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Not until the 1990s was it clear that "place mattered." Until then, a city's success or failure drifted on the winds of fate. Would the natural resources hold out? Would the big companies stay? Those were the pivotal questions in the industrial era.
But as the century turned and the information age took hold, cities came face to face with a new reality: People had replaced companies as the pivotal variables. And people — especially the young and talented — could live and work wherever they wanted. They weren't looking for companies. They were looking for attractive, energetic cities with an authentic "sense of place."
Cities had become consumer products. Any metropolitan region hoping to compete suddenly needed a distinctive brand. Austin, Seattle, Denver, Boston, Portland and San Diego were among the places able to forge images that combined "technology" and "brainpower" with enticing lifestyles, often enriched by involving regional music, food, culture, historic neighborhoods, mountains, beaches and waterfronts. It worked because those cities, while promoting themselves, were also working to improve their competitive résumés.
So, what's our brand? What's our story? What's on our competitive résumé? The short answer is that we're still working on it.
More than a decade has passed since Mark Yudof, then president of the University of Minnesota, warned that the Twin Cities had lost its competitive cool. He and other critics acknowledged that we hadn't exactly fallen apart. Rather, we had coasted on the glowing reviews of the 1970s while competitors had passed us by. We hadn't fully detected the changing metropolitan competition or the rising importance of what's now called place-making.
"This was something that people under 30 generally understood as a game-changer, while people over 30 did not," explains Katherine Loflin, a national consultant on the dynamics of place.
The Twin Cities spent the next decade trying to catch up. Outdated arts and sports venues were impressively rebuilt. An infant rail transit system was launched. Various efforts to benchmark the business climate were begun. The Itasca Project was formed to call out the region's biggest challenges. The mayors of Minneapolis, St. Paul and 48 suburbs began to meet regularly over common concerns.
Most notably, business and local governments joined hands in 2011 to create Greater MSP as the region's economic development and marketing force. For the first time, the metro would work together on economic development and reach out as a unified market to tell the world about itself. But tell it what?
That obvious void led Greater MSP's director Michael Langley and Caren Dewar, director of the Urban Land Institute-Minnesota, to convene a series of extraordinary gatherings to find an answer. On a snowy morning in mid-April, I joined 260 invitees from diverse slices of Twin Cities life for an all-day workshop, followed up by another session in late May.
In one sense, the gatherings were nothing new. For a decade, there had been much hand-wringing over "who we are" and "how we should compete." A dozen times delegations of business and civic leaders had visited competing cities and marveled at their confidence and unified voice. Now, with Greater MSP in place, this metro region finally had such a voice. But whether it could carry a tune or agree on the lyrics was still up in the air.
Langley and Dewar hoped that the upbeat workshops — spiked with an extra dose of younger, more diverse, more energetic participants — would provide a clear answer and an actual to-do list.
A series of sobering numbers added a note of urgency. Despite progress, the Twin Cities metro was still failing to attract young talent, ranking a dismal 39th in one national study. Indeed, the Met Council continued to project a net out-migration to other U.S. cities over the next 25 years.
As a starting point in our discussions, Langley had suggested that participants measure the Twin Cities metro against six attributes of our strongest competitors: 1) A strong brand and image; 2) a culture of excellence in education, health and quality of life; 3) a lively spirit of innovation and risk-taking; 4) a strong connective infrastructure; 5) a commitment to preserving and regenerating regional assets, and 6) a striving for openness and social equity.
It's a good list. My own take is that we measure up pretty well on most items, and that the pursuit of cool is a little like trying too hard to be funny; the harder you try, the more ridiculous you look. Still, there's something to be said for laying the platform upon which magical things can happen — or may be already happening, as in some artsy districts of Minneapolis.
It's clear that we must work harder than our rivals because we have two extra hurdles to leap over: an exaggerated reputation for bad weather and an unfortunate cultural trait that Scandinavians call janteloven — a smug inability to toot our own horn. Somehow, we must break free to celebrate more enthusiastically our strengths while focusing more sharply on fixing (not just talking about fixing) our weaknesses. Using Langley's list, here's my take on how we stack up against Denver, Seattle and our other top rivals:
1. Brand and image: Our grade: D
We need a sophisticated marketing campaign that heats up our cold image and recaptures our lost identity. To be blunt, most people don't know much about us, and what they do know isn't all that favorable.
"The only map we're on is the weather map," Langley quipped, referring to research showing that others tend to associate us with just one word: cold.
A more accurate image would be of a community that embraces all seasons with uncommon vigor (biking, boating, cross-country skiing, etc.) Indeed, easy access to nature is probably our greatest asset. The region should piggyback on the Minneapolis convention bureau's brilliant "city by nature" tagline. "MSP: A city by nature" would say almost everything in a few punchy words: that we're a unified regional city with all of the sophisticated urban amenities, but that we're also integrated into the lakes, streams and woodlands that provide a refreshing retreat from the hum of urban life.
Such a campaign would cost money, but there's much to erase. For decades we've allowed Garrison Keillor and the Coen brothers to define us as eccentric rustics sitting in the Chatterbox Cafe waiting for the snow to melt. It's brilliant satire and a tribute to our appreciation of self-deprecating humor. But it's not helpful in the new competition when it's the only image out there.
As important as repairing our image is recovering our identity. It's hard to sell a product that has no name. Gradually over several decades, the Minneapolis-St. Paul metro area has become known to us and to others as simply "Minnesota." This is particularly destructive in an age when metro areas form the basic units of global competition. It's hard to imagine Chicago (and the "Chicagoland" suburbs) deciding to call itself Illinois or metro Atlanta preferring to be called Georgia.
Our name should be Minneapolis Saint Paul, or MSP for short. Again, it's hard to compete with other cities if you're not thought of as a city.
2. Culture of excellence in education, health and quality of life: Grade: A-minus
But it's a huge minus that casts a shadow on all of the region's other successes. Often called the achievement gap, it's really our failure to develop or attract a sizable African-American or Latino middle class.
Our abnormally large racial gaps in income, school achievement and other measurements are probably best explained by history rather than discrimination. Middle-class whites have enjoyed a supermajority here for generations, while later groups have arrived disproportionately poor and disadvantaged. The gap should narrow as the generations progress, although social mobility is more difficult today than back in the industrial age, when it was easy for European immigrants to find unskilled work that provided stable lives for their children. Now skill and educational achievement are mandatory. The task is to sharply accelerate the movement of impoverished young people into trades and careers that support middle-class lives. This is a high-profile problem that's getting a lot of attention, with obvious implications for trying to maintain our region's big advantage in workforce quality and productivity.
3. A lively spirit of innovation and risk-taking: Grade: C
Having a disproportionate number of corporate headquarters located here continues to be an advantage, even though innovations come increasingly from smaller, more adventuresome firms. Unfortunately, that kind of adventure and risk-taking may be missing from our DNA and must be engineered into our business culture. We have a sad history of allowing our discoveries to be commercialized elsewhere. It happened with flour milling, organ transplants, the Internet and supercomputers, and it could happen again with 3-D printing. We must find a way to strengthen research and development, celebrate our innovations and put them to work in our regional economy. We must also convince our politicians that our primary competitors are not low-cost South Dakota or Oklahoma but high-quality Denver, Austin and Seattle.
4. A strong infrastructure: Grade: D
The Legislature's failure last session to allow the build-out of the transit system was a major setback: Rival cities will now get federal funds that should have gone to us, and we'll be less competitive in offering the next generation the choice it's looking for — less reliance on the automobile and life on a smaller carbon footprint. Our current strategy is extra-costly and far too slow. Yes, we've made progress on transit, and we've used managed lanes to squeeze the most from our freeway system. But we have a lot of catching up to do.
5. A commitment to preserving and regenerating regional assets: Grade: A-minus
Culturally, this applies to the Guthrie, the Walker, Target Field, the Science Museum, etc. We've done well to preserve such assets, but our greatest natural asset and one of our top competitive advantages is in jeopardy: water. Forty percent of the state's lakes and streams are polluted, largely from agricultural runoff. In the "land of sky blue waters," that won't do.
6. A spirit of openness and social equity: Grade: B
Our state's recognition of same-sex marriage signals a welcoming and tolerant social atmosphere that greatly benefits our region's competitive standing. On a personal level, however, our reputation is quite different: Outwardly friendly, but cool, aloof and hard to get to know.
* * *
My assessment doesn't match perfectly the thinking of the larger group, but it's close. Langley said that the sessions and resulting agenda "validated" the MSP region as a competitor in the global economy as long as all segments — public and private — can agree on a collaborative effort that turns talk into action.
"We moved the needle," Dewar insisted. "There's now a broader understanding that we're competing with other cities for the same talent and that we can no longer afford to be complacent about it."
Thirteen years ago, my Star Tribune colleague Dave Hage and I wrote a series of articles in these pages challenging the Twin Cities to "compete or retreat?" Retreat held the upper hand at the time, but, as Dewar points out, that's no longer the case.
We've taken some major steps, just not enough of them. Indeed, today's to-do list is remarkably similar to the one that Hage and I assembled 13 years ago. For the most part, we'd still rather admire our problems than tackle them. Maybe it's time to borrow some positive advice from Lake Wobegon and find the courage to "stand up and do what needs to be done."
Steve Berg is a Minneapolis writer and urban design consultant.

subset: commoncrawl


text:
When a father gives to his son, both laugh; when a son gives to his father, both cry.
William Shakespeare
It is a wise father that knows his own child.
My father used to play with my brother and me in the yard. Mother would come out and say, "You're tearing up the grass." "We're not raising grass," Dad would reply. "We're raising boys."
Harmon Killebrew
Fatherhood is pretending the present you love most is soap-on-a-rope.
Bill Cosby
The greatest gift I ever had came from God; I call him Dad!
When I was a boy of fourteen, my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years.
