Casie D. Collignon

Partner

Denver
T +1.303.764.4037
F +1.303.861.7805

Overview

Named a 2016 "Colorado Lawyer of the Year" by Law Week Colorado, Casie Collignon has achieved significant accomplishments in class action litigation, thereby limiting exposure and business risks for her clients. Casie views class action defense with professional maturity, from a business perspective first and a litigation perspective second, taking whatever avenue is most advantageous to get the results her clients desire. While zealous representation is often accompanied by aggressive legal strategy, she also believes there is a time and place for cooperation in most litigation contexts. This approach has led to substantive and economic rewards for her clients. 

In the data privacy area, Casie assists clients with their most complex issues, including data breach and other privacy-related class actions. She is often sought out to represent healthcare companies, businesses with substantial online services and business in the social media space. With little precedent for certification in such cases, class actions are particularly challenging because damages are pursued based on statutory penalties with no individual damage requirements. Casie's practice also includes complex business litigation experience, involving litigation surrounding the insurance, consumer, financial services and oil and gas industries. In this respect, Casie works closely with her clients to understand the history, context and practicalities underlying any given dispute. It is her experience that these intangibles are just as important as the legal precedent in any litigation involving these industries.

Select Experience

Class Action
  • Provided key contributions in amicus briefs filed to U.S. Supreme Court seminal class decisions in Comcast Corp. v. Behrend, No. 11-864 (2013); Standard Fire v. Knowles, No. 11-1450 (2013); and Jacobsen v. Allstate, No. 19-976 (2014).
  • Successfully achieved dismissal of case against the University of Texas MD Anderson Cancer Center and Cleveland Clinic in a putative class action brought against Facebook and various hospital systems and healthcare-related institutions that alleged certain healthcare institutions violated state and federal laws by transmitting information about consumers’ online browsing history to Facebook.
Commercial Litigation
  • Successfully petitioned for en banc review to the Tenth Circuit Court of Appeals resulting in the published opinion of Hydro Resources, Inc. v. U.S. E.P.A., 608 F.3d 1131 (10th Cir. 2010) in a case involving uranium mining, EPA permits, and Indian country in New Mexico.
  • Successfully defended financial services company in a partition trial, securing lien priority and preventing unfavorable foreclosure of property.
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Experience

Class Action
  • Provided key contributions in amicus briefs filed to U.S. Supreme Court seminal class decisions in Comcast Corp. v. Behrend, No. 11-864 (2013); Standard Fire v. Knowles, No. 11-1450 (2013); and Jacobsen v. Allstate, No. 19-976 (2014).
  • Successfully achieved dismissal of case against the University of Texas MD Anderson Cancer Center and Cleveland Clinic in a putative class action brought against Facebook and various hospital systems and healthcare-related institutions that alleged certain healthcare institutions violated state and federal laws by transmitting information about consumers’ online browsing history to Facebook.
  • Obtained, with prejudice, dismissal of a nationwide class action against an electronics and video game retailer alleging that customers’ personal information was shared with Facebook in violation of the client’s privacy policy. Defended the dismissal in the Eighth Circuit Court of Appeals, which resulted in the conclusion that the plaintiff failed to support his claims. Carlsen v. Gamestop, 833 F.3d 903 (8th Cir. 2016). The decision was particularly important for the industry because it addressed interpretation of privacy policies as a basis for consumer class action claims involving the use and transfer of customer data, which is a growing area of concern and potential litigation.
  • Secured an important appellate victory on an issue of first impression on behalf of an insurance company when the court upheld arguments laid out in brief arguing that the trial court committed a reversible error in denying the client the right to intervene in the trial court case, subjecting it to a multimillion-dollar exposure. This case was of great importance to the insurance industry because as collusive agreements become more popular, insurance companies’ right to intervene to protect their interests in subsequent bad-faith litigation is more important than ever. 
  • Played crucial liaison role in putative nationwide plaintiff and defendant class action alleging consumer, antitrust and RICO claims against more than 100 property and casualty insurers. Worked with more than 100 defense counsel to organize a coordinated defense strategy for dismissal of all claims. 
  • Successfully defeated class certification in multimillion-dollar consumer class action against major auto insurance company in Colorado state court. Victory had significant implications for the auto insurance industry and class action jurisprudence in Colorado. Allegations regarding the insurance company's marketing of its uninsured motorist product were filed against nearly every insurance company doing business in the state of Colorado. Subsequent to the new, higher Colorado standard, litigated one of the first class certification hearings of the sued insurers and achieved one of the first class certification victories for the insurance company, which set the stage for nearly every other insurance company in the state with similar lawsuits pending against it. In the wake of other landmark decisions, the Colorado Supreme Court adopted more liberal standards for class certification than the United States Supreme Court. 
  • Successfully dismissed class action lawsuit in multimillion-dollar ERISA breach of fiduciary duty lawsuit in North Dakota federal court against one of the largest hotel chain owners in the United States. Case was of particular importance due to strategy of waiting until class was certified to bring a dispositive motion so that the motion would be preclusive to the entire class. Claims were dismissed with prejudice without leave to amend.
  • Successfully defeated class certification in multimillion-dollar consumer class action against major auto insurance company in California state court. Victory came in the aftermath of California's Proposition 64, which significantly changed the landscape for standing and predominance requirements for California's proposed class representatives. Navigated court system that was dealing with significant change in class action law, and leveraged timing of law change into victory for the insurance company.
  • Successfully dismissed class action lawsuit in multimillion-dollar consumer class action against a major insurance company in Montana federal court. Victory leveraged significant differences between Montana state and federal law.
  • Played crucial role in achieving early class action settlement for major auto insurance company in federal court in Kentucky. After settlement, the plaintiffs successfully certified class against the remaining defendants, and certification order was upheld by Sixth Circuit.
  • Successfully achieved early class action settlement for major auto insurance company in New Mexico state court, while other insurance companies continue to litigate the issues within federal court in New Mexico.
Commercial Litigation
  • Successfully petitioned for en banc review to the Tenth Circuit Court of Appeals resulting in the published opinion of Hydro Resources, Inc. v. U.S. E.P.A., 608 F.3d 1131 (10th Cir. 2010) in a case involving uranium mining, EPA permits, and Indian country in New Mexico.
  • Successfully litigated oil and gas lease dispute, including negotiation of a new oil and gas lease that was more financially beneficial to the client in a Wyoming state court dispute.
  • Successfully defended financial services company in a partition trial, securing lien priority and preventing unfavorable foreclosure of property.
  • Defends financial services companies, lenders, assignees, and assignors in litigation in federal and state courts regarding lien priority, partition, quiet title, and fraud allegations. In these engagements, successful litigation strategy is often related to timing of the allegations in the market, fact sensitivity and business considerations for the client.

