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

Michael Burg body broker interview

 March 19, 2019

Inside Edition Interviews Michael Burg on Body Broker Case

Esteemed founding shareholder Michael Burg explained the details of a body broker case in Arizona brought by several families against Biological Resource Center, Inc. and its owner, Steve Gore. In this terrible case, the families donating their deceased loved ones’ bodies to scientific research did not realize the company intended to dismember the corpse and… Read more »

Bolye, Nelson

 March 18, 2019

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule

Colorado Supreme Court Refuses to Take Up Wal-Mart’s Challenge to the Collateral Source Rule In the 2018 case of Forfar v. Wal-Mart, 2018 COA 125, Burg Simpson Attorney Nelson Boyle won an important appeal on behalf of Burg Simpson’s client Robert Forfar. Mr. Fofar was represented at trial by several attorneys at the Paul Wilkinson… Read more »

Michael Burg on KHOW

 March 15, 2019

Michael Burg on KHOW Talk Radio: Your Money, Your Retirement, on Saturday, March 16th at 2 pm.

Michael S. Burg, the founding shareholder at the law firm of Burg Simpson Eldredge Hersh & Jardine, will be appearing on the weekly talk radio show, Your Money, Your Retirement on Saturday, March 16th at 2 pm. Mr. Burg will be a guest of co-host Tim Smile on KHOW radio. Michael Burg will be discussing… Read more »

 March 11, 2019

Burg Simpson Presents Awards to the 2019 Scholarship Competition Winners!

     Each year, Burg Simpson awards college scholarships to the graduating high school seniors who win our essay competition regarding the importance of the U.S. civil jury system, and how it is being threatened. The annual Burg Simpson Scholarship Competition is an outstanding opportunity for high school seniors to obtain additional funds for college,… Read more »

 March 19, 2019

Colorado “Stop-as-Yield” law

By David P. Hersh, Burg Simpson Shareholder Colorado “Stop-as-Yield” law In May 2018 Colorado adopted a new statewide standard regulating bicycles when they are approaching intersections.  C.R.S. § 42-4-1412.5 establishes as the standard what is known as “stop as yield” throughout Colorado.  However, individual local governments can choose whether or not to adopt this standard… Read more »

Michael Burg body broker interview

 March 18, 2019

Inside Edition Interviews Attorney Michael Burg Regarding the Gruesome “Body Parts” Case

Attorney Michael Burg, of Denver-based law firm Burg Simpson Eldredge Hersh & Jardine, is representing the victims’ family members in a lawsuit against Gore and Biological Resource Center of Arizona, in what is being referred to as the “Body Parts Case.” Mr. Burg told Inside Edition in a recent interview that the families involved in the case… Read more »

Arizona Attorney Brian C. Dault hero image

 March 18, 2019

Arizona State Bill 1087 Seeks to Increase Liability Car Insurance Minimums

By Brian C. Dault, Burg Simpson Associate Arizona State Bill 1087 Seeks to Increase Liability Car Insurance Minimums A piece of legislation recently introduced in Arizona would increase the minimum amount of car insurance coverage required for liability policies. Arizona currently has some of the lowest requirements for minimum insurance coverage in the country, and… Read more »

Attorney Thomas Henderson hero image

 March 18, 2019

Insurance Bad Faith

By Thomas W. Henderson, Burg Simpson Shareholder Case Timeline: Insurance Bad Faith When you purchase an insurance policy, you are managing your risk by buying protection against the unexpected.  The policy is a contract between you/your business and the insurance company.  In return for your payment of the premium, the insurance company agrees to protect… Read more »

Workers’ Compensation Claims – We Will Be Your Guide

 March 5, 2019

Workers’ Compensation Claims – We Will Be Your Guide

The workers’ compensation system is very complicated and difficult to navigate on your own, but Burg Simpson can help.  Our award-winning attorneys specialize in workers’ compensation claims to ensure that your rights and benefits are protected. Our workers’ compensation lawyers have decades of experience in dealing with Colorado workers’ comp laws, and in making sure that our… Read more »

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

 March 5, 2019

Let Us Handle Your Personal Injury Matters, While You Concentrate on Your Recovery

When you have suffered from a personal injury, or the loss of a loved one due to wrongful death, it can make matters even more complicated when you are attempting to deal with all of the accompanying legal issues on your own. When you have experienced this kind of trauma, it is important that you focus… Read more »

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

 March 5, 2019

Colorado Deadlines for Construction Defect Lawsuits – Statute of Limitation & Statute of Repose

Colorado has some of the shortest deadlines in the country for filing a construction defect lawsuit. Generally, a homeowner or a homeowner association board has a limited amount of time from obtaining the certificate of occupancy to filing a claim. But do not assume that your opportunity to file a construction defect claim has passed. If… Read more »

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

 March 5, 2019

How Do I File a Construction Defect Claim in Colorado? – What is the CDARA Process?

Filing a civil action against a construction company, contractor, architect, engineer, or other construction professional for a construction defect can be complicated. This is especially true if you are filing as an individual homeowner or a member of a homeowner’s association. In this short and informative video, Construction Defects attorney, and Burg Simpson shareholder, Craig… Read more »

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