Mark Twain
Old as she was, she still missed her daddy sometimes.
Gloria Naylor
It is not flesh and blood but the heart which makes us fathers and sons.
Johann Friedrich von Schiller
Father!–to God himself we cannot give a holier name.
William Wordsworth
It's only when you grow up and step back from him–or leave him for your own home–it's only then that you can measure his greatness and fully appreciate it.
Margaret Truman
One father is more than a hundred schoolmasters.
George Herbert
My father gave me the greatest gift anyone could give another person, he believed in me.
Jim Valvano
When a father gives to his son, both laugh; when a son gives to his father, both cry.
It is a wise father that knows his own child.
You don't have to deserve your mother's love. You have to deserve your father's.
Robert Frost
To a father growing old nothing is dearer than a daughter.
One father is more than a hundred schoolmasters.
George Herbert
It doesn't matter who my father was; it matters who I remember he was.
Anne Sexton
Our fathers had their dreams; we have ours; the generation that follows will have its own. Without dreams and phantoms man cannot exist.
Olive Schreiner
A man knows when he is growing old because he begins to look like his father.
Gabriel Garcia Marquez
Dad taught me everything I know. Unfortunately, he didn't teach me everything he knows.
Al Unser
I decided in my life that I would do nothing that did not reflect positively on my father's life.
Sidney Poitier
I would want my legacy to be that I was a great son, father and friend.
Dante Hall
I'm always going to love my father.
Floyd Mayweather, Jr.
Being a father helps me be more responsible... you see more things than you've ever seen.
Kid Rock
I'm a father; that's what matters most. Nothing matters more.
Gordon Brown
I wasn't anything special as a father. But I loved them and they knew it.
Sammy Davis, Jr.
To be as good as our fathers we must be better, imitation is not discipleship.
Wendell Phillips
He didn't tell me how to live; he lived, and let me watch him do it. - Clarence Budington Kelland
Dad, I may not be the best, but I come to believe that I got it in me to be somebody in this world. And it's not because I'm so different from you either. It's because I'm the same. I mean, I can be just as hard-headed, and just as tough. I only hope I can be as good a man as you. ~Jake Gyllenhaal
There will always be a few people who have the courage to love what is untamed inside us. One of those men is my father. ~Alison Lohman
"My father always told me, 'Find a job you love and you'll never have to work a day in your life.' " — Jim Fox
"Any man can be a Father but it takes someone special to be a dad." — Anne Geddes
"Life was a lot simpler when what we honored was father and mother rather than all major credit cards." — Robert Orben
Small boy's definition of Father's Day: It's just like Mother's Day only you don't spend so much." — Unknown
By the time a man realizes that maybe his father was right, he usually has a son who thinks he's wrong. " -Charles Wadsworth
I cannot think of any need in childhood as strong as the need for a father's protection. – Sigmund Freud
One father is more than a hundred Schoolemasters. ~George Herbert,Outlandish Proverbs, 1640
The greatest gift I ever had
Came from God; I call him Dad!
~Author Unknown
What Is A Dad?
A dad is someone who
wants to catch you before you fall
but instead picks you up,
brushes you off,
and lets you try again.
wants to keep you from making mistakes
but instead lets you find your own way,
even though his heart breaks in silence
when you get hurt.
holds you when you cry,
scolds you when you break the rules,
shines with pride when you succeed,
and has faith in you even when you fail…
When i was born,
You were there to catch me when i fall, whenever and wherever.
When i said my first words,
You were there for me,
to teach me the whole dictionary if need be.
When i took my first steps,
You were there to encourage me on.
When i had my first day at school,
you were there to give me advice and help me with my homework.
I still havent finished school,
or walked down the aisle, or had my first child.
But i know you will be there for me through all these times and more, the good and bad.
So i just wrote this to say 'I LOVE YOU DAD!!!'
- Louisa Mansfield
a father is someone that
holds your hand at the fair
makes sure you do what your mother says
holds back your hair when yor are sick
brushes that hair when it is tangled because mother is too busy
lets you eat ice cream for breakfeast
but only when mother is away
he walks you down the aisle
and tells you everythings gonna be ok
- Unknown
It is easier for a father to have children than for children to have a real father.
- Pope John XXIII
Tags: father's day 2015, fathers day 2014, father's day, dad, Fathers Day, Fathers Day quotes, Fathers Day quotes pictures, inspirational, motivational, Quotes, motivational fathers day messages, fathers day poems
Amazing Thoughts | Famous Quotes | Friendship Quotes | Happiness Quotes | Inspirational Quotes | Optimistic Quotes | Possibilities Quotes | Fathers Day Quotes
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As National Coordinating Counsel, WTO implemented new strategy for a national transportation industry leader facing wage and hour claims in California. Thanks to WTO's approach, trial counsel in California filed and won a critical motion that will greatly assist in the defense of the case going forward.
Won dismissal with prejudice in a putative wage-and-hour class action in Kentucky. After defeating the plaintiff's attempt to obtain nationwide discovery against WTO's client, WTO then filed a summary judgment motion on the plaintiff's claims. Rather than opposing the motion, the plaintiff agreed to dismiss his claims with prejudice.
Represents hospitals in medical malpractice lawsuits.
IBM Corp. v. City of Golden, et.al.
(Colo. App. 2020) - Won affirmance in the Colorado Court of Appeals for IBM Corp. of WTO's trial victory in a $6.1 million municipal tax dispute.
Sunflower Condo. Ass'n v. Owners Ins. Co.
, No. 18-1478, 2020 WL 598981 (10th Cir. Feb. 7, 2020) - Won a significant appeal for Owners Insurance Company against a condominium association that filed an inflated insurance claim and sought more than $5 million in total damages.
Won a defense jury verdict in New Mexico for USAA against underinsured motorist claims following a 2013 car accident. The jury found that the plaintiffs' alleged injuries were unrelated to the accident and decided in USAA's favor in less than 30 minutes.
Won a defense verdict for an insurance company in Denver County District Court against a policyholder who had sued for uninsured motorist benefits. The jury found in less than half an hour that the plaintiff had failed to cooperate or comply with the statute of limitations.
Owners Ins. v. Dakota Station II Condo Ass'n, Inc.
, No. 2015-cv-31037 (Jefferson Cty. Dist. Ct. Colo. 2020) - Won for Owners Insurance Company in the trial court on remand from the Colorado Supreme Court, proving that a policyholder-appointed appraiser was improperly biased and had inflated a $3 million property-damage appraisal award. The court vacated the inflated award
in toto
, granting all the relief Owners requested.
Won complete victory for Hillsdale College in a closely watched dispute against the University of Missouri over the misuse of a deceased alumnus's $5 million donation. The settlement agreement transfers $4.6 million from Missouri to Hillsdale, prevents Missouri from using the gift to defend the lawsuit, and affirms that donees must follow donors' intentions when applying gifts.
Helped manage a portfolio of cases (tort and commercial arbitration) for a large shipping company across a multistate region. Took lead on depositions and hearings.
Won a defense verdict in a three-week trial for a Michigan hospital following an in-hospital cardiac arrest and alleged brain injury. The plaintiff sought more than $14 million in damages in plaintiff-friendly downtown Detroit. The jury found for WTO's client after deliberating for less than 20 minutes.
Serve as national coordinating counsel to a major transportation company in FLSA collective action and individual and class wage and hour claims.
Won a second unanimous jury verdict for a leading auto-parts manufacturer in an 11-year-old breach of contract dispute in federal court in Kentucky. Due to the results of a prior appeal, WTO's client held the burden of proof on key issues in the trial.
Won a trial in El Paso County District Court for two estate creditors accused of colluding with an estate representative to defraud the primary beneficiary. The presiding judge entered judgment for WTO's clients, concluding that the plaintiff had failed to prove virtually every necessary element of her claims.
Won a plaintiff's verdict and punitive damages as trial counsel for a
pro bono
client in federal court against two corrections officers who violated the client's 1st and 14th Amendment rights.
Argued and won a motion to dismiss $150 million malpractice claims brought in Nevada against an AmLaw 200 firm. The allegations involved the accuracy of an underlying tax opinion.
Won summary judgment for Crestone Peak Resources against Boulder County in a case involving an attempt to invalidate a key oil and gas lease that would have materially impacted Crestone's $600 million investment, thereby clearing a major hurdle to significant future development.
Won summary judgment for a multinational corporation in a putative class action dealing with employment misclassification issues in New Mexico, thereby ending over two years of litigation. The court also denied the plaintiff's motion for class certification as moot.
Francis v. Camel Point Ranch
, 2019COA108 - Won a published opinion from the Colorado Court of Appeals dismissing, on the merits, an appeal of WTO's trial victory and addressing for the first time in Colorado the circumstances in which shareholders of a judicially dissolved corporation with an appointed receiver may appeal the dissolution in the corporation's name.
Owners Ins. Co. v. Dakota Station II Condo. Ass'n, Inc.
, 443 P.3d 47 (Colo. 2019) - Won a groundbreaking ruling from the Colorado Supreme Court requiring insurance appraisers to be fully unbiased and impartial.
Won a jury verdict in a bad faith action in Broomfield County District Court, Colorado, for a Fortune 50 insurer in a bellwether trial involving a
agreement and a judgment over 30 times the insurer's policy limit. The jury found in favor of the client in approximately two hours.
Won a defense verdict as co-counsel to defeat claims that WTO's oil and gas client owed $400 million to a stakeholder.
Successfully represented Aimco, one of the largest apartment owners in the U.S., in nationwide litigation alleging intentional torts against Airbnb. After jury selection in the first trial, Airbnb settled all litigation on terms allowing Aimco to control short-term rental activity consistent with its contract and property rights. The closely watched litigation is changing how the short-term rental industry operates.
Won a defense verdict as co-counsel to defeat $800 million claims in a bet-the-company shareholder dispute involving an oil and gas client.
