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Christina Gomez

Partner

555 17th Street, Suite 3200, Denver, CO 80202

Christina Gomez is an experienced and effective appellate advocate.

As a skilled appellate practitioner and chair of the firm’s Appellate Practice Group, Christina carefully guides clients through the entire appellate process – from preserving issues in the trial court and determining whether and on what issues to take an appeal through appellate stay motions, briefing, oral argument, and other appeal proceedings.

Dozens of appeals. Christina has litigated dozens of appeals involving a broad range of legal issues in the federal 9th, 10th, and D.C. Circuit Courts of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals. She also has litigated matters before the U.S. Supreme Court and other federal and state appeals courts.

Recognized appellate experience. Christina is author of two chapters in the Colorado Appellate Handbook, co-editor of the Appellate Practice Column in The Colorado Lawyer, and co-chair of the Colorado Bar Association’s annual Appellate Practice Update CLE. She often writes and presents on emerging issues in appellate law.

Dedicated pro bono efforts. Christina served on the committee that developed the Colorado Bar Association’s Appellate Pro Bono Program, and she has chaired the program’s screening committee since its inception in 2010. Additionally, she has spent hundreds of hours on pro bono matters pursuing civil rights, constitutional claims (including claims of violations of due process, equal protection, unlawful seizure, and cruel and unusual punishment), parental rights, and other issues.

Christina serves as Administrative Partner for Holland & Hart’s Denver office. She also is a member of and served for three years as co-chair of Holland & Hart’s women’s initiative.

Prior to joining Holland & Hart, Christina clerked for two years with the Honorable Charles A. Pannell, Jr. of the U.S. District Court for the Northern District of Georgia.

Experience

Trial-Level Work

  • Framing and preserving issues
  • Class certification responses
  • Dispositive motions
  • Jury instructions and motions in limine
  • Post-trial motions

Appellate Work

  • Interlocutory appeals
  • Stay motions
  • Procedural issues
  • Appellate briefs
  • Oral argument
  • Certiorari petitions and responses

Client Results

Banking Appeals
  • The Colorado Court of Appeals affirmed the dismissal of borrowers’ claims against our client relating to the foreclosure process.

  • The Colorado Court of Appeals agreed with our banking client’s position that a borrower could not enforce a right of first refusal entered into with the borrower’s previous lender, where the record supported the trial court’s conclusion that our client was a holder in due course of the note.

Bankruptcy Appeals
  • The Tenth Circuit reversed an order that would have limited guarantors’ liability on a debt to the amount their company was expected to pay under its debtor’s plan; as a result, our client was able to seek a full recovery of the underlying debt.

Commercial Litigation Appeals
  • The Colorado Court of Appeals upheld the district court’s entry of judgment for our client on alter ego and fraudulent transfer issues.

  • The Wyoming Supreme Court affirmed the trial court’s entry of judgment in favor of our client in a commercial dispute on res judicata grounds.

Constitutional Law Appeals
  • Obtained dismissal of a lawsuit against county commissioners claiming violation of equal protection rights in the enforcement of county regulations.

Electric Power Appeals
  • The District of Columbia Circuit Court upheld a decision by the Federal Energy Regulatory Commission in our client’s favor, thus affirming the justness and reasonableness of a lower rate for ancillary services than the electric utility initially had charged and confirming our client’s entitlement to a refund of millions of dollars in overpayments.

Employment Appeals
  • The Tenth Circuit affirmed the dismissal on summary judgment of employment discrimination and retaliation claims asserted against our client under both federal and state law.

  • The Tenth Circuit affirmed the dismissal of a flight attendant’s claims against our client, her former employer, due to preemption under the Railway Labor Act.

Environmental Appeals
  • The Ninth and D.C. Circuits agreed that states may challenge federal agency compliance with an Endangered Species Act provision requiring special consideration of state agency comments, although the courts found compliance with this requirement under the circumstances.

Probate Appeals
  • The Colorado Court of Appeals affirmed an order allowing the appointment of a receiver to manage the sale of a business asset, where our client, a protected person, had a large interest in the business and the other business partners were mismanaging the asset’s sale.

  • The Colorado Court of Appeals affirmed an order in favor of our client, a protected person, on claims that the conservator had breached his fiduciary duties and committed civil theft.

Securities Fraud Appeals
  • The Tenth Circuit affirmed the trial court’s decision that our clients were not subject to an enforceable arbitration agreement relating to their claims for securities fraud.

Tax Appeals
  • The Colorado Supreme Court interpreted the state’s property tax statute to permit our client to obtain an abatement and refund on taxes it had mistakenly overpaid due to an internal error.

  • The Colorado Supreme Court held that the state severance tax statute allows deduction for the cost of capital invested in transportation, manufacturing, and processing facilities.

  • The Colorado Court of Appeals ruled in favor of our client, who contested the city’s assessment of sales and use tax on certain transactions.

Other Appeals
  • The Ninth Circuit affirmed a decision on an international child custody dispute arising under the Hague Convention.

  • The Colorado Court of Appeals rejected various attempts to set aside our client’s domestication of a foreign judgment.

  • The Colorado Court of Appeals reversed a district court order that had set aside a quasi-judicial decision by our client, a board of county commissioners, under C.R.C.P. 106(a)(4) review.

Significant Pro Bono Appeals
  • The Colorado Supreme Court held that our client could assert a defense of laches to interest on child support arrearages sought 18 years after they were due, and well after the child had reached adulthood.

  • The Colorado Court of Appeals reversed the district court’s adoption placement, following an adjudication of dependency and neglect, and remanded for proceedings to determine whether the child should be placed with our clients, the foster parents.

News

Publications

Speaking Engagements

Education

Bar Admissions

Court Admissions

Recognition

  • 5280 Magazine Top Lawyers, Appellate, 2015-2018
  • Colorado Super Lawyers®, Appellate, 2018
  • Colorado Super Lawyers® Rising Stars, Appellate, 2010-2014
  • Colorado Women's Bar Association, "Raising The Bar" Award Recipient, 2016

Professional and Civic Affiliations

  • Colorado Bar Association, Litigation Section, Appellate Practice Subcommittee, Member, 2009-present
  • Colorado Bar Association Annual Appellate Practice Update CLE, Co-Chair, 2011-present
  • The Colorado Lawyer, Appellate Practice Column, Co-Editor, 2014-present
  • Judicial Nominating Commission, Seventeenth Judicial District of Colorado, Member, 2016-present
  • Rocky Mountain Harvard University Club, President, 2016-present, Treasurer, 2013-2016, Trustee, 2012-present
  • Tenth Circuit Historical Society, Member, 2014-present
  • Colorado Women’s Bar Association, Member,
    Programs and Judicial Committees, Former Member
  • Catholic Lawyer’s Guild, Member, 2005-present
  • Meals on Wheels, Firm Coordinator, 2006-2011, Volunteer, 2005-present
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