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Brian G. Eberle

Brian G. Eberle

633 Seventeenth Street
Suite 3000
Denver, CO 80202

Phone: 303.299.8470
Fax: 303.298.0940
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Areas of Emphasis

Alternative Dispute Resolution
Commercial Litigation
Construction
Trust and Estate Controversies
Class Actions

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Representative Matters

  • Obtained dismissal at the pleading stage of consolidated federal court class actions against financial service clients seeking over $1 billion in damages arising out of Bernard Madoff's Ponzi scheme.
  • Defeated certification of proposed class of current and former employees of a food processing client seeking over $200 million in damages in federal court action arising out of alleged immigration violations.
  • Assisted with retaining and preparing expert witnesses for a municipal client resulting in a $19 million insurance recovery for damages arising from a defectively constructed water pipeline system.
  • Obtained defense judgment for a major oil company following a one-week arbitration hearing in which the plaintiffs sought over $11 million in damages for alleged breaches of a settlement agreement.
  • Obtained jury verdict in favor of a manufacturing client in which the opposing party sought over $5 million in damages for alleged breach of an international sales distribution agreement.

Samples of Decisions

  • Mandelbaum v. Fiserv, Inc., 787 F. Supp. 2d 1126 (D. Colo. 2011)
  • Hines v. Fiserv, Inc., 2010 WL 1249838 (M.D. Fla. Mar. 25, 2010)
  • Rutter & Willbanks Corp. v. Shell Oil Co., 314 F. 3d 1180 (10th Cir. 2002)
  • Smith v. TCI Communications, Inc., 981 P.2d 690 (Colo. App. 1999)
  • In re Submission of Interrogatories on Senate Bill 93-74, 852 P.2d 1 (Colo. 1993)
  • Evans v. Board of County Commissioners, 994 F.2d 755 (10th Cir. 1993)
  • People v. Rosburg, 805 P.2d 432 (Colo. 1991)

Professional Activities

  • Judicial Clerk, Judge Cynthia Holcomb Hall, U.S. District Court, Central District of California, 1983-1984
  • Judicial Clerk, Judge Hall in the United States Court of Appeals for the Ninth Circuit, 1984-1985

Publications and Presentations

  • Author, "S.B. 07-087 and the Enforceability of Indemnification Provisions in Colorado Construction Contracts," 36 The Colorado Lawyer, 59 (September 2007)

Education

  • Juris Doctor, University of California-Los Angeles School of Law, 1983
    • Order of the Coif
    • Managing and Chief Casenotes Editor, UCLA-Alaska Law Review
  • Bachelor of Science in General Engineering, highest honors, University of Illinois-Urbana, 1980

Honors and Awards

  • Bronze Tablet Scholar (top 3% of engineering undergraduates)
  • Tau Beta Pi and Gamma Epsilon Honoraries
  • Department of General Engineering Outstanding Senior Design Award (computerized exercise bicycle)
  • Four-year member, Intercollegiate Soccer Club
  • Denver Soccer Club - Volunteer Coach of the Year
  • American Cancer Society Cancer Action Network - State Lead Ambassador: Advocacy Volunteer of the Year