Brian K. Matise - Lawyer in Englewood, CO

Mr. Matise's legal experience includes all aspects of complex commercial litigation, mass tort product liability litigation, special district and homeowner association law, and general civil practice with an emphasis on insurance litigation. Mr. Matise has tried more than a dozen cases on jury verdicts and verdicts and got millions of dollars in settlements for clients.

As a general counsel, Mr. Matisse has represented special districts and homeowners' associations in both lawsuits against developers. Mr. Matise obtained jury verdicts and rulings against the former developer and president of two metropolitan areas of Colorado, invalidating the judgment of millions of dollars in contracts and personal liability against the developer. The ruling was upheld by an appeal filed by Mr. Matise. Mr. Matise also took the Quo-warrants action to replace the illegal board of directors of the metropolitan area with residents legally appointed by the Elbert County Commission, representing about 50 homeowners. Mr. Matise succeeded in that action, despite the refusal of the 18th Judicial District Attorney's Office to take action.

Mr. Matise was appointed by the Colorado District Court as the Plaintiff's liaison attorney in a class action securities lawsuit related to the Madoff scandal. Mr. Matise also served as the plaintiff's co-liaison attorney in the Qwest Securities class action. Mr. Matise has gained the recovery of a number of investors who have been defrauded in ponzi schemes and related securities scandals, including Sunwest Management securities action and the National Consumer Mortgage ponzi scheme.

Mr. Matisse, on behalf of the Condominium Association and the homeowner, has gained a common element turnover and recovery of construction defects in a long-running lawsuit against developers and related construction entities. Mr. Matise also held a successful proxy contest against a defiant incumbent board on behalf of a candidate for the Board of the Homeowners Association, expelling former Board members.

Mr. Matise represents small businesses engaged in virtually all areas of litigation, including defense against preliminary injunctions, challenging anti-competitive clauses, bringing in and defending against minority shareholder behavior in «small business divorce», and challenging small business representatives against government agency behavior.

In 2011, Mr. Matise represented the Homeowners Association in defense against trespassing and related easement claims that threaten HOA access and common elements. Mr. Matise tried the case to the jury's verdict in favor of his client. Mr. Matisse also represented homeowners associations, metropolitan areas 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 multi-district litigation, including In re: Gadolinium-based contrast agent product liability litigation, briefing major Daubert motions for the Plaintiff's steering committee in MDL1909, In re: Yasmin and Yaz litigation, and briefing several issues in MDL2100.

Mr. Matise also represents several plaintiffs in catastrophic personal injury and property damage lawsuits stemming from gas explosions and oil field accidents.

Matise has described and argued about a dozen appeals before the Tenth Circuit Court of Appeal, the Ninth Circuit Court of Appeal, the Colorado Supreme Court, and the Colorado Court of Appeal.

Mr. Matise has also represented a number of employees who have succeeded in Title VII dissimilar treatment, sexual harassment, ADA, and ADEA employment lawsuits. In one case, Matise reached a settlement with the nineteenth District of Justice.

Mr. Matisse is a publicly elected official of volunteers, Board member, Secretary and Treasurer, Tollgate Crossing Metropolitan District No.2 former president. In 2006, voters in that district elected Mr. Matise as the first homeowner to serve on the board in a contested election, defeating incumbent directors who had been appointed by the developer. Since then, Mr. Matise has served as a director and oversees the successful transition from developer management to homeowner management.

Mr. Matise is recognized for practice in Colorado and New Mexico, as well as in the Tenth Circuit Court of Appeals, Ninth Circuit Court of Appeals, and U.S. District Courts in Colorado, New Mexico, and the Eastern District of Wisconsin.

Prior to joining Burg Simpson in 2004, he was involved in commercial litigation, civil rights litigation involving government agencies, commercial/product defect litigation, and employment law. Matise served as the judicial clerk to John Edwards Conway, the District Attorney of New Mexico, and U.S. Judge Leslie C. Smith.