Won a rare, permanent injunction against a major distributor that infringed on WTO's client's exclusive distribution territory. The lawsuit involved bet-the-company stakes and may have far-reaching repercussions in the industry.
Appeared before the Second Circuit Court of Appeals as
amicus curiae
for a professional association facing bet-the-company stakes.
Won a defense verdict after a four-week trial for a physician facing $70 million in damages claims arising from allegations that WTO's client and others failed to timely diagnose and treat bacterial meningitis in a minor. Seven co-defendants settled, leaving WTO's physician client and another physician defendant alone at trial.
Allen v. USAA
, 907 F.3d 1230 (10th Cir. 2018) - Won a published Tenth Circuit opinion for USAA, clarifying that a one-year time limit on medical payments coverage is permitted under Colorado law. The opinion also resolved a separate class action WTO had been defending, in which the Colorado Supreme Court declined to answer questions certified by the District of Colorado.
Sunflower Condo. Ass'n v. Owners Ins. Co.
, No. 16-cv-02946 (D. Colo. 2018) - Won a federal jury verdict in a trial for an insurer pursuing counterclaims against a homeowners association that filed an inflated insurance claim and sought more than $5 million in total damages. The Court entered judgment for the client for the full amount that had been paid in benefits, plus interest and costs.
In re Gadolinium-Based Products Liability Litigation
, MDL No. 2868 (J.P.M.L. 2018) - As lead national trial counsel to GE Healthcare, defeated plaintiffs' attempt before the U.S. Judicial Panel on Multidistrict Litigation to create an MDL involving gadolinium-based contrast agents.
Won a defense verdict in federal court for a hospital and its staff against $27 million malpractice and negligence claims involving a subdural empyema.
Defeated a preliminary injunction brought by a former investment executive who sued to nullify a noncompete and launch a competing firm by taking 50 clients representing $200 million in investments. Collaborating with another law firm, WTO showed in a two-day, federal court hearing that the former executive did not meet the requirements for injunctive relief. The Court agreed and denied the motion.
Won a landmark federal case in Illinois defining the obligations of lead and liaison counsel in multidistrict litigation.
Won a defense verdict in a highly public, multi-week jury trial alleging a wrongful death claim against a recreation industry client following the tragic death of a minor.
Slavin v. Garrison Prop. & Cas. Ins.
(D. Colo. 2018) - Won a defense verdict for USAA/Garrison in a bad faith jury trial in which the plaintiff claimed USAA must pay for a special run of bricks in order to fully repair the plaintiff's home. A 12-member jury unanimously rejected the plaintiff's claims, agreeing that USAA had acted in good faith.
American Family v. Copper Oaks
(D. Colo. 2018) - Won reversal of a $3 million property appraisal award against American Family and disqualification of the plaintiff's national property appraiser as well as the umpire on grounds that they were not impartial and failed to disclose directly relevant financial incentives and relationships.
IBM Corp. v. City of Golden, et al.
(Denver Cnty. Ct. 2018) - Won a trial verdict for IBM as plaintiff in a $6.1 million tax dispute against the City of Golden involving sales and use taxes assessed over a seven-year span.
Won an arbitration award for a lawyer and law firm against malpractice claims related to a 2014 real estate deal. Claimants asserted damages of $3 million plus interest. The arbiter ruled for WTO's client and found that no malpractice occurred.
State Farm v. Griggs
, 419 P.3d 572 (Colo. 2018) - Won an "extraordinary remedy" from the Colorado Supreme Court reversing a trial-court order implying a waiver of the attorney-client privilege. The unanimous opinion establishes that the mere "fact that privileged information might become relevant in a given lawsuit could not alone be enough to establish an implied waiver."
Won an arbitration involving a $50 million claim brought by a joint venture partner against WTO's oil and gas company client.
FCA v. Spitzer Autoworld Akron
, 17-1161 (6th Cir. 2018) - Argued and won for FCA (fka Chrysler) in the Sixth Circuit in a case involving the question of whether federal legislation enacted following the Chrysler bankruptcy preempted Ohio state dealer laws.
Webb v. Volvo Cars
(E.D. Penn. 2018) - Obtained dismissal of a putative class action lawsuit against Volvo involving alleged misrepresentation and false labeling related to safety features.
Auto-Owners v. Summit Park
, 886 F.3d 852 and 886 F.3d 863 (10th Cir. 2018) - Won complete affirmance in the Tenth Circuit of landmark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser, and sanctioning the policyholder and its lawyers for misconduct in connection with the appraisal.
Won a defense jury verdict in federal court for a Fortune 500 telecommunications client facing age discrimination and retaliation claims.
Won a trial verdict for an investment company in a breach of contract dispute.
Won a Tenth Circuit appeal for a leading U.S. railroad operator defending a district court order that dismissed a third-party intervenor's claims against WTO's client based on lack of standing to enforce an EPA consent decree.
Star Funding v. Tire Centers, et al.
, 17-1074 (2nd Cir. 2017) - Won Second Circuit affirmance for a Michelin subsidiary upholding summary judgment from the Southern District of New York. The case involved fraud perpetrated by a former employee and a third party.
Won a defense verdict in Philadelphia, during the week of Christmas, for a hospital and its physician assistant who diagnosed muscle strain when in fact the plaintiff had an infection that resulted in the amputation of her leg. The jury agreed with WTO's arguments that, given the circumstances, the original diagnosis was reasonable.
Won a complete defense verdict for a lawyer and law firm accused of malpractice in the handling of a sale of interests in the plaintiff's company.
Walker v. Ford Motor Co.
, 2017 CO 102 - Won a significant victory for Ford Motor Co. in the Colorado Supreme Court. The case reestablishes that the risk-benefit test is the appropriate test for juries to assess whether a product has been defectively designed. The Court also held that a manufacturer could not be negligent if it designed a "reasonably safe" product.
Won an arbitration for a law firm client that sued its former client for unpaid fees and was countersued for malpractice. The arbitrator rejected the malpractice claims and awarded WTO's client its unpaid fees plus interest, as well as its legal fees and costs incurred in the arbitration.
Claycomb v. Fox
(Colo. Ct. App. 2017) - Won reversal and remand of an adverse jury verdict and affirmed sanctions against opposing counsel. The defendant's insurer hired WTO to handle the appeal after the trial judge directed that the defendant be found at least 51% liable, leading the jury to award the plaintiff over $1,000,000.
Francis et al. v. Camel Point Ranch
(Mesa Cty. Dist. Ct. 2017) - Won a four-day bench trial and obtained a dissolution decree and judgment against a closely held Colorado corporation. The win prohibited majority shareholders from illegitimately interfering with minority shareholders' share and property rights. It also blocked attempts to divest one of WTO's clients at below one-sixth of the actual value of his shares.
Won a multimillion-dollar arbitration award for an energy company, recovering more than 15 times the last settlement offer made before trial.
Represented a Fortune 20 company in an international arbitration hearing that resulted in a settlement, after the hearing concluded, for more than 90% of our client's claim.
Won affirmance preserving WTO's trial court dismissal of a wrongful termination lawsuit involving the public policy exception to employment at will.
Won a complete defense verdict in a professional liability claim against a law firm and lawyer. The plaintiff alleged that WTO's client was negligent, yet the jury found that not only was our client not negligent, but that the alleged negligence didn't cause the claimed damages.
In re Sears, Roebuck & Co. Front-Loading Washer Products Liability Litigation
(7th. Cir. 2017) - Won unanimous Seventh Circuit victory in a fee dispute for Whirlpool and Sears arising out of a certified federal class action lawsuit that WTO favorably settled after winning a defense verdict in the bellwether trial of related claims.
Sawyer v. Foster Wheeler
(4th Cir. 2017) - Won for Foster Wheeler in an asbestos failure to warn case involving the government contractor defense. The Fourth Circuit reversed and remanded to the district court following WTO's arguments that evidence set forth by Foster Wheeler was sufficient to demonstrate a colorable defense establishing federal jurisdiction.
Won an arbitration ruling for $2.9 million, including punitive damages, for an investment fund misled into overpaying for an oil field services company based on misrepresentations made during the sale and omissions made during settlement negotiations regarding the sale.
West Colorado Motors (AutoNation) v. General Motors et al.
, 16SC650 (Colo. 2017) - Obtained a rare reversal of certiorari from the Colorado Supreme Court in a high-stakes dealer relocation dispute for GM.
Won a complete defense jury verdict for a major auto parts manufacturer in federal court in Kentucky. WTO was called in just six months before trial in this protracted contract dispute that had already included two trips to the Sixth Circuit.
Kljajic et al. v. Whirlpool
(N.D. Ill. 2017) - Defeated class certification amid allegations that 2,000,000 Whirlpool-made ovens were prone to overheat. WTO attorneys disqualified the plaintiffs' expert witness and successfully argued that the claims were overly broad and the plaintiffs' purported theories for failure were too many to achieve certification.
Stillwater Mining Co. v. Power Mount, Inc.
(D. Colo. 2017) - Won a complete defense ruling for a heavy metals supplier after a week-long bench trial involving a breach of contract claim in which the plaintiff sought $28 million.
Serve as lead counsel to an automobile manufacturer in a personal injury matter.
Won a unanimous defense verdict in a $55 million trial in eastern Kentucky for a hospital accused of malpractice.
Won a defense jury verdict in Ohio for two neonatologists facing claims of negligently handling the care of a newborn baby.
Edwards v. USAA
(Colo. Boulder Cnty. Dist. Ct. 2017) - Won a defense verdict for USAA against a claim of negligent misrepresentation after a contentious appeal. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. USAA won on the final claim after a six-day jury trial in Boulder County.
Byorth et al. v. USAA
, 2016 MT 32 - Won Montana Supreme Court reversal of class certification against USAA in bad faith litigation and remand to the district court for further proceedings.