Recognitions and Memberships

Recognitions

  • Corporate International Global Awards: Class Action Litigation Lawyer of the Year (2017)
  • Colorado Super Lawyers "Rising Star" (2010 to 2013)
  • Law Week Colorado
    • Lawyer of the Year (2016)
    • "Barrister's Best": Best Class Action/Mass Tort Lawyer for Defendants (2015)
  • Denver Business Journal's "Outstanding Women in Business" (2011)

Memberships

  • American Bar Association
  • Colorado Bar Association
    • Class Actions, Derivative Suits and Mass Torts Subsection: Chair
  • Denver Bar Association
    • Young Lawyers Division: Former President
    • Volunteer Lawyer of the Year Award (2007)

Community

  • Denver Urban Debate League: Co-Founding Board Member

Pro Bono

  • Co-led a team in conjunction with the ACLU and secured a $375,000 settlement for two victims of wrongful arrest in a drug sting. Clients were wrongly arrested and prosecuted based on false accusations, leading to the loss of their jobs and subsequent eviction from federally subsidized housing. 
  • Was instrumental in representing, in conjunction with the ACLU, proposed class of prisoners in case alleging prisoner abuse in Colorado state court. Was primary litigator in court-involved settlement which led to new safety standards and abolishment of certain types of torture devices.

Prior Positions

  • Clerk for the Honorable John Daniel Dailey, Colorado Court of Appeals
  • University of Denver Law Review: Managing Editor

Admissions

  • U.S. Court of Appeals, Seventh Circuit, 2017
  • U.S. Court of Appeals, Eighth Circuit, 2012
  • U.S. Court of Appeals, Ninth Circuit, 2014
  • U.S. Court of Appeals, Tenth Circuit, 2007
  • U.S. District Court, District of Colorado, 2005
  • U.S. District Court, Western District of Wisconsin, 2018
  • U.S. District Court, Western District of Michigan
  • Colorado, 2003

Education

  • J.D., University of Denver Sturm College of Law, 2003; Managing Editor, Denver University Law Review; Recipient, award for outstanding academic achievement in legal ethics
  • B.A., University of Missouri, Kansas City, 1999; Member, National Champion Debate Team

Blog

In The Blogs

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Class Action Lawsuit Defense
The US Supreme Court's Ruling in American Pipe Does Not Extend to Allow Tolling of Statutes of Limitation in Successive Class Actions
June 13, 2018
In a unanimous decision, the Supreme Court has limited the reach of its landmark decision in American Pipe & Constr. Co. v. Utah, 414 U.S. 538 (1974), which tolled the statute of limitations applicable to a timely filed putative class...
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Class Action Lawsuit Defense
State Court Adoption of Comcast v. Behrend
By Albert G. Lin, Rand L. McClellan
June 11, 2018
In Comcast v. Behrend, 569 U.S. 27 (2013), the United States Supreme Court clarified the requirements for establishing that classwide injury and damages predominate over individual issues for the purposes of FRCP 23(b)(3). In particular...
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Class Action Lawsuit Defense
2018 Class Action Landscape
May 15, 2018
In 2016, the Supreme Court issued a landmark decision in Campbell-Ewald Co. v. Gomez, resolving a circuit split on whether an unaccepted offer of judgment pursuant to Rule 68 of the Federal Rules of Civil Procedure could moot a named...
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Class Action Lawsuit Defense
Proposed Rule 23 Amendment for Class Action Settlement: Sea Change or Codification of the Status Quo?
May 11, 2018
Proposed amendments to the class action settlement process in Federal Rule of Civil Procedure 23(e) are scheduled to take effect on Dec. 1, 2018. One of the proposed amendments requires that “[t]he parties must provide the court with...
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Class Action Lawsuit Defense
Federal Authorities Continue to Monitor Proposed Class Action Settlements
By Douglas A. Vonderhaar
April 18, 2018
Officials at the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) continue to scrutinize class settlements to ensure that neither defendants nor class action counsel are improperly benefiting at the expense of class...
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