Meet our Attorneys

Brian K. Matise

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Attorney Brian K. Matise hero image
Super Lawyers 2019 Brian K. Matise Lawyer of the Year 2016

 

Mr. Matise’s legal experience includes all aspects of general civil practice with an emphasis on complex commercial litigation, mass tort product liability litigation, special district and homeowner association law, and insurance coverage litigation. Mr. Matise has successfully tried over a dozen cases to a jury verdict or judgment, and obtained several million dollars in settlements for clients.

Mr. Matise has represented special districts and homeowners associations both as general counsel and in litigation against developers. Mr. Matise obtained a jury verdict and judgment against the former developer and President of two Colorado metropolitan districts, invalidating several million dollars of contracts and a personal liability judgment against the developer. The judgment was upheld on appeal, which Mr. Matise argued. Mr. Matise also successfully brought a quo warranto action on behalf of approximately 50 homeowners to replace an illegal Board of Directors of a metropolitan district with residents lawfully appointed by the Elbert County Board of County Commissioners. Mr. Matise was successful in that action despite the refusal of the 18th Judicial District Attorney’s office to bring the action.

Mr. Matise was appointed by the U.S. District Court for the District of Colorado to serve as plaintiffs’ liaison counsel in class action securities litigation related to the Madoff scandal. Mr. Matise also served as plaintiffs’ co-liaison counsel in Qwest securities class action litigation. Mr. Matise has also obtained recovery for numerous investors that have been defrauded in ponzi schemes and related securities scandals, including the Sunwest Management securities action and the National Consumer Mortgage ponzi scheme.

Mr. Matise has represented condominium associations and homeowners in protracted litigation against developers and affiliated construction entities, obtaining turnover of common elements and recovery for construction defects. Mr. Matise has also represented candidates for homeowner association boards in successful proxy contests against recalcitrant incumbent boards, ousting the former board members.

Mr. Matise has represented small businesses engaged in virtually all areas of litigation, including defending against preliminary injunctions, challenging anti-compete clauses, both bringing and defending against actions by minority shareholders in “small business divorces,” and representing small businesses in challenging government agency actions.

In 2011, Mr. Matise successfully represented a homeowners’ association in defending against trespass and related easement claims that threatened the HOA’s access and common elements. Mr. Matise tried the case to a jury verdict in favor of his client. Mr. Matise has also represented homeowner associations, metropolitan districts, and commercial clients in negotiating and closing complex real estate and easement transactions.

In the area of mass tort product liability litigation, Mr. Matise has participated in pharmaceutical product liability multidistrict litigation, including briefing key Daubert motions for the Plaintiffs’ Steering Committee in the In re: Gadolinium-Based Contrast Agent Product Liability Litigation, MDL 1909, and briefing several issues in the In re: Yasmin and Yaz litigation, MDL 2100.

Mr. Matise also has represented several plaintiffs in catastrophic personal injury and property damage litigation arising out of gas explosions and oilfield accidents.

Mr. Matise has briefed and argued approximately a dozen appeals before the Tenth Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.

Mr. Matise has also represented numerous employees in successful Title VII disparate treatment, sexual harassment, ADA, and ADEA employment litigation. In one ADA action, Mr. Matise obtained a settlement with the Nineteenth Judicial District.

Mr. Matise is a volunteer public elected official, serving as a board member, secretary-treasurer and past president of the Tollgate Crossing Metropolitan District No. 2. In 2006, the voters of that district elected Mr. Matise as the first homeowner to serve on the Board of Directors in a contested election, defeating an incumbent director that had been appointed by the developer. Mr. Matise has served on the board since then, overseeing the successful transition from developer control to homeowner control.

Mr. Matise is admitted to practice in the states of Colorado and New Mexico, as well as the Tenth Circuit Court of Appeals, Ninth Circuit Court of Appeals, and United States District Courts for the Districts of Colorado, New Mexico, Eastern District of Wisconsin.

Prior to joining Burg Simpson in 2004, Mr. Matise was involved in commercial trial work, civil rights litigation involving governmental entities, commercial/product defect litigation, and employment law. Mr. Matise served as the judicial law clerk for Hon. John Edwards Conway, Chief District Judge for the District of New Mexico, and United States Magistrate Judge Leslie C. Smith.

Best Lawyers® “Lawyer of the Year 2016,” Mass Tort Litigation/Class Actions – Plaintiffs, Denver

Selected to Best Lawyers® in America, 2013 - 2019

Selected to Colorado Super Lawyers®, 2013-2017 and 2019

Order of the Coif

Phi Alpha Delta

New Mexico Law Review Editor-in-chief, 1997-1998

Jessup Moot Court Team, 1996-1998

NACDL Mock Trial Team, 1996

New Mexico Court of Appeals Appellate Advocacy Moot Court Champion, 1996

Colorado, 2002

New Mexico, 1998

Montana, 2012

U.S. District Court, District of Nebraska, 2017

U.S. District Court, District of Montana, 2012

U.S. Court of Appeals, 10th Circuit

U.S. Court of Appeals, 9th Circuit

U.S. District Court, District of Colorado

U.S. District Court, District of New Mexico

U.S. District Court, Eastern District of Wisconsin

U.S Court of Federal Claims, 2018

J.D., 1998, University of New Mexico, summa cum laude

B.S., 1980, University of Redlands, CA, magna cum laude

Colorado Bar Association

Arapahoe County Bar Association

Denver Bar Association

State Bar of New Mexico

Montana State Bar Association

Implied Employment Contracts Based on Written Policy Statement Are Not Subject to Governmental Immunity, New Mexico Law Review, Vol. 27, No. 3