Ripley v. Foster Wheeler
(4th Cir. 2016) - Won for Foster Wheeler in an asbestos failure to warn case involving the government contractor defense. The Fourth Circuit reversed and remanded to the district court following WTO's arguments in this matter of first impression.
During the appeal of an adverse verdict in a multimillion-dollar trial in which jurors were given the wrong instruction, plaintiffs offered to settle 11 mesothelioma cases for six figures total, just to get WTO out of ongoing litigation involving other defendants.
Obtained midtrial settlement—for less than the cost of defense—for Foster Wheeler in a trial that went to an eight-figure verdict against the other defendant. The plaintiff simply wanted WTO out of the case.
Obtained four-figure midtrial settlement for Dana Corp. as plaintiff closed its case in Cook County, IL.
Magill v. Ford Motor Co.
(Colo. 2016) - Won a Rule 21 petition (an "extraordinary remedy") for Ford to the Colorado Supreme Court in a case involving general jurisdiction and venue claims. The opinion makes it harder for companies with no connection to Colorado to be sued in the state.
Dukes v. Michelin
(Nineteenth Jud. Cir. St. Lucie Cnty. FL 2016) - Won a complete defense jury verdict for Michelin following a nine-week product liability trial in Florida in which the plaintiffs requested damages between $80 million and $1.2 billion following a rollover accident involving Michelin tires. WTO also won the appeal.
McNamara v. USAA
(Colo. Dist. Ct. Arapahoe Cnty. 2016) - Won a complete defense jury verdict for USAA in the first ever bad faith trial challenging USAA's handling of claims for medical payments coverage claims.
Won a defense jury verdict in a $31 million medical malpractice lawsuit in Illinois involving a newborn who developed sepsis, meningitis, and catastrophic brain damage. The plaintiffs claimed the injuries were avoidable had nurses conveyed vital information and denied early discharge of the infant. WTO then won the subsequent appeal pursued by the plaintiffs (3-0 panel decision).
Won Tenth Circuit victory for a law firm client in protracted litigation arising out of a divorce and bankruptcy characterized as "the most complex [the divorce court] has seen in 25 years." The plaintiff-husband sued WTO's client, which handled the bankruptcy proceedings for the plaintiff's ex-wife, and the ex-wife's divorce counsel, in federal court. The Tenth Circuit's ruling in this matter follows a 2015 ruling for our client from the Tenth Circuit Bankruptcy Appellate Panel.
Won a complete defense jury verdict for a mental health hospital in Virginia. The plaintiff claimed $32 million in damages arising from an alleged patient-on-patient sexual assault.
West Colorado Motors v. General Motors
(Colo. Ct. App. 2016) - Successfully defended General Motors in the relocation of an automobile dealership in which the plaintiff alleged that GM unreasonably approved the dealership's move.
General Steel v. Armstrong Steel
(D. Colo. 2016) - Won a jury verdict for Armstrong Steel against claims of false advertising and defamation in a two-week trial in federal court in Colorado. A competitor of Armstrong sought millions of dollars.
EEOC v. CollegeAmerica Denver
(D. Colo. 2016) - Won a complete defense verdict for CollegeAmerica (aka The Center for Excellence in Higher Education) in a lawsuit brought by the U.S. Equal Employment Opportunity Commission. WTO attorneys won dismissal of two claims relating to severance provisions in 2014. A federal jury decided for CollegeAmerica on the final claim of retaliation in 2016.
Won a unanimous decision from the State of Colorado Multidistrict Litigation Panel defeating an effort to create a broad MDL for insurance bad faith cases that would have set a dangerous precedent in Colorado and other states. WTO successfully argued that the plaintiffs sought to incorrectly emphasize general claims handling guidelines over the individual claims decisions of each adjuster, and which could have been applied to any type of insurance coverage, not simply the cases at issue.
Horizon Park Partners v. Gator Horizon Partners
(Colo. Ct. App. 2016) - Won reversal of summary judgment against our client, a real estate developer, in a dispute over a reciprocal easement, the outcome of which had a multimillion-dollar effect on the value of the property. The case was remanded to district court with orders to hear evidence at trial.
Travelers v. Stresscon
, 370 P.3d 140 (Colo. 2016) - Won Colorado Supreme Court reversal of a unanimous court of appeals ruling in a case of national importance to the insurance industry. In its ruling for Travelers, the Court held that the "notice-prejudice rule" does not apply to "no-voluntary-payment" provisions in insurance policies. This was WTO's fifth consecutive, fully-argued victory before the Colorado Supreme Court in two-and-a-half years. Law360 named
one of the top five insurance rulings of 2016.
Corvax v. Continental Resources
(Colo. Ct. App. 2016) - Won a victory in the Colorado Court of Appeals for Continental Resources in a dispute involving purported rights to a Colorado oil and gas lease.
In re: Zoloft (Sertraline Hydrochloride) Products Liability Litigation
(E.D. Pa. 2016) - Successfully excluded all of plaintiffs' general causation experts to help Pfizer secure summary judgment in federal Zoloft birth defect MDL.
Auto-Owners v. Summit Park
, 2016 WL 1321507 (D. Colo.) - Won order vacating a $10.87 million property insurance award and disqualifying a national property appraiser, and subsequently won sanctions against the policyholder and its lawyers, and won 99.7% of attorneys' fees and costs.
Warne v. Hall
, 373 P.3d 588 (Colo. 2016) - Assisted in winning a ruling from the Colorado Supreme Court requiring Colorado state courts to apply the
pleading standard. WTO co-authored an amicus brief for the Colorado Civil Justice League urging the Court to adopt "plausibility" pleading in Colorado to discourage forum shopping and improve the Colorado justice system.
Representing the manufacturer of a medical device as national trial counsel in product liability cases.
Won summary judgment for a major ski resort as plaintiff in a contract dispute involving a wireless infrastructure contractor.
Won a unanimous opinion from the Colorado Supreme Court that strongly upholds Colorado's strict privity rule in determining whether non-client beneficiaries may sue an estate lawyer for malpractice or professional liability. In its opinion, the Court adopted the most stringent test, as WTO advocated, and affirmed that the plaintiffs lacked standing to sue our clients.
Hadjih v. Evenflo
(D. Colo. 2015) - Won a complete defense jury verdict in federal court for Evenflo in a $15 million failure-to-warn trial arising out of permanent injuries to a child involved in an accident while riding in an Evenflo infant seat.
Allen v. Michelin
(Ariz. Sup. Ct. Mohave Cnty. 2015) - Won a unanimous defense verdict for Michelin following a three-week trial in Arizona state court in which the plaintiff demanded $20 million in actual and punitive damages.
Sundin v. United Airlines
(Colo. Ct. App. 2015) - Won complete affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry-on bag on her head. The case involved multistate choice of law issues, and the Court of Appeals entirely adopted WTO's position in affirming the trial court's prior dismissal of the lawsuit.
Howard v. Bottling Group
(Colo. Douglas Cnty. Dist. Ct. 2015) - Won a defense verdict for Pepsi Bottling Group in a six-day jury trial. The plaintiff claimed a traumatic brain injury as a result of being struck with falling merchandise from a retail display and demanded $750,000 in damages. WTO's client was one of two defendants in the litigation, and the jury assigned no fault to our client.
Won a directed verdict in a trade secrets trial for an oil and gas company. The plaintiff claimed theft of its technical geological data that allegedly had allowed the defendant to improperly acquire several hundred thousand acres of oil and gas leases in northeastern Nevada. The plaintiff's expert opined that the misappropriation of the trade secrets had caused more than $1 billion dollars in damages.
EPMM Colorado v. Green Cross Colorado
(Denver Cnty. Dist. Ct. 2015) - Won reversal of a TRO that had been issued
ex parte
at the close of business on a Friday, effectively shutting down operations for a major manufacturing and distribution client, and subsequently won rejection of the injunction against WTO's client.
Jewkes v. USAA
(D. Colo. 2015) - Successfully defended insurer USAA in an insurance bad faith and breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim, and was awarded just five figures on the third claim after having demanded more than $1 million.
Porter v. Smithkline Beecham
(Phila. Ct. Com. Pl. 2015) - Contributed to summary judgment win for Pfizer in a Zoloft birth defect case in Philadelphia. WTO partner Jim Hooper cross-examined the plaintiffs' only expert to offer live testimony, leading to the exclusion of both of the plaintiffs' experts. This was the second time courts excluded causation experts in Zoloft birth defect litigation. In 2014, Hooper cross-examined three causation experts in federal multidistrict litigation in Philadelphia; all three were barred from offering causation opinions.
Walker v. Ford Motor Co.
(Colo. App. 2015) - Won reversal of a 2013 jury verdict against Ford Motor Co. in a case that alleged strict liability and negligence relating to a rear-end collision in a 1998 Ford Explorer. The Court of Appeals concluded that the application of consumer expectation as a standalone test in Colorado's pattern jury instructions does not comply with Colorado law as established by the Colorado Supreme Court in
Camacho v. Honda Motor Co.
Won a complete defense verdict for a Wyoming hospital and codefendant physicians facing allegations of negligence brought by a plaintiff who suffered a stroke following emergency room treatment for a head wound. During mediation, the plaintiff demanded over $19 million, non-negotiable. At closing arguments, the plaintiff came down to $12 million as a "good faith" gesture. The jury found for WTO's client and the codefendants on all claims, and punitive damages claims against the hospital were dismissed.
Mathew Enterprise v. Chrysler Group
(Cal. Super. Ct. Santa Clara Cnty. 2015) - Won a complete defense decision following a month-long, California trial for Chrysler Group and Chrysler Realty in a five-year, $50 million lawsuit including statutory, fraud, and contract claims.
