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CASE RESULTS

RICH MARSH

Unfair Competition and False Advertising 

Nutritional supplement merchandiser knocked off unique product developed by small start-up company. Marsh obtained federal court jury verdict for start-up on Lanham Act claims for unfair competition and false advertising. 

Prescriptive Easement 

Developer’s land use plan threatened to extinguish historic access road to stone quarries. Marsh proved the existence of a prescriptive easement using expert photogrammetry technology. 

Church Schism 

Schism developed in large denominational church. Dissenters attempted to use nonprofit corporation code to disaffiliate from parent church and take church property. Marsh obtained dispositive rulings nullifying dissenters’ efforts. 

Bankruptcy Non-Discharge 

Real estate broker (A) “crossed sign” of another broker (B) who had obtained high six figure judgment against broker A. Broker A filed bankruptcy. Marsh obtained non-discharge judgment for intentional tort in bankruptcy court.  

Defense of HOA 

HOA unit owner and former board member sued association for accounting and to reverse board policy actions. Marsh successfully defended HOA and obtained trial court award of attorney fees for the HOA. 

Defense of Business License 

State Department of Revenue threatened business license of truck driver training company. Marsh prevented revocation and secured favorable conditions to license.  

Trade Secret 

Competitor sued oil well pump inventor in federal court for knocking off its design. Marsh used expert ASCI technology to secure dismissal of all claims against inventer following preliminary injunction hearing. 

BANKRUPTCY NON-DISCHARGE

Real estate broker (A) “crossed sign” of another broker (B) who obtained a high six-figure judgment against broker A. Broker A filed bankruptcy. Marsh obtained non-discharge judgment for Broker B for an intentional tort.

PRESCRIPTIVE EASEMENT

The developer's land use plan threatened to extinguish historic access road to stone quarries. Marsh obtained a state court jury verdict on the claim of prescriptive easement using expert photogrammetry technology.

CHURCH SCHISM

A schism developed in a large local denominational church. Dissenters attempted to use the nonprofit corporation code to disaffiliate from the parent church and take church property. Marsh obtained dispositive rulings nullifying dissenters' efforts.

D & O Insurance 

Insurance carrier denied insured’s claim under its Directors & Officers coverage. Marsh and co-counsel obtained federal trial and appellate court rulings in favor of the insured. 

Alter Ego 

Trial court found corporate officer individually liable for concrete company’s debt. Marsh secured reversal of trial court judgment on appeal.  

Fraudulent Transfer 

Company transferred property to company accountant. Investor sued accountant under Colorado’s fraudulent transfer statute. Marsh obtained trial court judgment in favor of the accountant and successfully defended the ruling before Colorado appellate court and in bankruptcy court. 

Bankruptcy Exemption 

Marsh successfully argued that bankruptcy spousal exemption did not apply to his client’s judgment lien, overturning long-standing precedent set by the same bankruptcy judge.  

Worker Compensation Insurance 

Hospital worker was killed in an automobile accident while on duty. His estate sued hospital district. Marsh successfully argued that worker’s sole remedy was under Colorado’s Worker Compensation Act, resulting in trial court’s dismissal of the lawsuit.  

Warranty Claim Liability 

Larger manufacturer was sued by end user of product purchased from one of its distributors. Marsh and co-counsel obtained dismissal of lawsuit for lack of privity and successfully defended the dismissal on appeal.  

UNFAIR COMPETITION AND FALSE ADVERTISING

Nutritional supplement merchandiser knocked off unique products developed by a small start-up company. Marsh obtained a federal court jury verdict for start-up on Lanham Act claims for unfair competition and false advertising.

DEFENSE OF BUSINESS LICENSE

State Department of Revenue threatened business license of truck driver training company. Marsh prevented revocation and secured favorable conditions to license.

TRADE SECRET

The competitor sued oil well pump inventor in federal court for stealing trade secrets. Marsh secured dismissal of all claims following the preliminary injunction hearing using expert ASCI technology.

DEFENSE OF HOA

HOA unit owner and former board member sued the association for accounting and to reverse board policy actions. Marsh defended HOA and obtained a trial court award of attorney fees for the HOA.