Colt B. Dodrill Of Counsel

     

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Colt Dodrill has significant litigation, trial and appellate experience in Arizona and Nevada, including three arguments before the Ninth Circuit Court of Appeals. He has successfully handled civil jury trials in state court and won countless motions for summary judgment in state and federal courts. 

Prior to joining Wilson Elser, Colt was senior counsel at a regional firm, managing its Arizona office for nine years and routinely handling cases large and small within a variety of practice areas. He handled complex litigation following the 2008 housing crisis representing various lenders and loan services in the In re Mortg. Elec. Registration Sys. multidistrict litigation and various class actions, as well as numerous individual actions filed by homeowners. Colt also represented the interests of numerous mortgage lenders, loan servicers and government-sponsored enterprises in hundreds of cases following homeowners associations’ foreclosures of delinquent assessment liens resulting in numerous favorable rulings, including a published decision from the Nevada Supreme Court. Colt augmented his banking practice with a variety of general liability cases, including wrongful death, catastrophic personal injury, slip and falls, and commercial trucking liability matters. 

During law school, Colt drafted “Dicta,” the official publication of the law school under the auspices of the Student Bar Association, earning him a Dean’s Award for Outstanding Service. He second summered at the U.S. Attorney’s Office, where he gained invaluable first-hand courtroom experience arguing cases before federal judges and drafting several Ninth Circuit appellate briefs. 

Colt’s contribution to the practice continues as a member of the faculty at Esquire CLE, which hosts his hour-long presentation on the art and science of hourly billing entries. Additional presentations are under development.

Areas of Focus

General Liability
Colt has extensive experience defending businesses of all sizes from various types of claims, and attends mediations, settlement conferences and arbitrations on behalf of insureds, insurance companies and self-insured entities. Colt represents commercial and personal line insureds in wrongful death, automobile accident, slip and falls, and other premises liability cases. Colt advises clients on settlement strategies, risk assessment and steps to avoid future claims. Working with experts in numerous fields, including the practice of medicine, applied physics and general safety, Colt understands both the needs of insureds and the thought processes of opposing counsel. Whether the extensive research is factual or legal in nature, Colt does whatever it takes to find the proverbial smoking gun that may serve as either a basis for summary judgment or the catalyst to drive settlement. 

Mortgage Banking
Colt’s representation of mortgage lenders, servicers and government-sponsored enterprises found him on both sides of the “v.” Initially defending against foreclosure avoidance lawsuits filed by distressed homeowners, Colt later prosecuted claims against predatory investors purchasing properties sold by homeowner’s associations. Colt also has successfully tendered title claims, defended adverse claims to title, and represented loan servicers in eminent domain (condemnation) and civil asset forfeiture proceedings. Colt’s mortgage practice extended to judicial foreclosures and obtaining reliefs from bankruptcy stays. In addition, Colt successfully defended borrower claims brought under the Truth in Lending Act (TILA), Real Estate Practices Settlement Act (RESPA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA) and Telephone Consumer Protection Act (TCPA). 

Intellectual Property
Colt’s intellectual property experience ranges from Digital Millennium Copyright Act (DMCA) take-down requests to trademark and patent defense.

Representative Matters

Obtained summary judgment in favor of mortgage loan servicer and against subsequent purchaser on issue of first impression that a homeowner’s association foreclosure of a delinquent assessment lien held in violation of the automatic bankruptcy stay is void under state law. Successfully argued appeal before Nevada Supreme Court resulting in published decision. 

Obtained summary judgment in favor of mortgage lender in plaintiffs’ fraud, breach of contract and negligence claims for receiving a three-year adjustable rate mortgage (ARM) instead of alleged promised seven-year ARM by establishing plaintiffs had no legally cognizable damages because their interest rate decreased. Successfully defended plaintiffs’ appeal, including oral argument before the Ninth Circuit Court of Appeals. 

Obtained dismissal of borrower’s amended complaint by establishing that the Truth in Lending Act (TILA) in effect prior to Dodd-Frank Amendments did not require the loan servicer to disclose the owner of the note. Affirmed on appeal by Ninth Circuit Court of Appeals. 

Successfully defended appeal to Ninth Circuit Court of Appeals of summary judgment holding that mortgage loan servicer owed the plaintiff no obligation to modify her loan. 

Obtained judgment as a matter of law in favor of a casino at the close of plaintiff’s case-in-chief in a catastrophic personal injury trial by establishing that the casino employee’s alleged conduct was not in the course and scope of their employment. Plaintiff had alleged in amended pleadings that post-injury treatment resulted in her quadriplegia. By successfully trifurcating the trial into liability, damages and punitive damages stages, prevented the jury from ever receiving evidence of plaintiff’s alleged injuries. 

Obtained summary judgment in favor of governmental entity in flood case by establishing that downstream landowner was not third-party beneficiary of county’s indemnity agreement with upstream landowner. Affirmed on appeal. 

Obtained partial summary judgment on a punitive damages claim against parents of a child alleged to have shot another child with a pebble from a slingshot. 

Obtained dismissal of a property owner’s claim against a title insurance carrier following an alleged forged conveyance to the carrier’s insured. 

Obtained summary judgment in favor of mortgage servicer and government-sponsored enterprise against borrower who claimed new mortgage servicer did not hold the note. Summary judgment included counterclaim for judicial foreclosure against borrower. 

Successfully negotiated and obtained favorable settlement at mediation in plaintiff’s negligence, strict liability and premises liability claims against gun show promoter following accidental shooting. 

Successfully negotiated and obtained court-approved settlement in wrongful death claims against apartment owner following alleged heat stroke due to purportedly inoperable air conditioner. 

Successfully negotiated and obtained favorable settlement at judicial settlement conference in wrongful death claim against commercial driver by establishing that decedent bicyclist was at least comparatively negligent by riding through intersection in bicycle lane to the right of right-turning vehicles. 

Successfully issued DMCA takedown request causing webhosting service to remove competitor’s website infringing on client’s intellectual property.