Century Motor v. FCA US
(Mo. Ct. App. E.D.) - Won a significant appeal for FCA (Chrysler) in the Missouri Court of Appeals relating to a 2014 jury trial WTO won for Chrysler. Following trial, the judge entered a declaration in favor of the plaintiff on one remaining count. The Court of Appeals reversed following WTO's successful argument.
Prevailed before the Tenth Circuit Bankruptcy Appellate Panel, which affirmed a bankruptcy court's order of summary judgment for WTO's client, a law firm that had been sued for representing its client in bankruptcy proceedings that became intertwined with a protracted divorce in which the plaintiff (to the appeal) was a party.
Won a defense jury verdict in Ohio for an obstetrician facing claims of medical negligence and lack of informed consent, and damages claims in excess of $15 million, arising from a stroke suffered by a newborn following a difficult delivery. The obstetrician passed away tragically and unexpectedly before trial, making the defense of the care problematic.
Neale v. Volvo Cars of North America, LLC
, No. 14-1540 (3rd Cir. 2015) - Won a precedential, Third Circuit opinion for Volvo that vacated a district court's order to certify classes in six states to pursue claims that the sunroof drains in all Volvo models manufactured from 2003 to the present are defective. The circuit court remanded the case with instructions to "rigorously analyze predominance in the first instance."
Won a complete defense jury verdict in California for an emergency room doctor in a medical malpractice lawsuit with over $22 million at stake in damages claims. WTO was called in just 10 days prior to the three-week trial.
Allstate Ins. Co. v. Med. Lien Mgmt., Inc.
, 2015 CO 32 - Won reversal from the Colorado Supreme Court for Allstate in a precedent-setting ruling on the practice of "assigning" potential future personal injury settlements to third parties, such as medical lien companies.
Won a complete defense jury verdict for a spinal surgeon in a multimillion-dollar medical malpractice lawsuit in Colorado. The patient, who suffered from acute spinal arthritis, experienced a complication during surgery that resulted in partial paralysis. WTO lawyers effectively demonstrated to the jury that our client was not at fault. Following the two-week trial, jurors delivered a complete defense verdict.
L.G. Motorsports v. NGMCO & Michelin
(5th Cir. 2015) - Won Fifth Circuit affirmance of a trial court's summary judgment for Michelin in a case alleging that Michelin and General Motors conspired to prevent the plaintiff from obtaining Michelin racing tires for use in the American Le Mans racing series. The original complaint included antitrust claims, which were dismissed, and unfair competition claims that survived until discovery, when no evidence supporting such claims was produced and the trial court granted summary judgment.
Won a complete defense jury verdict in Ohio in a two-week trial involving allegations of medical malpractice resulting in birth injuries. The plaintiffs sought over $18 million in damages, and WTO lawyers were brought in to defend the case just three weeks before trial.
Served as lead counsel to beverage distributor in a personal injury matter.
Won Montana Supreme Court affirmance of a jury verdict favoring Ford Motor Company in a product liability case involving a fatal car accident.
Assisted a biotech company in an appellate briefing before the Federal Circuit, resulting in reversal of an adverse summary judgment and remand to the state court where our client had filed the complaint.
Belmont v. BP America Production
(D. Wyo. 2015) - Defeated class certification for BP in a natural gas royalties underpayment case heard in federal court in Wyoming.
Warden v. Exempla
(Colo. App. 2014) - Won affirmation from the Colorado Court of Appeals in a defense verdict for WTO's labor and delivery nurse client. Plaintiffs had claimed $17 million in this obstetrical malpractice claim.
Menge v. AT&T
(10th Cir. 2014) - Won Tenth Circuit affirmation of a lower court ruling for AT&T in an ERISA dispute.
EEOC v. CollegeAmerica Denver
(D. Colo. 2014) - Obtained dismissal of key claims brought by the Equal Employment Opportunity Commission (EEOC) of alleged violations of the Age Discrimination in Employment Act (ADEA) and involving the EEOC's national campaign to limit employers' language in separation agreements. Two claims brought by the EEOC were dismissed outright for lack of subject matter jurisdiction. A third claim continues to be litigated.
Represented a major oil producer in arbitration to recover damages stemming from a business partner's breach of contract.
Glazer v. Whirlpool
(N.D. Ohio 2014) - Won a complete defense jury verdict for Whirlpool as co-trial counsel in a $66 million certified class action trial in Ohio involving allegedly "moldy" washing machines.
Won an appeal argued before the Colorado Supreme Court challenging a trial court's order to submit Quality Management Privileged (QMP) materials relating to an incident at issue in a medical malpractice trial. The appellate decision is significant, as the QMP designation allows hospitals and healthcare providers to assess and innovate following critical incidents without concern that their discussions will be discovered.
Won a complete defense jury verdict in Columbus, Ohio, in a medical malpractice case involving paraplegia allegedly resulting from failure to timely diagnose a spinal epidural abscess.
Won exclusion of plaintiffs' general causation experts in multidistrict litigation involving more than 600 claimants alleging the antidepressant Zoloft caused birth defects.
Baker v. The Phoenix Ins. Co.
, No. 12-cv-01788 (W.D. Wash. 2014) - Completed a five-day trial of a multimillion-dollar bad faith case. Obtained a favorable settlement after evidence closed.
Won a complete defense jury verdict in a $12 million legal malpractice case. The jury found in favor of WTO's client on all claims and also awarded unpaid legal fees owed by plaintiffs.
Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to handle a complex patent infringement matter, then sued the firm for negligence and breach of fiduciary duty.
Won a complete jury verdict for a contractor who claimed a Canadian software company failed to pay him amounts due under a contract. The jury, in Douglas County, Colorado, returned a verdict in favor of WTO's client after 22 minutes of deliberation, awarding all the damages the client requested.
Won a complete defense verdict in federal court in Colorado for an emergency physician in a three-week medical malpractice trial in which the plaintiff alleged misdiagnosis leading to paralysis and asserted damage claims of $12 million.
Won a complete defense verdict in state court in Minnesota in a case involving allegations that a doctor's spinal epidural injection resulted in paraplegia. Prior to trial, the plaintiffs rejected a $4 million offer of judgment. Following two weeks of testimony, the jury deliberated 11 hours over two days, returning with a unanimous defense verdict.
Century Motor v. Chrysler
(Mo. 2014) - Won a complete jury verdict for Chrysler Group LLC in a Missouri lawsuit involving an automobile dealer plaintiff claiming damages of tens of millions of dollars.
Sparta Insurance v. Garfias
(E.D. Wash. 2014) - Won a defense verdict in federal court in Spokane, Washington, for Easterday Farms in a $12 million personal injury case involving an explosive collision between two tractor-trailers.
Bancroft v. Dana
(Penn. Philadelphia C.P. 2013) - Brought in just three weeks before jury selection, WTO won a complete defense verdict on behalf of Dana Corporation in an asbestos wrongful-death trial in Philadelphia.
Sipes v. Allstate Indemnity
(D. Colo. 2013) - Won a complete defense verdict in a bad faith matter on behalf of Allstate before the United States District Court for the District of Colorado.
King v. Allstate Insurance
(D. Colo. 2013) - Won a complete defense verdict on behalf of Allstate Insurance Company in an insurance bad faith case brought in the United States District Court for the District of Colorado.
Won before the Colorado Court of Appeals on behalf of an insurance company in a breach of contract matter.
Won a bench trial in 2013 (including an award of attorneys' fees) on behalf of a national title insurance company in connection with a case involving the fraudulent sale of property.
Won back-to-back Colorado Court of Appeals victories in June 2013 in legal malpractice cases involving claims of failure to disclose, negligent misrepresentation, fraudulent concealment, and breach of fiduciary duty.
Defeated class certification in federal court in Oklahoma in a case involving thousands of claimants against a law firm that represents clients before the Social Security Administration. Following the denial of certification, the court granted summary judgment in favor of WTO's client on all remaining individual claims in the case.
Amata v. Toyota
(C.D. Cal. 2013) - Won dismissal of a nationwide class action alleging defects in two Scion vehicles.
Obtained victory before the Colorado Court of Appeals for a bariatric surgeon. WTO lawyers tried and won the original case, which involved alleged complications following gastric bypass surgery. The Court of Appeals rejected the plaintiff's assertions that the lower court erred in precluding certain expert testimony and affirmed the 2011 trial court verdict.
Defeated class certification for Nash Finch (now SpartanNash), a Fortune 500 food distribution company, in claims involving common law fraud, civil theft, and violations of the Colorado Consumer Protection Act stemming from complaints about a specific pricing program in various grocery stores. WTO then obtained summary judgment against the 55 named plaintiffs.
Tietsworth v. Sears
(N.D. Cal. 2013) - Defeated a motion to certify a nationwide breach of warranty class in a case alleging that certain Kenmore washing machines contained defective electronic control boards that caused the machines to malfunction.
Won a unanimous defense verdict for a labor and delivery nurse in a $17 million, three-and-a-half-week obstetrical malpractice trial in Colorado state court.
Won a unanimous defense verdict for four psychiatric hospital nurses in a two-week medical malpractice trial in Boston involving the tragic death of a child. Despite the fact that one nurse admitted negligence for herself and implicated the other three, WTO lawyers effectively argued that the nurse's negligence did not cause the patient's death and that the other nurses acted appropriately within the scope of their responsibilities.
Banner Health v. Phoenix Children's Hospital
- Represented Phoenix Children's Hospital in a claim asserted by Banner Health that a merger between PCH and another healthcare entity triggered a termination clause in a lease of PCH's neonatal ICU. Following a two-week trial, the arbitrator terminated the lease.
Hadjih v. Evenflo
(D. Colo. 2012) - Won a unanimous jury defense verdict in federal court in Colorado on behalf of Evenflo Company in a two-week trial involving liability for permanent injuries to a child strapped into an Evenflo car seat during an auto accident. Ultimately, the jury agreed with our argument that the seat saved the child's life rather than caused the child's injuries.
