Dart Winkler represents clients in complex contract litigation and fiduciary responsibility cases, as well as cases involving insurance, construction, real property, banking and creditors’ rights, derivative shareholder suits, employment law, and injunctive relief. Mr. Winkler also counsels financial institutions and other partners in credit and collections matters, dishonest business practices, lender liability, depository agreements, discriminatory and predatory lending, wrongful foreclosures, and problem loan workouts.
Mr. Winkler litigates to defend insurance providers against policyholder claims, to protect and assert terms of real property contracts, and to protect the rights of homeowners with regard to enforcement of covenants, assessments, insurance, and contracts. He often collaborates with construction attorneys to resolve disputes on behalf of owners, contractors and suppliers in construction claims related to bad faith, breach of contract, defects, insurance, liability, liens, and property damage caused by design and other defects. Mr. Winkler also represents policy holders in claims against insurance carriers, including disputes based on catastrophic losses. His experience working for both sides on insurance-related disputes provides insight others may lack, leading to an objective review of the facts and related policy language.
Mr. Winkler is experienced in all facets of discovery and case management including depositions, client negotiations, and drafting of case documentation, memoranda, and motions. He collaborates with clients to develop and enact best business practices, and is also experienced in jury trials, arbitration, mediation, and administrative proceedings when conflicts should arise.
In appropriate cases, Mr. Winkler works with clients and opposing parties to attempt to resolve disputes through means alternative to litigation. Clients often find that alternative dispute resolution is best approached with a clear understanding about the strengths and weaknesses of their case, and a willingness to continue with litigation in the event the discussions end without resolving the dispute. Mr. Winkler helps guide clients through that process.
Mr. Winkler helps breweries and distilleries with a wide range of business and legal issues likely to arise in this continuously developing market. In addition to attending and participating in legal courses on brewery and distillery law relating to common issues, he has consulted with other professionals in the industry, including banking and marketing specialists that focus on these growing and developing businesses. He has turned a social pastime into a professional mainstay.
The fact that Mr. Winkler is licensed in Colorado and California (as well as various other federal courts) assists many clients without needing to engage different counsel for suits across the country. Familiarity with the law and procedures in these jurisdictions facilitates a more comprehensive approach to legal representation. He is also available to work with other attorneys as local counsel in locations throughout Colorado and California.
- Foster v. The Board of Governors of the Colorado State University System, by and on behalf of Colorado State University, 342 P.3d 497 (Colo. App.2014) Successfully dismissed multiple lawsuits under CGIA, including oral arguments to Colorado Court of Appeals and briefing to defeat opposing party Petition for Certiorari to Colorado Supreme Court. The opinion can also be viewed here.
- Factory Mut. Ins. Co. v. Nebraska Beef, Inc., et al. (No. 8:09CV159) – 2010 WL 338042 and 2009 WL 2886316, D. Neb.
- Virtual Cloud Servs., Inc. v. CH2M Hill, Inc., et al. (Civil Action No. 02-cv-01004-JLK-BNB) – 2007 WL 2422144, 2007 WL 1830451 and 2007 WL 678722, D. Colo.
- Worked with multi-cultural marketing client against large retailer regarding contract, discrimination and wrongful termination claims.
- Caver v. Sittner, 2009CV70 – Real estate dispute tried to a jury in La Plata County, Colorado, prevailing on claims based on contract and statutory violations. Jury verdict also helped prompt settlement agreement between same parties covering litigation on other disputed matters.
- Successfully completed breach of contract arbitration for corporate construction client, including opening statement, examination of all witnesses and closing argument.
- Assisted on plaintiff’s case, including witness examination in four-week trial to jury, asserting theft of trade secrets and breach of contract in Federal court.
- Lender litigation including: experience of seven-week trial defending national lender against wrongful foreclosure and related claims; argued demurrers in California court for case resulting from 2003 Wildfires, resulting in global settlement with multiple defendants for defendant with security protected by force-placed insurance; and settled purported $1.4 million Fair Credit Reporting Act claims for national lender.
- Assisted with defense of derivative lawsuit against corporation’s directors and a predecessor corporation. Worked with counsel for Special Litigation Committee on matters including discovery, settlement positions and case management – resulting in walk-away settlement.
- Drafted Arbitration Demand, motions including successful response and opposition to summary judgment motion and depositions and examinations of witnesses for breach of an exclusive Original Equipment Manufacturing (OEM) Agreement.
- Conducted research and composed legal memoranda, discussing public services doctrine and other legal theories, for lead paint action against metropolitan city
- Negotiated settlement of employment dispute for corporate employer in Federal Court.
- Winkler D., Snow N., Bailment Claims Under the Colorado Government Immunity Act and the Economic Loss Doctrine, The Colorado Lawyer, September 2015 Vol. 44, No. 9 Page 37
Community Service Organizations:
- Denver Kids, Inc. Mentor and Board Member
- National Brain Tumor Society volunteer
- Habitat for Humanity volunteer
- Denver Public Schools Volunteer
- Five Points Media Center Board Member
Licensed to practice law in the following courts:
- State of Colorado
- State of California
- U.S. District Court, District of Colorado
- U.S. District Court, District of Nebraska
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Northern, Southern, and Eastern Districts of California
- 10th Circuit Court of Appeals
- The George Washington University, Bachelor of Arts.
- University of Colorado School of Law, Juris Doctor.