Secured a favorable resolution in 2021 for Denver Employees Retirement Plan in a dispute with more than 30 retirees who were inadvertently overpaid. After the plan moved to recoup the overpaid funds and adjust future benefits, the retirees filed claims of over $20 million. Caleb defeated two temporary restraining orders and negotiated favorable settlements with all the retirees.
Prevailed on summary judgment for the Colorado Public Employees’ Retirement Association (PERA) against a constitutional challenge to the Colorado General Assembly’s modification of retiree pension benefits when necessary to preserve the financial viability of public pension funds. As one of the first cases to address pension reform through modification of retiree benefits it has garnered nationwide attention. The Court of Appeals affirmed in part and reversed in part. The Supreme Court granted certiorari and found for PERA, reversing the Court of Appeals and reinstating the trial court’s order. Justus v. State, 336 P.3d 202 (Colo. 2014); Justus v. State, 337 P.3d 1219 (Colo. App. 2012); Justus v. State, No. 2010-CV-1589 (Denver County, CO 2011).
Prevailed on behalf of PERA on summary judgment in a $190 million dispute with the City of Colorado Springs and Memorial Hospital Authority. In February 2014, the trial court ruled that Memorial must comply with statutory mandates to leave PERA and must pay its withdrawal liability to fund the future benefits of its retirees and employees. In October 2014, the City and Memorial Hospital agreed to settle the case by paying $190 million to PERA.
Secured a favorable resolution for PERA in a dispute involving the termination of affiliation from PERA of a district health agency which had been placed in a receivership. In January 2024, the receiver agreed to settle the case by paying over $26 million to PERA.
Represent PERA in multiple disability denial and benefit cases in administrative proceedings and in court. This includes prevailing on behalf of PERA in the Colorado Court of Appeals in multiple benefit dispute litigations.
Represent PERA in ongoing litigation regarding the treatment of outsourced public workers by a public pension plan.
Represent other public pension plans in Colorado at administrative hearings and in state and federal court on benefit and disability disputes.
Provide non-litigation strategic advice to public pension plans in Colorado and other states.
Health Care
Assist behavioral health centers and residential treatment centers with more than 100 children and adults who have been abandoned at their facilities. These are complicated cases and each one is different. Caleb has had to file court proceedings, intervene in proceedings, and creatively work with key stakeholders and decision makers to achieve results. Cases have occurred in Colorado, Texas, New Mexico, California, Washington, Oregon, Georgia, Ohio, North Carolina, South Carolina, Virginia, Nevada, Louisiana, Florida, Mississippi, Michigan, Pennsylvania, Indiana, Missouri, Kentucky and Oklahoma, among other states.
Represent a safety net ambulatory clinic with litigation, risk management, and contractual matters.
Sports Law
Represented a professional sports franchise in proceedings before the California Workers’ Compensation Appeals Board, trying a case involving insurance coverage.
Represented a sports league executive in a complaint before a national governing body’s specially-appointed subcommittee, securing a favorable result from the subcommittee.
Reached a successful resolution on behalf of the Denver Broncos Football Club in a dispute with former players to determine whether the current owner of the Denver Broncos football franchise is responsible for cumulative trauma claims brought by players employed by a prior owner. PDB Sports Ltd v. George Goeddeke, et al., No. 11-CV-8097 (Denver County, Colo. 2013).
Prevailed on a motion to dismiss on behalf of a professional football franchise in a case alleging constitutional claims occurring in the stadium parking lot.
Trade Secrets and Restrictive Covenants
Represented a bank before the Wyoming Supreme Court in the first case under the Uniform Trade Secrets Act in the state.
Successfully represented two corporate principals in a business dispute involving trade secrets, securing dismissal of all individual claims against his clients. The case was settled on favorable terms for Caleb’s clients. DTC Energy Grp., Inc. v. Hirschfeld et al., 420 F. Supp. 3d 1163 (D. Colo. 2019).
Prevailed in the Third Circuit of Appeals for AIG subsidiary VALIC that affirmed a significant damages award for VALIC against a former broker for breaching his non-competition covenant. VALIC Financial Advisors v. Gary Latuszewski, 393 Fed. Appx. 962 (3rd Cir. 2010).
Complex Commercial Litigation
Prevailed after a two-week trial on behalf of a landowner seeking specific performance by a local government of an intergovernmental agreement regarding sanitary sewer services for the landowner’s property. This complex case took six years to complete and included prevailing at the Colorado Court of Appeals to reverse a prior summary judgment ruling. The case was closely watched by the Colorado local government and land use communities. Big Sky Metro. Dist. No. 1 et al. v. Green Mountain Water & Sanitation Dist., 2021CA1507 (unpublished).
Served as national coordinating counsel for Lehman Brothers, prosecuting indemnification claims against loan originators, managing his own cases and coordinating a nationwide strategy across other law firms.
Represented a Colorado governmental entity in public racketeering cases against former employees and government contractors.
Successfully reversed class certification for a group of automobile dealerships in the Colorado Court of Appeals and Colorado Supreme Court. Garcia v. Medved Chevrolet, Inc., 263 P.3d 92 (Colo. 2011); Garcia v. Medved Chevrolet, Inc., 240 P.3d 371 (Colo. App. 2009).
Defended an insurance broker against claims for more than $100 million brought by a corporation alleging breach of contract, fraud, breach of fiduciary duty and conspiracy. The case was settled on favorable terms for Caleb’s client.
Pro Bono
As part of an ongoing, decade-long pro bono representation of pretrial detainees in Colorado’s jails who are suffering from untreated and often underdiagnosed mental health illnesses, Caleb successfully secured a summary judgment ruling. In 2018, he was part of the team that negotiated a consent decree in the same matter, including several innovative solutions to help build a streamlined, community-based mental health system. Colorado is now subject to a lengthy consent decree monitored by the federal court and overseen by court monitors. Center for Legal Advocacy/Disability Law Colorado v. Bicha, 2018 WL 5892669 (D. Colo. Nov. 9, 2018); 2018 WL 6620776 (D. Colo. Dec. 18, 2018); 2018 WL 6834597 (D. Colo. Dec 28, 2018). In recognition of this matter, Caleb and his team have three times been honored by the Colorado Lawyers’ Committee with either a Special Recognition Award (2013) or Team of the Year Award (2017 and 2019).
Served twice as special counsel for the Public Defenders Office.
Worked with a team of private lawyers and the Public Defenders Office to secure systemic reform of bond-setting practices and access to counsel for the indigent in Denver County Court.
