Insight

United They Stand

Teamwork and commitment are the core values of Burg Simpson Eldredge Hersh & Jardine, which fueled successes in and out of the courtroom in 2020

Burg Simpson Eldredge Hersh & Jardine
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Justin Smulison

March 4, 2021 09:06 PM

The attorneys at Burg Simpson Eldredge Hersh & Jardine, PC know what it takes to win in the high-stakes world of civil trial law. Headquartered in Colorado, the firm has earned more than $1 billion in verdicts, settlements, and judgments while securing more than 200 individual recoveries in excess of $1 million each.

For over 40 years, Burg Simpson has established a national standard for excellence in the areas of mass tort, class action, personal injury, workers’ compensation, construction defects, medical malpractice, and complex business and commercial litigation. Highlighting some of the firm’s achievements of 2019 and 2020 alone exemplify their commitment to justice and client service.

“Not all law firms are alike,” noted Michael S. Burg, who founded the firm in 1977. “People need to compare the track records and experience of attorneys and their law firms, and do their research before they choose an attorney.”

The Body Broker Case – $58.5 Million Verdict

The “Body Broker Case” was an example of Burg Simpson’s ability to fight for their clients at the intersection of science, ethics, and the law. In November 2019, the firm secured $58.5 million in compensatory and punitive damages—one of the largest civil verdicts in Arizona history—for families who had donated the bodies of their deceased loved ones to Steve Gore and the companies he worked for, including Biological Resource Center (BRC) and Platinum Training, LLC.

The lawsuit was led by shareholders Michael S. Burg, David K. TeSelle, and Holly B. Kammerer, joined by Paul Friedman, in the firm’s Arizona office. The trial lasted for more than four weeks in 2019. The complaint alleged that Gore and the companies he worked for led a black-market industry scheme in which they profited from selling and trafficking human body parts that donors had intended for research and scientific study. These allegations, combined with an FBI raid which uncovered the depths of the companies’ actions dating back to 2014, formed the basis of the lawsuit. When families realized they had been victimized, they contacted Burg Simpson.

“The companies had no legitimate credentials or experience offering body donation services and it showed in their actions as well as through their marketing and communications,” said Burg, who was named a Best Lawyers® “Lawyer of the Year” in Denver for plaintiffs’ product liability in 2016 and plaintiffs’ mass torts in 2013 and 2018. “The families had been put through tremendous trauma, and we fought for them, as well as to ensure that no one else would suffer from similar indignities.”

Burg Simpson filed a claim against Gore and the companies for mishandling remains of donated bodies, and in November 2019, secured the successful Maricopa County Superior Court jury verdict of $58.5 million.

Construction Defect Practice Secures $19.4 Million Arbitration Award

Trials came to a near-total shutdown in 2020, but Burg Simpson demonstrated their legal prowess in alternative courtroom settings. A lengthy construction defect arbitration came to a favorable close last year when the Construction Defect team, led by shareholders Mari Perczak and Michael Menghini, secured a $19.48 million award for a Colorado townhome community.

The case was filed against Century Communities, Inc., a publicly-traded home building company operating in multiple states, and related corporate entities that acted as the developer, builder and general contractor for the project.

The association alleged that common elements and individual units suffered from numerous construction defects and deficiencies. Multiple engineers and cost estimating experts testified during the over 17-day arbitration about structural, geotechnical, and civil engineering-related issues.

“Our highly skilled trial attorneys in the Construction Defect group have the technical background and experience necessary to provide the best possible representation in areas where there is regular property development,” Burg said. “Sometimes safety and thoroughness are sacrificed to meet construction deadlines or budgets. When these defects impact the well-being and comfort of residents—no matter their location in the U.S.—they often turn to Burg Simpson for justice.”

Burg Simpson handles construction defect cases throughout the United States.

Firm and Individual Awards

Burg Simpson and the firm’s trial lawyers have received numerous accolades from their peers in the legal community. The firm has a national Tier 1 ranking from U.S. News & World Report – Best Lawyers® “Best Law Firms” in Mass Tort Litigation / Class Actions - Plaintiffs and was recognized as Tier 1 in Colorado for Commercial Litigation; Construction Law; Litigation - Construction; Mass Tort Litigation / Class Actions - Plaintiffs; Personal Injury Litigation - Plaintiffs; Product Liability Litigation - Plaintiffs; Professional Malpractice Law–Plaintiffs; and Workers’ Compensation Law–Claimants.

This year, 47 Burg Simpson attorneys were listed in The Best Lawyers in America© and Best Lawyers: Ones to Watch for 2021. Additionally, Best Lawyers recognized the following Burg Simpson lawyers as 2021 “Lawyer of the Year” recipients: Holly B. Kammerer (Mass Tort Litigation/Class Actions–Plaintiffs, Denver); Valerie M. Sullan (Construction Litigation–Plaintiffs, Denver); and Janet G. Abaray (Mass Tort Litigation/Class Actions–Plaintiffs, Cincinnati).

Good Lawyers. Changing Lives.

Burg Simpson lawyers have a long and established reputation for being fearless, Burg noted.

“We have battled some of the largest law firms in the world and continually overcome nearly impossible odds,” he said. “Our motto is: ‘Good Lawyers. Changing Lives.’ We have really great lawyers, and we do really good things—for our clients and our communities—in ways that change lives for the better. We have more great trial lawyers than any other firm. Our ability to work together as a team gives us the competitive advantage we need to fight for our clients.”

Colorado Office:
40 Inverness Drive East
Englewood, CO 80112
Phone: 303.792.5595
Fax: 303.708.0527

The firm also has offices in Florida | Wyoming | New Mexico | Arizona | Ohio | Nevada
www.BurgSimpson.com

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