Savett v. Whirlpool
(N.D. Ohio 2012) - Secured dismissal with prejudice of a putative nationwide class action complaint alleging that certain Whirlpool washing machines were "mislabeled" with the Energy Star logo.
Hoffman v. Ford
(10th Cir. 2012) - Won Tenth Circuit reversal of a federal district court jury verdict favoring the plaintiff and secured a judgment in favor of Ford Motor Co. in a product liability case involving a rollover crash in which the plaintiff was rendered a quadriplegic.
Won a reversal from the Tenth Circuit in favor of BP in a case alleging underpayment of royalties.
Obtained a preliminary injunction following a full-day evidentiary hearing in a Colorado district court on behalf of a large Ohio-based commercial painting company in a case involving trade secrets and a noncompete agreement.
Stoney v. Cingular Wireless
(10th Cir. 2012) - Defended the appeal to the Tenth Circuit of a 2010 jury verdict WTO won on behalf of AT&T in a high-profile whistleblower case.
Law Week Colorado
called the underlying trial court victory one of the "Top Defense Verdicts of 2010."
Schanel v. Ford Motor Co.
(Colo. Ct. App. 2012) - Defended the appeal to the Colorado Court of Appeals of a 2010 jury verdict that WTO won on behalf of Ford Motor Company in an electronic throttle product liability case.
Defended a trucking company against negligence claims arising from a nine-vehicle accident on a snowy Nebraska interstate highway.
Won a unanimous jury defense verdict in a three-week trial in Denver District Court for USAA. WTO lawyers defeated breach of contract and bad faith claims in connection with USAA's refusal to provide coverage for a roof on the plaintiffs' property. The jury returned a complete defense verdict in less than one hour.
Won a defense decision for a Philadelphia psychiatric hospital in a two-day medical malpractice arbitration involving the death of a patient killed in an auto accident hours after being discharged.
Eagle v. Chrysler
- Represented Chrysler in a case in which several Chrysler dealers asserted Chrysler failed to comply with an obligation to provide new dealerships following its bankruptcy. Following trial, the Court entered judgment for Chrysler.
Defended the appeal to the New Mexico Court of Appeals of a 2009 jury verdict that WTO won on behalf of a large food store in a personal injury case.
Successfully defended Chrysler against an automobile dealership's allegations of oppressive and unreasonable terms in a letter of intent to enter into a franchise agreement after Chrysler's bankruptcy in a franchise case of national significance.
Won a bench verdict in state court in a legal malpractice matter. After the law firm brought a collection action against a former client, the former client countered with a multimillion-dollar damages demand, claiming breach of fiduciary duty. Following a one-week trial, the judge dismissed the former client's counterclaim and awarded WTO's client the full amount of fees owed plus interest.
Defended an investment advisory firm in Cook County, IL against a $10 million professional negligence claim. After a two-week trial, the jury found for the defendant.
Obtained a favorable outcome in a Florida medical malpractice trial involving the death of a 43-year-old man following out-patient hernia surgery. Brought in just a week before trial, the WTO team effectively argued for our client in court, leading the jury to assign primary liability to the patient's family and a non-party surgeon, not to WTO's client. The resulting jury award was less than what our client had offered during trial to settle the case.
Won a defense verdict for a Florida hospital in a three-week medical malpractice trial. The case involved a baby who suffered cerebral palsy after a rare delivery complication. The plaintiff sued the hospital for $7 million, claiming complications could have been avoided had a C-section been performed. The WTO team successfully argued the complication was unpredictable and unpreventable, and the doctors actually saved the mother and child.
Obtained a favorable settlement for a large excess insurance company in a medical malpractice case involving a permanent disability to a young child resulting from surgery conducted by a doctor who was not board certified.
Golan v. Holder
, 132 U.S. 873 (2012) - Represented plaintiffs challenging the constitutionality of increasing copyright protection by 20 years and Section 514 of Uruguay Round Agreements Act extending copyright protection to foreign works. The United States Supreme Court ruled the statutes were constitutional.
Won a jury defense verdict for a Colorado bariatric surgeon in Denver District Court.
Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud and violated consumer protection laws.
Vestas Blades v. Randall
(Colo. 2011) - Won a $4.2 million judgment for a renewable energy client in a civil trial involving an executive's embezzlement from the company.
Briefed an appeal in the United States Court of Appeals for the Second Circuit, resulting in full affirmance of a verdict in favor of WTO's client, Chrysler Group, on a federal statutory issue of first impression stemming from Congress's enactment of Section 747 of the Consolidated Appropriations Act of 2010.
Represented a managing partner in a $5 million suit between law firm partners with respect to claims of fraud and mismanagement. After a two-week trial, WTO's client prevailed on fraud and mismanagement claims, and the Court ordered an accounting and liquidation of the firm.
Won a defense verdict for a Washington D.C. hospital in a $40 million medical malpractice lawsuit that involved a baby born with severe brain damage.
Cowan v. Stovall
, 645 F.3d 815 (6th Cir. 2011) - Won a ruling from the U.S. Court of Appeals for the Sixth Circuit that overturned the trial court's verdict in a federal habeas corpus appeal by WTO's pro bono client.
Apodaca v. Allstate Insurance
(Colo. June 20, 2011) - Won a Colorado Supreme Court decision favorable to WTO's client, Allstate, and all Colorado auto insurers in a purported class action involving disclosures associated with underinsured and uninsured motorist policies.
Mercedes-Benz v. Star Automobile
(M.D. Ga. 2011) - Won a preliminary injunction in Georgia for Mercedes-Benz USA in a dealership breach of contract dispute involving the sale of a dealership to a proposed buyer that MBUSA did not want as a Mercedes-Benz dealer.
WhiteWave Foods, Co. v. Northland Organic Foods
(Boulder Cnty. Dist. Ct. 2011) - Won a verdict in Boulder District Court of Colorado in favor of a food production company in a breach-of-contract action it brought against the sole shareholder and officer of an organic food production company.
Affirmed on appeal to the D.C. Court of Appeals WTO's unanimous defense jury verdict for a hospital after a three-week trial in Washington, D.C. The plaintiffs alleged the doctor provided less than the standard of care, resulting in an infant's cerebral palsy. WTO established the child's condition was attributable to his 14-week premature birth.
Ford v. Eicher
(Colo. Sup. Ct. 2011) - Secured a landmark victory from the Colorado Supreme Court on behalf of the American College of Obstetricians and Gynecologists in a case involving the reliability of the intrauterine forces theory of labor as applied in shoulder dystocia matters.
Kelly-Williams v. AT&T
(La. 9th Jud. Dist. Ct.) - Won a jury defense verdict in Louisiana in a premises liability case in which a sign in an AT&T store fell and injured a child.
Won a unanimous jury defense verdict for a cardiothoracic surgeon in a two-week medical malpractice trial involving injuries associated with an atrial fibrillation surgery.
Wirsz v. Nissan
(Cal. Los Angeles Cnty. Super. Ct.) - Won a unanimous defense verdict in California Superior Court for Nissan in a lawsuit involving a claim that an allegedly defective seat system resulted in the plaintiff's quadriplegia following a horrific car crash.
Won a jury defense verdict for an orthopedic spine surgeon in a medical malpractice case with millions of dollars in damage claims at stake, including eight years of accruing pretrial interest.
Co-managed with one other law firm the response to requests from 418 dealers for arbitration relating to the bankruptcy of Chrysler Group LLC and following Chrysler's termination of those dealerships. WTO litigated 187 of these Section 747 arbitrations, and, as directed by Congress, resolved all of the litigation within seven months--with a 96% success rate.
Saaremets v. Whirlpool
(E.D. Cal. 2010) - Obtained dismissal of a plaintiff's class action complaint alleging false advertising filed against Whirlpool.
Secured a ruling from a California appeals court affirming the preemption of claims brought against WTO's client for its abdominal stent medical device.
Won a unanimous jury verdict in a Santa Fe, New Mexico district court in the defense of a personal injury claim brought against a food store.
Scoggins v. Encompass Insurance
(Colo. App. 2009) - Defended an appeal to the Colorado Court of Appeals that affirmed the trial court's finding that WTO's client, Encompass Insurance, was not liable for the claims brought against it in an insurance case. Subsequently defended the award of costs to WTO's client.
Mulcahy v. Rapid American
(Ill. Cook Cnty. Cir.Ct.) - Won a jury verdict in Cook County, Illinois, for General Electric in an asbestos duty to warn case involving power plant land turbines.
Represented a hospital in a four-week trial in California involving special damages in excess of $10 million in claims relating to the care of an adult male with brain damage. The jury returned a verdict of $6 million, but also found the plaintiff 75% contributory negligent. After the setoff from settling the defendant, WTO's client owed only $37,000.
Pelletier v. Alfa Laval
(Cal. Sup.Ct.) - Won a defense jury verdict for Leslie Controls, the sole remaining defendant at trial after other defendants settled. A jury deliberated for just 20 minutes before deciding our client was not liable for the plaintiff's mesothelioma.
Morgan v. Ford
(W.Va. 2009) - Won summary judgment from the West Virginia Supreme Court in a federal preemption case involving claims that Ford Motor Co. should have used different glass in its vehicle windows.
Shaw v. Pizza Hut
(M.D. Fla. 2009) - Won a defense verdict for Pizza Hut/Yum! Brands in liability case stemming from an automobile accident involving a delivery driver.
Friedland v. TIC & Geosyntec Consultants
, 566 F.3d 1203 (10th Cir. 2009) - Won affirmation of a trial court's summary judgment ruling and exposed "pollution for profit" in protracted CERCLA litigation on behalf of our engineering client before the Tenth Circuit.
