Lead Trial Counsel in Dispute Over the Ownership of the Denver Broncos — Dan Reilly served as lead trial counsel in a dispute over the ownership of the Denver Broncos. In 1984, Edgar Kaiser sold his share of the Denver Broncos Football Club to our client Pat Bowlen – retaining “right of first refusal” on any future sale of a portion of the team. Fifteen years later, after Bowlen had offered a stake in the club to former Broncos quarterback, John Elway, Kaiser sued Bowlen for breach of contract in both federal and state courts. The federal case progressed to the U.S. Court of Appeals for the Tenth Circuit, where our client won. In the related state district court, summary judgment was granted in favor of our client. The Colorado Court of Appeals affirmed the district court’s ruling, the Colorado Supreme Court denied certiorari—and our client maintained control of the NFL franchise.
Lead Counsel in Plaintiff's Trademark Infrigement Case Against H.J. Heinz — Dan headed a plaintiff’s jury trial team which obtained a multi-million dollar trademark infringement judgment in Colorado federal court against H.J. Heinz.
Senior Counsel in Representation of Lehman Brothers Holdings Inc. — Reilly Pozner has been approved by the Lehman Brothers bankruptcy court to act as Lehman’s national coordinating and lead trial counsel in prosecuting claims against mortgage loan originators that sold Lehman defective loans. Dan is senior counsel on the firm’s team in this representation—involving more than 100 cases in 26 states.
$391 Million Jury Verdict Against PNC Bank — In 2009, Reilly Pozner began representing multiple plaintiffs in highly complex litigation against several bank trustees and numerous other defendants, leading to significant recoveries through settlements and a jury verdict of $391 million against PNC Bank. The litigation arose out of a multi-state fraud scheme involving National Prearranged Services, Inc. (a Missouri-based preneed funeral contracts seller) and its two related insurance companies domiciled in Texas. RP was retained by 35 state life and health insurance guaranty associations, NOLHGA, and the Texas Special Deputy Receiver to seek recoveries from over 40 defendants, including multiple bank trustees, an accounting firm, and the former officers and directors of NPS and the insurance companies. Plaintiffs’ claims included negligence and breach of fiduciary duty against the bank trustees for allowing the preneed trust funds to be looted, accounting malpractice, and RICO (Racketeer Influenced and Corrupt Organizations Act) claims against the former officers and directors. RP negotiated settlements with most defendants before trial, resulting in large recoveries for the clients. A five-week trial was held in federal court in Missouri in early 2015, where RP attorneys secured a jury verdict of $391 million (including a punitive damages award) against PNC Bank.
Trial Counsel to AIG and its Insurance and Broker-Dealer Subsidiaries in Objection to $8.5 Billion Settlement of RMBS Claims — Dan is trial counsel to AIG and its insurance and broker-dealer subsidiaries in structured finance, intellectual property, and unfair competition litigation, and in arbitration proceedings before the Financial Industry Regulatory Authority. This representation includes protecting the rights of AIG as a certificate holder in connection with a proposed $8.5 billion settlement of RMBS claims against Bank of America, currently in litigation in New York Supreme Court in Manhattan.
Won Five Year Battle Against Class Certification — A group of automobile dealerships were facing a purported class action claiming that new cars were equipped in violation of the Colorado Consumer Protection Act and hired Reilly Pozner to defend its interests. After winning landmark reversals at the Colorado Court of Appeals and Supreme Court of the trial court’s initial approval of class treatment, RP team members were called on once again to defend against Plaintiffs’ renewed attempt at certification of two different proposed consumer classes. This five year battle for class certification recently culminated in an extensive four-day evidentiary hearing. Agreeing with Reilly Pozner and its client that individual examinations of each car purchase file were necessary and class wide inferences could not be made, the Jefferson County District Court (Tidball, J.) denied Plaintiffs’ Second Motion for Class Certification on Rule 23 superiority and predominance grounds