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.