Michael B. Carroll
Member
Phone: 303.299.8474
Fax: 303.298.0940
Legal Secretary
Linda Erickson
303.299.8405
Areas of Emphasis
Business & Corporate
Litigation, Trials & Appeals
Education
- Juris Doctor, Duke University School of Law, 1989
- Order of the Coif
- Project Editor, Law and Contemporary Problems
- Bachelor of Arts in Economics and German, summa cum laude, University of Notre Dame, 1986
- Phi Beta Kappa
Michael Carroll is a Member in the Litigation Department. Mike has over 20 years of experience representing clients in commercial disputes in Colorado’s state and federal courts, other federal courts around the country, and in various forms of arbitration and mediation proceedings. Mike has particular experience in defending class actions, representing companies in cases involving employee or retiree claims for welfare benefits under ERISA, handling lawsuits brought under the federal False Claims Act, and working for both buyers and sellers in disputes arising from the purchase and sale of real estate.
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Representative Matters
- Fager v. CenturyLink Communications, LLC, 854 F.3d 1167 (10th Cir. 2016) (successfully obtained federal district court approval of a state-wide class action settlement in New Mexico, and then successfully defended against an objector’s appeal to the Tenth Circuit seeking to reverse that settlement approval)
- Chimney Rock Public Power District, et al. v. Tri-State Generation and Transmission Association, Inc., 2012 WL 84572 (D. Colo. Jan. 11, 2012) and 2014 WL 788057 (D. Colo. Feb. 27, 2014) (represented defendant Tri-State in breach of contract action alleging more than $80 million in damages; obtained dismissal or summary judgment in favor of Tri-State on certain claims, and obtained jury verdict in favor of Tri-State on all remaining claims)
- Regan v. Qwest Communications International, Inc., No. 2:01-766-WBS-KJM, 2010 WL 3941471 (E.D. Cal. Oct. 5, 2010) (successfully defeated motion for certification of a state-wide class of thousands of landowners in putative class action)
- DMA v. Qwest Communications International Inc., 585 F.3d 1341 (10th Cir. 2009) (successfully represented Qwest in appeal of arbitration award)
- Kerber v. Qwest Group Life Insurance Plan, 647 F.3d 950 (10th Cir. 2011), 727 F. Supp. 2d 1076 (D. Colo. 2010), 656 F. Supp. 2d 1279 (D. Colo. 2009) and 544 F. Supp. 2d 1187 (D. Colo. 2008) (represented Qwest against ERISA claims asserted in class action litigation relating to a life insurance benefit available to Qwest employees and retirees; district court dismissed all claims against Qwest on motions to dismiss and for summary judgment and Tenth Circuit affirmed)
- Van Zanen v. Qwest Wireless, L.L.C., 550 F. Supp. 2d 1261 (D. Colo. 2007), aff’d, 522 F.3d 1127 (10th Cir. 2008) (represented Qwest against claims relating to wireless handset insurance in class action litigation; Qwest’s motion to dismiss granted and affirmed on appeal)
- Rathbun v. Qwest Communications International Inc., 458 F. Supp. 2d 1238 (D. Colo. 2006) (represented Qwest against ERISA claims asserted in class action litigation relating to a “telephone concession” benefit available to Qwest employee and retirees; motion for class certification denied and summary judgment on all claims entered in Qwest’s favor)
- Barnard Construction Company v. City of Boulder, Case No. 05-CV-333, District Court, Boulder County, Colorado (represented City of Boulder in litigation relating to noncompliance of $18 million raw water pipeline with the City’s weld quality specifications)
- Colvin v. Qwest Communications, Case No. 04-CV-39, District Court, Otero County, Colorado (represented Qwest against claims for certain telephone service asserted in class action litigation)
- United States ex rel. Stone v. Rockwell International, 282 F.3d 787 (10th Cir. 2002) and 549 U.S. 457 (2007) (represented Rockwell, the former government contractor at the Rocky Flats plant, in False Claims Act litigation)
- Cornerstone v. Repplinger, et al., Case No. 00-CV-01213, District Court, City and County of Denver, Colorado (represented large Denver law firm against professional liability claims)
- Fischer Imaging Corporation v. Lorad Corporation, 148 F.R.D. 273 (D. Colo. 1993) (represented alleged infringer against patent infringement claims)
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Publications and Presentations
- Presenter, The Proposed 2015 Amendments to the Federal Rules of Civil Procedure, Sherman & Howard Electronically Stored Information Presentation, August 2015.