Firm-Wide blog

Burg Simpson Shareholder Brian Matise Fighting for West Metro Fire Retirees

By Burg Simpson
May 17, 2019
3 min read

Brian Matise Nears Settlement Agreement for West Metro Fire District Retirees.

Brian Matise, a shareholder at the firm of Burg Simpson Eldredge Hersh & Jardine, filed a lawsuit on behalf of the plaintiffs against the West Metro Fire District in 2018. The lawsuit was filed due to allegations that the fire district improperly distributed retirement money. The complaint stated that the Executive Committee of IAFF Local 1309, a union for current West Metro Fire District employees and the district, gave funds from a health trust to its current employees while the trust was being closed down. While West Metro Fire said the money transfer was appropriate, the plaintiffs stated that per the terms of West Metro Fire’s trust fund agreement, retirees and dependents from the district were entitled to those funds, and the assets in the Retiree Health Trust were not supposed to benefit the district. West Metro Fire is a full-service fire department that serves over 250,000 residents in Jefferson County and Douglas County, and the plaintiffs were seeking an accounting and restitution for all money that was in the health trust as of March 10, 2015 and any money that was added later.

Brian Matise, a shareholder with Burg Simpson Eldredge Hersh & Jardine, represents Tim O’Hayre and Ruth Brienza, individually and on behalf of all other beneficiaries of the West Metro Fire Protection District Firefighters Health Benefit Trust Fund. Matise said, “We are still working out the terms about the settlement agreement, and but will not be able to release the details for a couple of weeks.”

Read more about the details of the West Metro Case here:,280437?

Burg Simpson Shareholder Brian Matise

Brian 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. He 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. He 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. Brian 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.

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