Patrick Bernal

Successfully defended food company from landlord’s claims that company had damaged its manufacturing facility; landlord sought $390,000 plus interest, but was awarded just $16,775 after three days of trial Johns v. Natural Food Works, LLC, No. 2020CV33330 Colo. Dist. Ct. Dec. 23, 2021.

Achieved a trial victory and subsequent affirmance on appeal in a craft brewery’s dispute with its landlord over significant unauthorized charges under a commercial lease Crooked Stave, LLC v. Freight on the River, LLC, 2021 Colo. App. LEXIS 706 May 13, 2021.

Helped a manufacturer client secure a dismissal with no cost, after it was alleged to have caused the fatality of a truckdriver burned to death by molten mulch. The court agreed with Patrick’s client’s argument that it was not proximately responsible for the fatality. Instead, the action was settled by other defendants for an eight-figure amount.

Recovered a $1 million jury verdict for a property-owner client in an appeal of an eminent domain decision by a public utility board. The board had originally awarded Patrick’s clients only $25,000.

Secured reversal of a default judgment entered against a real-estate developer, on grounds that the lower court had erred by authorizing defective service of process while Patrick’s client resided abroad, based on a technical interpretation of the relevant procedural rule Namaste Judgment Enforcement, LLC v. King, 2020 COA 43.

Successfully defended a limited liability company and majority members from minority members’ claims of breach of fiduciary duty and other similar claims; Plaintiffs’ counsel sought $48 million at closing but received award of just $6 in nominal damages after five days of trial.  

Successfully prosecuted an insurance-coverage claim through all stages of litigation, including appeal to the Vermont Supreme Court. The Supreme Court agreed with Patrick’s municipal client that its insurer was required to cover the full value of money embezzled by a former treasurer, including the interest that the town had lost from being deprived of its money for decades.

Represented an insurance company client in successfully appealing a trial-court decision, which had required it to pay the entirety of a judgment against a contractor held responsible for significant head injuries to a high-school basketball star. The appellate court reversed, agreeing with Patrick’s client’s argument that the insurance policy should be found void ab initio based on the insured’s fraud in its insurance application.

Represented, as lead counsel, a putative class of approximately 60 former employees of a technology company, alleged to have deprived our clients of approximately $6.5 million—exclusive of interest and attorneys’ fees—in phantom-share earnings.

Secured arbitration award of over $1.6MM (plus recovery of all legal fees and expenses) for manufacturing-company against non-paying customer. Client also achieved a complete dismissal of the customer’s counterclaims, involving allegations of fraud and business torts.