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Jeremy A. Moseley

Partner

T 303.839.3741
F 303.839.3838
jmoseley@spencerfane.com


Jeremy Moseley defends mass actions and class action in venues throughout the country, using his breadth of experience in highly regulated industries to instill confidence for clients facing difficult and uncertain circumstances. He has also won multiple complex commercial trials and defeated class certification in multiple states. His knowledge of insurance regulations, pharmaceuticals, professional services, and consumer products have led to successes in matters involving insurance, health care, telecommunications, and oil and gas.

Jeremy excels when the stakes are high and when the nature or volume of litigation creates complex challenges for which ready-made solutions may not exist. His experience evaluating, prioritizing, and defending such matters helps clients strategize and make decisions at every stage of litigation.

Prior to entering private practice, Jeremy helped mediate approximately 200 settlement conferences as Senior Judicial Clerk to Magistrate Judge Michael E. Hegarty.

Highlights of Jeremy’s experience include:

  • Represented two co-defendants in a property insurance class action lawsuit in Colorado. Plaintiffs claimed they were systematically underinsured in a “monumental” conspiracy, in violation of federal RICO and antitrust laws and involving virtually all property insurers in Colorado as well as industry trade groups. He served as part of a liaison counsel team that argued the successful motion for the fee award of more than $1.5 million, and defended that award on appeal to the Tenth Circuit.
  • Serve as national resolution counsel for a pharmaceutical company in products liability litigation by providing strategic advice, overseeing the evaluation of hundreds of claims, and managing the day-to-day implementation of the client’s strategic goals, resulting in the successful resolution of hundreds of millions of dollars in potential claims.
  • Won a defense verdict for a large national insurance company against a claim of negligent misrepresentation for an allegedly underinsured property. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. The company won on the final claim after a six-day jury trial in Boulder County.

CLASS ACTIONS

  • Defeated class certification and declaratory claims in a putative class action in Montana regarding a large national insurance company’s handling of claims for medical payments coverage.
  • Won a published Tenth Circuit opinion for a large national insurance company, clarifying that a one-year time limit on medical payments coverage is permitted under Colorado law. The opinion also resolved a separate class action, in which the Colorado Supreme Court declined to answer questions certified by the District of Colorado.
  • Obtained summary judgment for a large national insurance company against a putative class action alleging that company’s time limitation on Med-Pay benefits violated Colorado law and that the company failed to disclose the time limitation.
  • Defeated putative class claims for bad faith and Consumer Protection Act claims related to time limits for medical payments coverage.
  • Represented an insurance company in two Washington insurance class actions alleging unrepairable damage claims under UIM property damage coverage.
  • Won summary judgment for a large national insurance company based on a plaintiff’s lack of standing in a putative class action regarding the contractual time limitation for medical payments coverage.
  • Successfully defended against class action allegations brought against a nursing home chain and its affiliated companies, resulting in a complete dismissal of all class claims.
  • Obtained a highly favorable non-class settlement in a putative, multistate class action involving a name brand company’s wall ovens.
  • Successfully represented a diagnostic testing company against class action allegations following a high-profile hepatitis outbreak at a hospital, and obtained a complete dismissal of all claims without any settlement payment by the client.

MASS TORTS

  • As lead national trial counsel for an international pharmaceutical company, successfully argued before the U.S. Judicial Panel on Multidistrict Litigation to defeat plaintiffs’ attempt to create an MDL involving gadolinium-based contrast agents.
  • Serve as national resolution counsel for a pharmaceutical company by providing strategic advice, overseeing the evaluation of hundreds of claims, and managing the day-to-day implementation of the client’s strategic goals, resulting in the successful resolution of hundreds of millions of dollars in potential claims.
  • Developed a novel argument for summary judgment in defense of an international pharmaceutical company in its medical device litigation. The trial court granted summary judgment, and in 2015 the Sixth Circuit affirmed.
  • Defended a pediatric dental practice group against over 250 claims of malpractice, resulting in a favorable settlement.

