Janette L. FergusonLitigation
•    Business LItigation
•    Class/Representative Actions
•    Insurance Coverage and Bad Faith Litigation
•    Public Lands-Review of Administrative Actions

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303-228-2507

Janette is an experienced litigator with over 25 years of experience handling complex commercial disputes. She has experience with breach of contract claims, fraud and misrepresentation cases, breach of fiduciary duty, business torts, Consumer Protection Act claims, employment disputes, class action litigation, construction defect claims, product liability cases, insurance coverage and bad faith litigation, and state and federal bid protests. Janette also has experience challenging Federal natural resource agency decisions, NEPA compliance and litigation, consulting on the Endangered Species Act, the National Historic Preservation Act and the Oil Pollution Control Act. Janette is resolution focused. She works closely with her clients to determine their ultimate business goals and objectives and tailors her dispute resolution approach to efficiently and effectively meet those goals and objectives.

Before joining Lewis Bess Williams & Weese, P.C., Janette was a long-time partner at Davis Graham & Stubbs, LLP, a large Colorado based firm. Prior to that Janette was a long-time partner in the San Francisco, California office of the national firm Robins Kaplan, LLP.

Representative cases include:
 MC Oil and Gas, LLC v. Ultra Petroleum, Inc., et al. 2015 WL 5126268 (D. Utah, 2015). Successfully defended a request for preliminary injunction requiring the production and delivery of oil on behalf of oil producer client in breach of contract claim by reseller.
 Mariani v. Titeflex Corporation, 2014 WL 3402514 (D.Colo. 2014). Won a complete dismissal on behalf of the manufacture of corrugated stainless steel tubing in product liability class action.
 Ratnayake v. Farmers Ins. Exchange, 2015 WL 875432 (D. Nev. 2015), Miller v. Farmers Ins. Group, 2012 WL 8017244 (E.D.Ok. 2012), Benzing v. Farmers Ins. Exchange, 179 P.3d 103, Colo. S.C. 206 P.3d 812 (Colo. 2009). Successfully defeated class certification efforts in class actions alleging various claims related to the marketing and sale of personal lines insurance coverage.
 Kim v. Grover C. Coors Trust, et al., — P.3d—, 2007 WL 686912 (Colo. App. 2007). Successfully defended claims against majority/controlling shareholders and officers in class action lawsuit alleging breach of fiduciary duty in the sale of convertible preferred securities.
 Chase v. Farmers Ins. Exchange, 129 P.3d 1011 (Colo. App. 2004). Obtained a summary judgment on behalf of employer in wage and hour class action for overtime compensation claim by claims adjusters.
Ryan v. CARL Corp., 23 F. Supp.2d 1146 (N.D. Cal. 1998). Achieved favorable post-class certification settlement for authors of articles published in collective works in copyright infringement class action suit against document retrieval and delivery business that reproduced and sold collective work articles without paying royalties.

Education
University of Santa Clara, School of Law – 1989
University of Colorado, Boulder – 1986

Bar and Court Admissions
Colorado (1989)
California (1989)
U.S. District Court, Colorado
U.S. District Court, Northern District of California
U.S. District Court, Southern District of California
U.S. District Court, Central District of California
U.S. District Court, Eastern District of California
U.S Court of Appeals for the Fourth Circuit
U.S Court of Appeals for the Ninth Circuit
U.S Court of Appeals for the Tenth Circuit

Publications
ABA Survey of State Class Action Law - Colorado (2011-2016)

FWS Discretion Is “Threatened” And “Endangered” By Settlement Agreements Allowing Environmental Groups to Set ESA Listing Policy, American Bar Association (2015)

Sue and Settle: Citizen Suit Settlements and Environmental Law, Natural Resources & Environment, ABA Section of Environment, Energy, and Resources, Vol. 30, No.1 (2015)

Honors and Distinctions
The Best Lawyers in America, Commercial Litigation (2016 and 2017)
The Best Lawyers, Women in the Law, 2016

Community Involvement
Colorado Lawyers Trust Account Foundation, Board Member – 2016
The Big Idea Project, Pro Bono Counsel – 2014 to present
The Big Idea Project, Advisory Board Member - 2016