Brian K. Matise - Burg Simpson Eldredge Hersh & Jardine, P.C.

Brian K. Matise

Listed in Best Lawyers since 2013
Phone: 303-792-5595

Mr. Matise’s legal experience includes all aspects of general civil practice with an emphasis on complex commercial litigation, mass tort product liability litigation, special district and homeowner association law, and insurance coverage litigation. Mr. Matise has successfully tried over a dozen cases to a jury verdict or judgment, and obtained several million dollars in settlements for clients.

Mr. Matise has represented special districts and homeowners associations both as general counsel and in litigation against developers. Mr. Matise obtained a jury verdict and judgment against the former developer and President of two Colorado metropolitan districts, invalidating several million dollars of contracts and a personal liability judgment against the developer. The judgment was upheld on appeal, which Mr. Matise argued. Mr. Matise also successfully brought a quo warranto action on behalf of approximately 50 homeowners to replace an illegal Board of Directors of a metropolitan district with residents lawfully appointed by the Elbert County Board of County Commissioners. Mr. Matise was successful in that action despite the refusal of the 18th Judicial District Attorney’s office to bring the action.

Mr. Matise was appointed by the U.S. District Court for the District of Colorado to serve as plaintiffs’ liaison counsel in class action securities litigation related to the Madoff scandal. Mr. Matise also served as plaintiffs’ co-liaison counsel in Qwest securities class action litigation. Mr. Matise has also obtained recovery for numerous investors that have been defrauded in ponzi schemes and related securities scandals, including the Sunwest Management securities action and the National Consumer Mortgage ponzi scheme.

Mr. Matise has represented condominium associations and homeowners in protracted litigation against developers and affiliated construction entities, obtaining turnover of common elements and recovery for construction defects. Mr. Matise has also represented candidates for homeowner association boards in successful proxy contests against recalcitrant incumbent boards, ousting the former board members.

Mr. Matise has represented small businesses engaged in virtually all areas of litigation, including defending against preliminary injunctions, challenging anti-compete clauses, both bringing and defending against actions by minority shareholders in “small business divorces,” and representing small businesses in challenging government agency actions.

In 2011, Mr. Matise successfully represented a homeowners’ association in defending against trespass and related easement claims that threatened the HOA’s access and common elements. Mr. Matise tried the case to a jury verdict in favor of his client. Mr. Matise has also represented homeowner associations, metropolitan districts, and commercial clients in negotiating and closing complex real estate and easement transactions.

In the area of mass tort product liability litigation, Mr. Matise has participated in pharmaceutical product liability multidistrict litigation, including briefing key Daubert motions for the Plaintiffs’ Steering Committee in the In re: Gadolinium-Based Contrast Agent Product Liability Litigation, MDL 1909, and briefing several issues in the In re: Yasmin and Yaz litigation, MDL 2100.

Mr. Matise also has represented several plaintiffs in catastrophic personal injury and property damage litigation arising out of gas explosions and oilfield accidents.

Mr. Matise has briefed and argued approximately a dozen appeals before the Tenth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

Mr. Matise has also represented numerous employees in successful Title VII disparate treatment, sexual harassment, ADA, and ADEA employment litigation. In one ADA action, Mr. Matise obtained a settlement with the Nineteenth Judicial District.

Mr. Matise is a volunteer public elected official, serving as a board member, secretary-treasurer and past president of the Tollgate Crossing Metropolitan District No. 2. In 2006, the voters of that district elected Mr. Matise as the first homeowner to serve on the Board of Directors in a contested election, defeating an incumbent director that had been appointed by the developer. Mr. Matise has served on the board since then, overseeing the successful transition from developer control to homeowner control.

Mr. Matise is admitted to practice in the states of Colorado and New Mexico, as well as the Tenth Circuit Court of Appeals, Ninth Circuit Court of Appeals, and United States District Courts for the Districts of Colorado, New Mexico, Eastern District of Wisconsin.

Prior to joining Burg Simpson in 2004, Mr. Matise was involved in commercial trial work, civil rights litigation involving governmental entities, commercial/product defect litigation, and employment law. Mr. Matise served as the judicial law clerk for Hon. John Edwards Conway, Chief District Judge for the District of New Mexico, and United States Magistrate Judge Leslie C. Smith.

Additional Information

Areas of Concentration

* Mass tort pharmaceutical product liability litigation (Plaintiff)

* Catastrophic personal injury litigation, including gas explosions and oilfield injuries

* Complex commercial litigation

* Representing special districts and homeowner associations

Practice Areas

Commercial Litigation

Dangerous Drugs & Medical Devices, Defective Products and Diseases

Gas Explosion Litigation

Personal Injury

Product Liability

Homeowners Association Law


Special District Law

University of RedlandsBS 1980University of New MexicoJ.D. 1998
Colorado Bar Association Arapahoe County Bar Association Denver Bar AssociationState Bar of New MexicoMontana State Bar Association Phi Alpha Delta

Case History

In re: Yaz/Yasmin Product Liability Litigation — Actively participated in several Plaintiffs' Steering Committee projects in one of the largest pharmaceutical mass tort MDL in the nation. Served on briefing committee, briefing key motions. Our efforts resulted in successful resolution of thousands of cases, with settlement value in excess of $1 billion.
In re: Gadolinium-based Contrast Agents Product Liability Litigation — Active participant in Plaintiffs' steering committee projects in mass tort pharmaceutical products liability matter. Took and defended numerous depositions for PSC, both generic discovery and bellwether cases. Participated in key briefing issues, including Daubert motions, motions for partial summary judgment, and motions in limine.
Landmark Towers Association v Marin Metropolitan District — Lead attorney on complex commercial litigation involving over $17.5 million in bonded indebtedness and taxes imposed on a large high rise condominium project. Resulted in judgment in favor of condominium association, invalidating more than $1 million per year in tax assessments, together with a refund of more than $1 million of past taxes, costs, and attorney fees.

Office Location

40 Inverness Drive East
Englewood, CO 80112
United States

Lawyer of the Year Awards

2016 Lawyer of the Year in Mass Tort Litigation / Class Actions - Plaintiffs of the Denver Metro Area
Brian K. Matise has earned a Lawyer of the Year award for 2016!

Practice Areas

Mass Tort Litigation / Class Actions - Plaintiffs
Product Liability Litigation - Plaintiffs

Other Information

Gender: Male