OUR TEAM

ERIC FISHER

Member

SPECIFIC AREAS OF PRACTICE

  • Complex Commercial Litigation
  • Class Actions
  • Insurance Coverage Litigation
  • Appellate
  • Oil & Gas
  • Public Pension Litigation
  • Qui Tam

SIGNIFICANT REPRESENTATIONS

Prevailed in the Colorado Supreme Court on behalf of Colorado Public Employees’ Retirement Association (PERA) in a multi-billion dollar case finding that PERA could constitutionally modify the cost of living benefit for retirees. It is one of first and leading cases in the nation on a legislature’s right to modify pension benefits. Justus v. State, 336 P.3d 202 (Colo. 2014).

Prevailed on behalf of PERA on summary judgment in a multi-million dollar dispute regarding an employer withdrawal from PERA and its obligation to pay the unfunded liability of its employees and retirees.  The parties settled the disputed shortly after the favorable ruling with the employer paying PERA $190 million.

Representing the New Orleans Saints in a Ninth Circuit appeal. The Saints prevailed on a motion to dismiss Travelers’ claims against it seeking contribution and a declaratory judgment as to payments for cumulative trauma suffered by New Orleans Saints’ football players.  The Travelers Indemnity Company v. New Orleans Louisiana Saints LLC, 2014 WL 1716056, No. 8:13-cv-1998-JLS-JPR (C.D. Cal 2014).

Prevailed in November 2015 in an appeal for Cimarex Energy where the opposing, plaintiff class sought more than $50 million in prejudgment interest on a $3.65 million jury verdict. In a prior, successful appeal the Oklahoma Supreme Court reduced the trial court’s judgment against Cimarex in a class action oil and gas royalties dispute from $120 million to $3.65 million. H.B. Krug, et al v. Helmerich & Payne, Inc., No. 2015-OK-113092, 74, __ P.3d __ (Okla. Nov. 3, 2015); H.B. Krug, et al v. Helmerich & Payne, Inc., No. 2013-OK-104 (Okla. 2013).

Represented the Denver Broncos Football Club in reaching favorable resolution of disputes against the National Football League Players Association and Travelers regarding insurance coverage and liability for benefits for cumulative trauma claims of former players. PDB Sports Ltd v. George Goeddeke, et al., No. 11-CV-8097 (Denver County, Colo. 2013); St. Paul Fire & Marine Insurance Company, The Travelers Indemnity Company v. PDB Sports, Ltd d/b/a Denver Broncos, No. 11-cv-1476 (D. Colo. 2012).

Prevailed in the Colorado Supreme Court reversing class certification for a group of automobile dealerships in one of the leading cases on class action treatment of consumer protection claims.

In a case of first impression in the Fifth Circuit Court of Appeals, successfully overturned summary judgment in favor of an oil company in a qui tam action filed by two federal employees under the False Claims Act. The court held that government employees, specifically auditors, have standing to assert whistleblower claims. Little, et al. v. Shell Exploration and Production Company, et al., 690 F.3d 282 (5th Cir. 2012).

Prevailed in the Third Circuit Court of Appeals for AIG subsidiary VALIC that affirmed a significant damage 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).

Prevailed on a motion to dismiss for DTG Operations (Dollar/Thrifty) against a parking lot company seeking to hold rental car companies responsible for the unpaid parking charges of their customers. The Colorado Court of Appeals reversed and the car rental companies prevailed at trial. Central Parking System, Inc. v. Avis Rent-A-Car System, Inc., et al., 2007 WL 689471, Colo. App., March 8, 2007 (No. 04CA2704).

Successfully resolved cases for numerous clients including the Broomfield Ice minor league hockey team against the Colorado Eagles in a territorial rights dispute, Colorado Business Bank in a non-competition dispute with a former employee, and General Shale Brick regarding malfunctioning brick manufacturing machinery.

Played a significant role in convincing the Colorado Supreme Court to issue a landmark decision that insurance companies are subject to the Colorado Consumer Protection Act.

HONORS/DISTINCTIONS

  • Colorado Super Lawyers® 2014 – 2017
  • Ranked in Chambers USA® since 2011
  • Martindale-Hubbell®, 5.0 AV Preeminent Rating
  • Individual of the Year, Colorado Lawyers Committee, 1999
  • Clerkship for Hon. Judge James S. Casebolt, Colorado Court of Appeals

PROFESSIONAL AND COMMUNITY AFFILIATIONS

  • Colorado Trial Lawyers Association
  • Colorado Lawyers Committee
  • Vice President of the Board, Karl Mecklenburg’s REACH Foundation
  • Coach, Boys U10 Lacrosse

ARTICLES

Admitted to Practice

State Courts:

Colorado

U.S. District Courts:

District of Colorado

Northern District of Ohio

U.S. Courts of Appeal:

Third, Fifth, Sixth, Ninth, and Tenth

U.S. Supreme Court

Education

University of Colorado School of Law

J.D.

Cornell University

Bachelor of Arts, Economics