.

Served as national coordinating counsel for Lehman Brothers prosecuting indemnification claims against loan originators, managing his own cases and coordinating a nationwide strategy across other law firms.

Represented Adams County, Colo., in public racketeering cases against former employees and government contractors.

Successfully reversed class certification for a group of automobile dealerships in the Colorado Court of Appeals and Colorado Supreme Court.  Garcia v. Medved Chevrolet, Inc., 263 P.3d 92 (Colo. 2011); Garcia v. Medved Chevrolet, Inc., 240 P.3d 371 (Colo. App. 2009).

Prevailed in the Third Circuit of Appeals for AIG subsidiary VALIC that affirmed a significant damages award for VALIC against a former broker for breaching his non-competition covenant. VALIC Financial Advisors v. Gary Latuszewski, 393 Fed. Appx. 962 (3rd Cir. 2010).

Defended an insurance broker against claims for more than $100 million brought by a corporation alleging breach of contract, fraud, breach of fiduciary duty, and conspiracy. This case was settled on favorable terms for Caleb’s client.

Reached a successful resolution on behalf of the Denver Broncos Football Club in a dispute with former players to determine whether the current owner of the Denver Broncos football franchise is responsible for cumulative trauma claims brought by players employed by a prior owner.  PDB Sports Ltd v. George Goeddeke, et al., No. 11-CV-8097 (Denver County, Colo. 2013).

HONORS/DISTINCTIONS

  • Barrister’s Best Sports Lawyer, Law Week Colorado, 2017
  • Colorado Super Lawyers®, Rising Star, 2013 -2017
  • Named one of Law Week Colorado’s Up-and-Coming Lawyers, 2012 (finalist in 2010 and 2011)
  • AV rated by Martindale-Hubbell

PROFESSIONAL AND COMMUNITY AFFILIATIONS

  • Member, American Bar Association
  • Member, Colorado Bar Association
  • Member, Denver Bar Association
  • Member, National Association of Public Pension Attorneys

PRESENTATIONS AND PUBLICATIONS

  • “Varying State Perspectives on Defined Benefit Pension Protections,” Presenter, National Association of Public Pension Attorneys Annual Conference, Monterey, CA (June 2017)
  • “Legal and Legislative Update for Public Pension Plans,” Presenter, Conference of Consulting Actuaries Annual Meeting, Las Vegas, NV (October 2016)
  • “Legal and Legislative Update for Public Pension Plans,” Presenter, Conference of Consulting Actuaries Annual Meeting, Bonita Springs, FL (October 2015)
  • “Benefit Reform Litigation,” Presenter, National Association of Public Pension Attorneys Annual Conference, Austin, TX (June 2015)
  • “Building A Diversity Initiative that Works,” Panelist, CLI Legal Inclusiveness Diversity Summit, Denver, CO (May 2015)
  • “The Pension Committee Decision: The Duty to Preserve Records,” Presenter, Colorado Bar Association CLE, Denver, CO (October 2011)
  • “The Pension Committee Decision: The Duty to Preserve Records,” Author, 40 The Colorado Lawyer 39 (January 2011)
  • “Never Going Home: Does It Make Us Safer? Does It Make Sense? Sex Offenders, Residency Restrictions and Reforming Risk Management Law, Comment published, 97 Journal of Criminal Law & Criminology 317 (2006)

ARTICLES

Admitted to Practice

State Courts:

Colorado

New York

U.S. District Courts:

State of Colorado

U.S. Circuit Courts of Appeal:

Tenth

Clerkship

Chief Justice Mary Mullarkey

Colorado Supreme Court

Education

Northwestern University School of Law

J.D., with honors

Northwestern University

Bachelor of Arts, with honors