Michael P. Zwiebel has practiced law since 1984 and specializes in appellate litigation. He has briefed and argued dozens of cases involving issues in criminal, civil and domestic law before the Tenth Circuit Court of Appeals, Colorado Supreme Court and Colorado Court of Appeals. Mr. Zwiebel graduated with honors from Boalt Hall School of Law at the University of California, Berkeley, in 1984. After clerking for Justice Jean Dubofsky of the Colorado Supreme Court in 1984-85, Mr. Zwiebel practiced as a trial attorney until 2000, when he began specializing in appellate law. In addition to his appellate experience, Mr. Zwiebel has tried over 100 jury trials, and thus brings a deep knowledge of trial practice to his appellate practice.Mr. Zwiebel has been named an AV Preeminent attorney*, a designation that results from peer review by judges and attorneys, and which recognizes the outstanding practice of law and high ethical standards of an attorney.
*AV Preeminent is a certification mark of Reed Elsevier Properties, Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Accident & Injury Medical Specialists v. Mintz, 279 P.3d 658 (Colo. 2012) — The plaintiff physicians won a verdict against attorney Mintz based upon breach of fiduciary duty. Represented by Zwiebel, Mintz succeeded in overturning the verdict. As a matter of first impression, the Colorado Supreme Court held that attorneys do not owe fiduciary duties to third parties who claim in interest in funds held in the attorney's client accounts.
Klen v. City of Loveland, 661 F.3d 498 (10th Cir. 2011) — In this civil rights action, plaintiffs sued the City of Loveland, alleging violations of their First Amendment, Fourth Amendment and due process rights. The district court granted summary judgment in favor of the city, and plaintiffs appealed, represented by Zwiebel. The Tenth Circuit reversed summary judgment, and in so doing clarified the requirements for a First Amendment retaliation claim by a private citizen, due process claims based on the use of false evidence, and Fourth Amendment civil claims.
Aloi v. Union Pacific Railroad, 129 P.3d 999 (Colo. 2006) — Represented by Zwiebel and Jean Dubofsky, plaintiff successfully won reinstatement of a $6 million personal injury verdict in his favor. In ruling in plaintiff’s favor, the Colorado Supreme Court addressed, as a matter of first impression, the legal principles governing the use of adverse inference instructions based upon spoliation of evidence.