Won a defense verdict in a medical malpractice case in Florida involving permanent brain injury to a well-known plaintiff's lawyer. WTO was asked to take over the case two weeks into trial and after both local and regional defense counsel recommended settling the case for $12-15 million.
Fletcher v. Pizza Hut
(E.D. Va. 2009) - Won a defense verdict for Pizza Hut/Yum! Brands in a liability case involving traumatic brain injury and over $3.5 million in damages following an accident involving a Pizza Hut delivery vehicle.
Larry Menke v. DaimlerChrysler
, 90 Cal. Rptr. 3d 389 (2009) - Won affirmation for Chrysler before the California Court of Appeals in an opinion that established favorable precedent for manufacturers operating in California. The Court affirmed a trial court's complete dismissal of claims against Chrysler for rejecting a prospective dealership purchaser.
Hudgins v. Southwest Airlines
, 212 P.3d 810 (Ariz. App. 2009) - Won an 88% reduction in the appeal of a punitive damages award in a case tried by another firm.
Colorado Coffee Bean v. Peaberry Coffee
- Defended a franchisor against fraud claims made by franchisees, who sought tens of millions of dollars in actual and punitive damages. After a five-week trial, WTO won judgment for our client. The Court awarded $2 million in attorneys' fees against the franchisees.
Rush v. Whirlpool
(W.D. Ark. 2008) - Defeated certification of a multistate class action in Arkansas federal court involving claims that certain Whirlpool-made refrigerators were defective.
Won a Colorado Court of Appeals opinion upholding WTO's jury defense verdict in a medical malpractice trial involving shoulder dystocia.
Successfully defended a financial services firm in a five-day trial in Richmond, Virginia, involving claims of breach of contract, fraud, and unjust enrichment.
Granite State Insurance v. Ken Caryl Ranch Master Association
, 183 P.3d 563 (Colo. 2008) - Successfully appealed to the Colorado Supreme Court a case WTO won at the trial court level, but which was reversed by the Colorado Court of Appeals. Following arguments, the Colorado Supreme Court's published opinion restored the complete victory for the insurer in this precedent-setting case of first impression and made it easier for commercial property insurers to understand and follow Colorado's statutory notice requirements.
Thunder Mountain Custom Cycles v. Thiessen Products
, 72 F.3d 604 (D. Colo. 2008) - Obtained dismissal of claims against a manufacturer of high-end motorcycle parts in a product liability case in federal court in Colorado. Following dismissal of plaintiff's claims, WTO's client was awarded over $1 million on its counterclaim of payments owed.
McNellis v. Pfizer
(3d Cir. 2008) - Won an appeal for Pfizer in a groundbreaking preemption case before the Third Circuit.
Won a jury defense verdict in Denver District Court for a prominent Denver heart surgeon.
Stewart v. Foster Wheeler
(D. Iowa 2008) - Won a defense jury verdict for Foster Wheeler in the first asbestos wrongful death case tried to a verdict in Iowa in over 10 years.
Negotiated five-figure settlement for GE during Phase 2 of a reverse bifurcated trial in which the plaintiff won Phase 1 but was awarded only 4.2% of demand. The settlement was less than 1% of the demand in Phase 2.
Won defense verdicts in simultaneous trials for Foster Wheeler in Los Angeles, CA, and Iowa City, IA.
Wobst v. Allstate Insurance
, 262 Fed. App'x 75 (10th Cir. 2008) - Summary judgment affirmed.
Allen v. Martin
, 203 P.3d 546 (Colo. App. 2008.) - Obtained summary judgment on a previously undecided question of Colorado law.
Ganyard v. Allstate Insurance
(Colo. App. 2008) - Summary judgment affirmed.
Villalpando v. Denver Health
, 181 P.3d 357 (Colo. App. 2007) - Won affirmation from the Colorado Court of Appeals for four doctors in a medical tort case involving wrongful death claims relating to medical treatment provided to the plaintiff's husband before his death.
Won a defense verdict after five weeks of trial in Massachusetts in a living mesothelioma case, the first asbestos case tried to verdict in Boston in 10 years.
Dennis v. Whirlpool
(S.D. Fla. 2007) - Obtained dismissal with prejudice of plaintiffs' class action allegations in a putative nationwide class action alleging that more than one million of Whirlpool's refrigerators were defective.
Obtained a temporary restraining order in Denver District Court against a retailer and its owner in a brand-protection case WTO handled for a well-known appliance manufacturing company.
Obtained a defense verdict in a New Hampshire trial involving the death of a 63-year-old man following complications from gall bladder surgery. With just two weeks' notice, WTO demonstrated that an empty oxygen tank, which the decedent used for supplemental oxygen shortly before his cardiac arrest, did not cause his death. Ultimately, the jury agreed.
White v. Ford
, 500 F.3d 963 (9th Cir. 2007) - Won a reversal and a new trial on the punitive damages phase of a product liability case originally tried by another firm in 1998. Persuaded the second jury to award only one-third of the amount awarded in the initial trial.
Estate of Hill v. Allstate Insurance
, 479 F.3d 735 (10th Cir. 2007) - Won affirmance from the Tenth Circuit of summary judgment for an insurer in a case seeking unlimited no-fault benefits for alleged failure to offer no-fault benefits.
Conroy v. Dennis
(Colo. 2006) - Successfully tried to verdict a case in which our clients proved that Colorado's electronic voting systems had not been tested and certified in accordance with the law. The case led to major changes in Colorado election law.
Successfully defended a spine surgeon in a two-week trial in South Carolina brought by a paralyzed plaintiff who blamed the surgeon for not recognizing the early signs of paralysis.
Moore v. Bertuzzi
- Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction and
forum non conveniens
, and also obtained a six-figure award of attorney's fees and costs in favor of the Canucks organization and against Mr. Moore.
Auto Stiegler v. Mercedes-Benz USA
(C.D. Cal. 2006) - Won a complete jury verdict in a franchise dispute in Los Angeles, defeating all of the plaintiff's claims and winning all six counterclaims and an award of over $7 million, including punitive damages, for Mercedes-Benz USA.
Won the first asbestos wrongful death defense verdict for General Electric in Madison County, IL, one of the top "judicial hellholes" for corporate America as featured in
The Wall Street Journal
Angelo v. Foster Wheeler
(N.D. Ohio, 2008) - Tried an asbestos wrongful death case to a hung jury in Cleveland. The plaintiff never retried the case.
Rollin v. Foster Wheeler
(C.D. California, 2008) - Obtained judgment not withstanding verdict in a $9 million mesothelioma trial in California.
Won a jury defense verdict in U.S.D.C. for the District of Colorado for an automobile manufacturer in a wrongful death crashworthiness case.
Unger v. St. Vrain Partners
- Won a jury defense verdict for a limited liability company whose members claimed the distribution of funds made in 2001 violated the company's operating agreement.
Silverton Mountain v. Core Mountain Enterprises
- Defended Silverton Mountain against claims brought by an adjacent landowner/competitor. The plaintiff sought damages and an injunction to shut down the ski area based on allegations of trespasses caused by WTO's client's avalanche control work. WTO won a defense verdict.
Dusek v. Pfizer
- Obtained summary judgment for Pfizer on preemption grounds in a case alleging that a popular antidepressant caused suicide.
Vastano et al. v. AT&T Wireless
- Defended AT&T Wireless in a nationwide class action in Colorado state court involving the billing of wireless air time.
Taylor v. Solvay Pharmaceuticals
- Obtained voluntary dismissal of claims against Solvay Pharmaceuticals in litigation stemming from the 1999 Columbine High School shooting.
Obtained reversal in the Ninth Circuit Court of Appeals of a trial court's refusal to send a contract dispute to arbitration. WTO successfully resolved the case on behalf of the client, a telecommunications company, after the Ninth Circuit ruling.
Estrada v. Nissan
- Defeated class status and a recall attempt against Nissan in a putative class action involving airbags.
Miller v. Pfizer
- Won exclusion of a star expert for the plaintiffs in antidepressant suicide litigation and won summary judgment for Pfizer in federal court in Kansas in a case alleging that the company's antidepressant led to the suicide of a minor.
Motus v. Pfizer
- Obtained summary judgment for Pfizer in a case alleging wrongful death, failure to warn, and other claims involving the company's popular antidepressant, and won on appeal in the Ninth Circuit.
Grimes v. Mazda
- Won a defense verdict in Kentucky for Ford Motor Co. in a rollover case involving a Mazda pickup truck.
Geier v. American Honda
, 529 U.S. 861 (2000) - Won a U.S. Supreme Court victory for Honda in a precedent-setting case involving federal preemption standards as applied to airbags in the automotive industry.
Tebbetts v. Ford
- Won a New Hampshire "no airbag" trial for Ford before getting all no-airbag cases held preempted in
in the U.S. Supreme Court.
LeJeune v. Ford
- Won dismissal on federal preemption grounds in a no-airbag case.
Martinez v. Ford
- Won dismissal of no-airbag claim on federal preemption grounds in the Michigan Court of Appeals.
Lebouef v. Ford
- Favorable decision on federal preemption grounds in a no-airbag case.
Wolfe v. Ford
- Favorable decision on federal preemption grounds in a no-airbag case.
Barnhill v. Ford
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Angelopolus v. Ford
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Hubbard v. Ford
- Favorable decision on federal preemption grounds in a no-airbag case.
Turnquest v. Ford
- Favorable decision on federal preemption grounds in a no-airbag case.
Waters v. Ford
- Favorable decision on federal preemption grounds in a no-airbag case.
Martin v. Ford
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Teitloff v. Valcon Materials
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Winters v. Ford
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Wright v. Ford
- Won a favorable decision on federal preemption grounds in a no-airbag case.
Marrs v. Ford
- Won affirmance by the Texas Court of Appeals of a lower court decision granting summary judgment to Ford on federal preemption of a no-airbag claim.