INSURANCE

  • Won summary judgment for a large national insurance company against breach of contract and bad faith claims following the rescission of a life insurance policy due to material misrepresentations in the application for insurance benefits. Jeremy also successfully defended the decision on appeal to the Tenth Circuit.
  • Won a defense jury verdict in New Mexico for a large national insurance company against underinsured motorist claims following a 2013 car accident. The jury found in the company’s favor in less than 30 minutes.
  • Obtained reversal of a trial court’s order finding a national insurance company’s internal claims processes were not confidential on appeal to the Colorado Court of Appeals.
  • Won a defense verdict for a large national insurance company in a bad faith jury trial in which the plaintiff claimed the company must pay for a special run of bricks in order to fully repair the plaintiff’s home. A 12-member jury unanimously rejected the plaintiff’s claims, agreeing that the company had acted in good faith. Jeremy also successfully defended the verdict on appeal to the Tenth Circuit.
  • Won a defense verdict for a large national insurance company against a claim of negligent misrepresentation for an allegedly underinsured property. After prevailing on eight claims on summary judgment, one claim was remanded for trial after an appeal. The company won on the final claim after a six-day jury trial in Boulder County.
  • Won a complete defense jury verdict for a large national insurance company in the first-ever bad faith trial challenging the company’s handling of claims for medical payments coverage claims.
  • Won a unanimous decision from the State of Colorado Multidistrict Litigation Panel defeating an effort to create a broad MDL for insurance bad faith cases that would have set a dangerous precedent in Colorado and other states. Successfully argued that the plaintiffs sought to incorrectly emphasize general claims handling guidelines over the individual claims decisions of each adjuster, and which could have been applied to any type of insurance coverage, not simply the cases at issue.
  • Successfully defended a large national insurance company in an insurance bad faith and breach of contract trial arising out of the devastating Waldo Canyon wildfire of 2012. The plaintiff voluntarily dismissed one claim the morning of trial, lost another claim, and was awarded just five figures on the third claim after having demanded more than $1 million.
  • Serve as consulting and monitoring counsel to a large national insurance company in bad faith lawsuits involving medical payments and PIP coverage nationwide.
  • Won a unanimous jury defense verdict in a three-week trial in Denver District Court for a large national insurance company. Defeated breach of contract and bad faith claims in connection with the company’s refusal to provide coverage for a roof on the plaintiffs’ property. The jury returned a complete defense verdict in less than one hour.

COMMERCIAL LITIGATION

  • Represent manufacturers in matters involving potential exposure for claims related to marketing various products and manufacturing processes.
  • Advise manufacturers, distributers, and suppliers in litigation arising out of contractual disputes regarding questions of liability.
  • Represented a commercial tenant in a lease dispute. After winning partial summary judgment, the case settled very favorably.
  • Developed a novel argument for summary judgment in a case of first impression in Colorado. The case, which involved ERISA disputes and contractual time limitations, reached a favorable resolution for the client while the motion was pending.
  • Represented a managing partner in a $5 million suit between law firm partners with respect to claims of fraud and mismanagement. After a two-week trial, client prevailed on fraud and mismanagement claims, and the Court ordered an accounting and liquidation of the firm.
  • Represented an oil and gas company in a breach of contract case concerning the purchase of oil and natural gas assets in Colorado.

OTHER REPRESENTATIVE EXPERIENCE

  • Successfully appealed a family law matter of first impression in Kansas state court for a pro bono client.

Presentations and Publications

  • “Defending Against Reptile Theory in Depositions,” presented to in-house counsel and adjusters at a large national insurance company (September 12, 2018)
  • “The Fourth Amendment and Remote Searches: Balancing the Protection of ‘The People’ With the Remote Investigation of Internet Crimes,” Notes, 19 Notre Dame J.L. Ethics & Pub. Pol’y 358 (2005)
  • “Company Stocks can be an Improper Investment for Employee Investment Programs,” Kansas Employment Law Letter, Vol. 11, No. 5 (August 2004)

Community Involvement

  • Open Door Ministries, Board of Directors, Treasurer

Memberships

  • Claims & Litigation Management Alliance, Insurance Fraud Committee
  • Colorado Bar Association, Board of Governors, 2014-2019
  • Colorado Bar Foundation, Fellow
  • Colorado Judicial Institute
  • Defense Research Institute
  • Denver Bar Association

Distinctions

  • The Best Lawyers in America®
    • Insurance Litigation, 2018-2021
  • Colorado Super Lawyers® Rising Stars
    • Insurance Coverage, 2018-2020
    • Class Action, 2016-2017
    • Business Litigation, 2014-2015
    • Personal Injury Defense: Products, 2012-2013
  • Benchmark Litigation
    • 40 & Under Hotlist, 2020
    • 40 & Under National Star, 2019

Contact Jeremy Moseley at 303.839.3741 or jmoseley@spencerfane.com.