Sarah Smyth O'Brien
Associate

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Education:

University of Denver College of Law, J.D., 2002
Order of St. Ives

University of Wyoming, B.S. in Political Science, 1997

Professional Affiliations and Activities:

Colorado Bar Association

Faculty of Federal Advocates

Colorado Defense Lawyers Association

Representative Experience Includes:

• Assisted in and co-authored briefing in successful defense of appeal to the Colorado Supreme Court resulting in the announcement of a new, defense-favorable legal standard governing the accrual date of prejudgment interest in cases involving claims of latent property damage, resulting in combined savings of over $1 million to client in two product liability cases.

• Co-authored motion to certify question of State law and achieved successful Colorado Supreme Court review of a certified question of state law about the choice-of-law rule applicable to prejudgment interest, overruling an 85-year-old precedent and avoiding a potential interest award of up to $6 million for product-liability client.

• Drafted motions and briefs in assistance of obtaining summary judgment on behalf of insurer in bad faith litigation.

• Participated in obtaining defense verdict in breach of insurance contract action before County Court.

• Handled successful mediations in insurance and construction cases.

• Preparation of complex motions in insurance litigation, including motions for summary judgment.

• Successfully argued motions before Court in both insurance and construction litigation.

• Conducted examinations under oath of insureds as part of investigation of coverage and claims in first-party actions.

• Authored numerous legal opinion letters on complex insurance coverage issues.

• Successful development of defenses with experts in construction defect litigation and insurance defense and bad faith litigation.

• Depositions of parties, fact witnesses and experts in construction defect and insurance defense and bad faith actions.

• Completed International Association of Defense Counsel Trial Academy.  

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