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Melichar and Koehler Secure Defense Verdict in Legal Malpractice Action

June 13, 2022

Jason Melichar (Partner-Denver, CO) and Kim Koehler (Of Counsel-Denver, CO) obtained a complete defense verdict in Denver District Court in a legal malpractice action brought by a credit repair company and its owner against Wilson Elser’s law firm client. In the action, the plaintiffs’ claimed that the law firm negligently provided legal advice in relation to their business practices and, as a result, the Federal Trade Commission (FTC) initiated a complaint for permanent injunction and penalty totaling $6.6 million. The plaintiffs ultimately settled the FTC action by stipulation and brought claims for professional malpractice and negligent misrepresentation against the firm’s client.  Initially, the plaintiffs’ claimed damages in excess of $1 million. At the time of trial, the plaintiffs’ claimed approximately $450,000 in damages and summarily rejected Jason and Kim’s settlement offer in the amount of $87,500 without response. After a week-long trial, the jury returned a unanimous verdict in favor of the firm’s client. As the prevailing party, Jason and Kim will be seeking an award for significant costs incurred in defending against the action.

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