Laser Tech v. BDO Seidman
- Represented BDO Seidman in shareholder suit that claimed securities fraud and a negligent audit by the company's accountants. Persuaded the plaintiffs the audit process could not have uncovered the manipulation, and plaintiffs dismissed their claims.
Stearns v. Jetway
- Won Fifth Circuit affirmation of the lower court's granting of summary judgment in a case alleging unfair monopolization against FMC Corporation and involving the company's aircraft boarding bridges.
State of Indiana v. Ford
- Successfully defended Ford Motor Co. against criminal charges of reckless homicide in the design of the Pinto automobile.
Steenbergen v. Ford Motor Co.
- Successfully defended the first "no-airbag" case tried to a verdict.
Gray v. Ford
- Successfully defended the first airbag fatality case tried to verdict.
Williams v. Whirlpool
- Obtained a defense verdict in a fire fatality case alleging design defects in appliance.
Oja v. Howmedica
- Won reversal in Tenth Circuit of plaintiff's verdict; case settled in hip implant case.
Montag v. Honda
- Won affirmance in the Tenth Circuit of summary judgment on federal preemption grounds.
Nguyen v. Whirlpool
- Directed verdict on manufacturing defect; hung jury; case settled.
Harris v. Ford
- Won dismissal of no-airbag case by Ninth Circuit on federal preemption grounds.
Macko v. Ford
- Won summary judgment on federal preemption grounds on inadequate warning labels claim.
Binakonsky v. Ford
, 133 F.3d 281 (4th Cir. 1998) - Won summary judgment from the district court in a design defect case. When plaintiffs appealed, the Court of Appeals affirmed in part, reversed in part, and remanded.
Scott v. Conoco
- Defended Conoco against personal injury claims relating to an accident at one of its refineries. The plaintiff prevailed in a seven-day jury trial, but the case was later reversed by the Colorado Court of Appeals.
Cornerstone v. BDO Seidman
- Settled accounting malpractice litigation relating to the embezzlement of $10 million by a company's president.
Sonoco Products v. Newark Paper Products
- Won an injunction for Newark Paper Products following a three-week trial asserting that Sonoco and its employee had misappropriated trade secrets from Newark.
Represented a national shipping company in a wrongful death lawsuit filed in Montana involving two of its contract drivers who allegedly struck and killed a firefighter directing traffic in a snowstorm. After more than two years of challenging litigation, WTO was called in four weeks before trial and obtained a favorable settlement.
Served as trial counsel in a multimillion dollar tax shelter trial involving what was once one of the largest investment banks in the United States. Successfully moved in limine to preclude and limit the scope of the expert testimony proffered by the plaintiff. The case concerned the interpretation of a decades-old bilateral tax treaty and the interplay of that treaty with U.S. tax laws and regulations.
Hughes v. Ford
- Won favorable decision on federal preemption grounds in a no-airbag case.
Won a defense verdict in Oregon as co-counsel in a $9 million trial involving negligence claims in a birth trauma case involving shoulder dystocia.
Represented a leading telecommunications company in a dispute against a service provider.
Represented a development company in litigation brought by a municipality related to disputes spanning a decade.
Taken over 80 expert and fact depositions in asbestos cases nationwide.
Argued a motion to dismiss in Wyoming state court that drew praise from the court.
Argued a winning opposition to plaintiffs' motion to dismiss a counterclaim in Wyoming state court.
Led trial preparation efforts, under senior supervision, for a major industrial manufacturer facing hundreds of millions in damages as a result of a catastrophic accident. Drafted Daubert motions, developed expert witnesses, and prepared experts for depositions and trial. The case settled shortly before trial.
Represented a utility company in the retrial of a $1 billion dollar lawsuit brought by a consortium of dairy farmers alleging stray electricity from our client's facilities and transmission lines depressed herd production. The parties reached settlement on the eve of the retrial.
Phillips v. Ford
(Ill. Cir. Ct. 2007) - Obtained decertification of a certified nationwide class action against Ford.
In re Ford Explorer Cases
(Cal. Sacramento Cnty. Super. Ct. 2007) - Defended Ford Motor Co. in a four-month certified class action trial involving $2 billion in consumer fraud claims. On the day set for closing arguments, the plaintiffs agreed to a no-cash, coupon-based settlement for the California class and classes in three other states with pending parallel actions.
In re 2005 U.S. Grand Prix Litigation
, 489 F.3d 316 (7th Cir. 2007) - Successfully defended before the Seventh Circuit a Rule 12 dismissal of all claims relating to a proposed nationwide class action arising out of the 2005 United States Grand Prix in Indianapolis.
St. Clair County and City of Centreville v. Ford
(Ill. St. Clair Cnty. Cir. Ct. 2004) - Won a complete defense jury verdict for Ford in a six-week, certified class action trial in Illinois.
Assisted in the successful resolution of 21 arbitrations as part of WTO's Chrysler Group Franchise Arbitrations Team, including the drafting and assembly of multiple successful motions submitted prior to final hearings. These followed the bankruptcy of Chrysler Group in 2010.
Flying J v. Conoco
- Defended Conoco in a series of arbitrations in which Flying J claimed that the ConocoPhillips merger triggered a provision in the Conoco-Flying J joint venture agreement that would have allowed Flying J to acquire Conoco's interest at book value, which was approximately $1 billion less than the market value of the interest. The arbitrator found in Conoco's favor, concluding that market value was the proper way to value Conoco's interest.
Represent major automotive manufacturer in defense of product liability claims involving varying designs of sport utility vehicles.
National Trial Practice
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Sunday School – 10:00 am
Worship Service – 11:00 am
Bible Study – 12:15 pm
Wednesday Bible Study - 6:30 pm
12859 Martin Road Spur
Northport, AL 35473
Watering the Tulips
"And without controversy great is the mystery of godliness: God was manifested in the flesh, Justified in the Spirit, Seen by angels, Preached among the Gentiles, Believed on in the world, Received up in glory" – 1 Timothy 3:16
Every December, millions of professed Christians remember the birth of Jesus. Whether Jesus was truly born on December 25 or not is a subject for another time. However, the real beauty surrounding the birth of Christ is often missed in the festivities. Perhaps this article is being written at a strange time of the year and from an odd point of view, to some. But, the power behind our text verse today is certainly great.
Some 2000 years ago in a manger in Bethlehem, God became a Man. Certainly, Jesus was and is God Himself. And yet, He took on all of the qualities of mankind, sin being the only exception. He lived a perfectly sinless life. Yet, He did this as a Man. Phillipians 2:5-8 (NASB) says, "Have this attitude in yourselves which was also in Christ Jesus, who, although He existed in the form of God, did not regard equality with God a thing to be grasped, but emptied Himself, taking the form of a bond-servant, and being made in the likeness of men. Being found in appearance as a man, He humbled Himself by becoming obedient to the point of death, even death on a cross". Jesus willingly let go of the glory He had with the Father before the world existed (John 17:5) and became a Man in order to die for the sins of men.
Yes, to the finite mind, this is a great mystery! Even the Apostle Paul, who (by the Holy Spirit) penned half of the New Testament, declares that this was a mystery to his mind. But if it proves anything to us, it proves that Jesus loved us enough to suffer through this life as a Man. He willingly did this. In fact, positionally He was made a little lower than the angels for a while (Hebrews 2:9). Certainly, He was worthy of great exaltation! He IS worthy! And without doubt, He will be worshipped and praised throughout eternity for His greatness! And yet, for a little while, He became a Man for the work of redemption. No other supposed god of any other religion has such a great love for His people. But, Jesus does and He proved it.
The deity of Jesus Christ is a foundational principle of true Christianity. Jesus is the "God-man". He is 100% God and 100% man at the same time. Therein lays the mystery. Though we certainly do not understand this, we whole heartedly believe it. The Bible declares that this was necessary for Him to suffer for our sins. And He willingly took on this great and burdensome task.
Child of God, have you thanked your Lord recently for becoming a Man for you? Have you thanked Him for what He endured? How about taking a moment now to do that very thing?
Watering the Tulips is brought to you by Sovereign Grace Baptist Church in Northport, AL. For more information, please visit www.sovereigngrace.net . "Your App to the Gospel" is available in iTunes, Windows Phone Marketplace and Google Play. Download it today!!


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Klebnikov was the 11th journalist in Russia to be killed in a contract-style murder in the four years after President Vladimir Putin came to power, according to CPJ research. No one had been brought to justice in any of the cases.
A special crimes unit is investigating Klebnikov's murder, Prosecutor General Vladimir Ustinov said.
On September 28, Moscow police said they arrested two Chechen men suspected in the murder. But the suspects denied involvement, and police backed off their initial assertion. Less than two months later, on November 18, Moscow police and the Belarusian security service arrested three other Chechens considered suspects in the murder. Authorities provided only limited information about the evidence they used to link the new suspects to the crime.
Some analysts reacted to the arrests with skepticism. After the September arrests were reported, Oleg Panfilov, director of the Moscow-based press freedom group Center for Journalism in Extreme Situations, told an interviewer that authorities were pursuing a "farfetched Chechen trail."
Forbes launched its Russian-language edition in April 2004, attracting significant attention a month later when it published a list of Russia's wealthiest people. The magazine reported that Moscow had 33 billionaires, more than any other city in the world.
Klebnikov had written a number of books and articles that angered his subjects. His investigations often focused on the synergy of Russian business and organized crime, but he also addressed the conflict in Chechnya and the ethnic and political tensions there. In November, CPJ posthumously honored Klebnikov with one its International Press Freedom Awards.


text: This is, admittedly, not a very comprehensive document but as I look at it I can't help but see that it seems that until this year no money from the federal defense budget has been allocated to cyber security. Im not sure what that means, is that for security from international threats, to monitor domestically, both, or something else. If this is so, I find it incredible to the point of unbelievable. Maybe I have arrived at the wrong conclusions.