Editorial Board Member, The Corporate Observer

 January 18, 2019

Spinal Cord Injury: The First 90 Days Arizona Digital Edition

Arizona’s digital edition of “Spinal Cord Injury: The First 90 Days,” has just been released by author, Sam Maddox. This volume is an informational guide for those with acute spinal cord injuries. The Arizona edition contains information regarding insurance coverage, rehabilitation best practices, self-care and coping strategies, expected outcomes, assistive technology and equipment, home modification and the… Read more »

Attorney Scott Eldredge hero image

 January 9, 2019

Scott Eldredge: Shareholder and Practice Group Leader for the Medical Malpractice Team

Since 1983, Scott Eldredge, a named shareholder at Burg Simpson Eldredge Hersh & Jardine, has created a thriving legal practice focused on complex medical malpractice cases, and specifically matters regarding birth trauma. He regularly appears in State and Federal Courts, and concentrates on cases that include claims for damages resulting from substandard care by medical… Read more »

Kool Smiles Wrongful Child Death | ABC15 Interviews Burg Simpson Shareholder Scott Eldredge

 January 8, 2019

Kool Smiles Wrongful Child Death | ABC15 Interviews Burg Simpson Shareholder Scott Eldredge

  In December of 2017, the Gastelum family lost their two year old son, Zion, after baby root canals and crown surgeries. Kool Smiles dental clinic, where the surgeries took place, was accused of being responsible for the wrongful death due to negligent care post-surgery. Arizona ABC15 interviews Zion’s parents about the year-long investigation, as… Read more »

Gastric Bypass - Medical Injury Lawyer - Arizona Burg Simpson

 January 4, 2019

Mass Tort Litigation: Dangerous Drugs and Medical Devices

What is Mass Tort Litigation? A tort is a wrongful act that results in an injury for which the injured party is entitled to compensation. A mass tort is a civil action involving numerous plaintiffs against one or more defendants. Mass tort lawsuits arise when a number of plaintiffs have sustained injuries caused by the same dangerous prescription drug, defective medical… Read more »

Martin Luther King

 January 21, 2019

“Injustice anywhere is a threat to justice everywhere.” Martin Luther King Jr.

Martin Luther King Day is a federal holiday that celebrates the life and legacy of one of the world’s most important civil rights leaders. Dr. King brought a message of hope and healing to America, and the holiday that bears his name is a celebration of his immeasurable contribution to humankind, as well as a… Read more »

 January 21, 2019

Burg Simpson is Pleased to Announce the Denver Firefighters Scholarship Fund and the 2019 Denver Fire Scholarship Awards

The Denver Fire Fighters Charitable Foundation, in partnership with the Denver Fire Department Foundation and Shareholder Nick Fogel with Burg Simpson law firm, is pleased to have recently established the inaugural Denver Fire Scholarship awards. The organizations will award two $1,500 scholarships to two qualifying students who are children of an active Denver firefighter. The… Read more »

Peripheral Arterial Disease

 January 18, 2019

Treatments for Peripheral Arterial Disease Linked with Increased Risk of Death

Treatments for Peripheral Arterial Disease Linked with Increased Risk of Death The FDA recently released a letter warning physicians about a new study linking two treatments for peripheral arterial disease– paclitaxel-coated balloons and paclitaxel-coated stents– with an increased risk of death when compared to non-coated balloons or stents. In the study, researchers found a significantly… Read more »

Attorney Thomas Henderson hero image

 January 17, 2019

Law Week Colorado – Year in Review 2018

Law Week Colorado – Year in Review 2018 The December 24, 2018 edition of Law Week Colorado highlights newsworthy events in the courts, federal regulatory agencies, and within the legal industry. In their 2018 Year in Review section, Law Week recapped  the Durango “416 Fire” which started on June 1, 2018 and burned more than 50,000… Read more »

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

 November 5, 2018

Good Lawyers. Changing Lives. – Supporting Communities with Burg Simpson

All attorneys at Burg Simpson strive to make our motto more than just words. Both in and out of the courtroom, our attorneys work to support local and national communities by protecting their rights and to making certain that crisis recovery and educational opportunities are available to all. In this video, Burg Simpson shareholder and… Read more »

Massachusetts Gas Explosion – Holding Corporations Accountable

 November 2, 2018

Massachusetts Gas Explosion – Holding Corporations Accountable

The negligence of Columbia Gas caused the massive gas explosions  in Andover, Lawrence and North Andover, MA. After the gas explosions, more than 2,000 people found themselves displaced, and their towns resembled a war zone. These gas explosions could have easily been avoided. Columbia Gas had been warned twice over the last decade that an explosion was… Read more »

Attorney Tom Henderson explains why the Durango 416 Fire aims to hold the Durango-Silverton Railroad accountable.

 November 2, 2018

Seeking Justice for Victims of the Durango 416 Fire

Colorado’s Durango 416 Fire was caused by the Durango-Silverton Railroad’s coal-burning train on June 1, 2018. The blaze has been reported to be the state’s sixth largest forest fire in history, and the fire destroyed homes and businesses in Durango and the surrounding area. Burg Simpson is now representing those affected by the 416 Fire… Read more »

Consumers Must Beware of Body Brokers

 November 2, 2018

Consumers Must Beware of Body Brokers

Body brokers are relatively unchecked and under-regulated by state and federal agencies.  Across the United States, mortuaries and hospices are committing fraud by allowing body brokers to convince families who have lost their loved ones to donate the body “for medical research.” But instead of being donated, the body ends up being dismembered and then… Read more »

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