Justin T. Winquist

Associate

Denver
T +1.303.764.4059
F +1.303.861.7805

Overview

Justin Winquist litigates complex civil cases with a focus on dealership/franchise disputes, product liability and insurance cases. Where possible, he aims to use dispositive motions to win cases "on paper" or facilitate settlements for clients at the earliest stage practicable in order to minimize the burden and expense of protracted litigation. When continued litigation is inevitable, Justin draws on his experience in all phases of civil litigation. He has litigated cases from both plaintiff and defendant perspectives in state and federal courts, as well as before private arbitrators. Justin is experienced in pre-suit counseling, discovery, motions practice, negotiated settlements, alternative dispute resolution, trial, post-trial issues and appeals. At every juncture of a case, Justin critically analyzes the facts and the law to develop compelling arguments that advance his clients' legal positions and business objectives.

Select Experience

  • Won appeal before the United States Court of Appeals for the Sixth Circuit in a dealership termination dispute between an equipment manufacturer and an equipment dealer. The Sixth Circuit ruled in favor of the client that the dealer was not permitted to shield the federal case record from public access on concerns that publicity would harm the dealership. Resulted in published opinion: Rudd Equip. Co., Inc. v. John Deere Constr. & Forestry Co., No. 16-5055, 2016 WL 4410575,834 F.3d 589 (6th Cir. July 27, 2016).

  • Won full summary judgment for a component part supplier in a California federal court strict product liability case involving a failed microtunnel boring machine. Resulted in published opinion: Nada Pac. Corp. v. Power Eng'g & Mfg., Ltd., 73 F. Supp. 3d 1206 (N.D. Cal. 2014).

  • Won full summary judgment for a national automobile insurance company client in Montana state and federal court actions alleging that insurer was required to “stack” or multiply third-party liability coverage limits for the number of vehicles insured despite only one vehicle being involved in an accident. Morris v. Progressive Northwestern Ins. Co. et al, No. CV 16-6-BU-SEH, 2016 WL 6534180, at *1 (D. Mont. Nov. 2, 2016) (appeal pending).

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Experience

  • Won appeal before the United States Court of Appeals for the Sixth Circuit in a dealership termination dispute between an equipment manufacturer and an equipment dealer. The Sixth Circuit ruled in favor of the client that the dealer was not permitted to shield the federal case record from public access on concerns that publicity would harm the dealership. Resulted in published opinion: Rudd Equip. Co., Inc. v. John Deere Constr. & Forestry Co., No. 16-5055, 2016 WL 4410575,834 F.3d 589 (6th Cir. July 27, 2016).

  • Won full summary judgment for a component part supplier in a California federal court strict product liability case involving a failed microtunnel boring machine. Resulted in published opinion: Nada Pac. Corp. v. Power Eng'g & Mfg., Ltd., 73 F. Supp. 3d 1206 (N.D. Cal. 2014).

  • Won full summary judgment for a national automobile insurance company client in Montana state and federal court actions alleging that insurer was required to “stack” or multiply third-party liability coverage limits for the number of vehicles insured despite only one vehicle being involved in an accident. Morris v. Progressive Northwestern Ins. Co. et al, No. CV 16-6-BU-SEH, 2016 WL 6534180, at *1 (D. Mont. Nov. 2, 2016) (appeal pending).

  • Won full summary judgment for a national automobile insurance client in Colorado federal court insurance bad faith case by arguing that excess judgment entered against insured was void due to a pre-existing release of insured by injured driver.

  • Won full summary judgment for a manufacturer of concrete-block-making equipment in a Nebraska federal court product liability case involving injuries sustained in a block-making plant.

  • Won full judgment on the pleadings for a national insurance company client in a putative Montana federal court class action concerning the “made whole” rule and insurance policy bar on duplicate recoveries. Simultaneously defeated plaintiffs' cross-motion for summary judgment.

  • Won recommendation of full dismissal by federal magistrate judge on behalf of an e-commerce health insurance broker client on consumer protection and misrepresentation claims. Recommendation resulted in dismissal of all claims against the client prior to the federal court’s adoption of the magistrate judge's recommendation.

  • Won summary judgment for facility-services client on all cross-claims filed by co-defendant in a Nevada state court contract dispute. Achieved dismissal of all but one of the plaintiff's claims, leading to settlement of the remaining claim.

  • Won partial summary judgment in an Iowa federal court contract dispute between a client and a subcontractor that provided services on a control system for operating robotic cranes in a Canadian pipe-producing facility.

  • Won preliminary and permanent injunctions in Florida federal court against former independent distributors of a network marketing company client. Injunctions prohibited former distributors from soliciting client's customers. Limu Co., LLC v. Dean, No. 6:12-CV-255-ORL-31, 2012 WL 2384422, at *1 (M.D. Fla. June 5, 2012), report and recommendation adopted, No. 6:12-CV-255-ORL-31, 2012 WL 2384049 (M.D. Fla. June 25, 2012).

  • Defeated motion for summary judgment filed against an oil and gas producer client in a Wyoming state court case in which landowner sued to cancel the client's lease for alleged failure to produce in paying quantities. The case subsequently settled.

  • Defeated a motion for summary judgment filed against a client in Colorado state court in a partnership dissolution dispute.

Recognitions and Memberships

Memberships

  • The Federalist Society for Law and Public Policy Studies
  • American Bar Association
  • Colorado Bar Association
  • Denver Bar Association

News

News

Pro Bono

  • Worked with American Civil Liberties Union (ACLU) on a case challenging the constitutionality of the treatment of inmates in a Colorado jail.
  • Represented a criminal defendant in seeking certiorari to the United States Supreme Court on Fourth Amendment search and seizure issues. 

Prior Positions

  • United States Department of Transportation, Federal Transit Administration: Intern

Admissions

  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Nebraska
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • Colorado

Education

  • J.D., American University Washington College of Law, 2009, cum laude; Note & Comment Editor, American University Law Review; Legal Rhetoric: Writing & Research Dean's Fellow
  • B.S., Northwestern University, 2005