RICO & Complex Litigation
Some litigation is fact-intensive—the law is clear and straightforward; the case hinges on which party has the most convincing account of what happened. Other litigation is law-intensive—the winner will be determined by whose counsel is more successful in arguing what the law requires in that case. In such cases, a victory at trial is likely to be appealed by the losing party to a three judge appellate panel.
With Colorado Appeals Lawyer’s experience in both litigation and appeals, we deliver appellate-quality argument at the trial level with an eye towards preserving issues for potential appeals. The trial system is set up so that one judge’s opinion on the law can decide the winner. If that judge’s decision compels you to seek the opinion of an appellate panel, make sure you have counsel who is prepared to argue your matter at every level.
In addressing complex litigation, Colorado Appeals Lawyer, Asa C. Garber represented an independent contractor who was fired for reporting discrimination he observed at his workplace. This involved a multi-week trial to determine the facts, and multiple appeals all the way to the Washington Supreme Court to address a nuanced legal argument about the applicability of retaliation protections to independent contractors. Asa’s client’s case then hinged, not on whether he was fired for reporting discrimination, but on how the courts interpreted a few words in a law. After repeated successes, the independent contractor ultimately collected years’ worth of past and future salary for being illegally fired.
The foundation of Asa’s RICO experience began as a law clerk. While clerking for a federal judge, Asa assisted in handling a major RICO case involving allegations of immigration law violations and fraud against a major U.S. company. This led to a clerkship with a second federal judge, where Asa assisted on a RICO case alleging a multi-state conspiracy involving fraud, extortion, and other crimes, resulting in a small group of people overtaking an entire, multi-state business.
This experience provided Asa a behind-the-bench view of how RICO cases operate, pitfalls that counsel fall into in bringing or defending against RICO claims, and how judges view and approach RICO claims.
Asa uses this experience to represent his clients in RICO matters, whether that is seeking to secure an early dismissal due to factual or legal insufficiencies in the allegations against his client, or fighting those allegations every step of the way—from motion practice to trial and onto appeal.