Full Profile
Justin Winquist has more than a decade of experience at large, national, and international law firms litigating complex civil cases with a focus on insurance coverage and bad faith claims. Justin is also experienced in complex commercial litigation, business disputes, class actions, appeals, personal injury and product liability, distribution/franchise, construction, and oil and gas matters.
Where possible, Justin aims to use dispositive motions to win cases “on paper” or facilitate settlements for clients at the earliest stage practicable in order to minimize the burden and expense of protracted litigation. When continued litigation is inevitable, Justin draws on his experience in all phases of civil litigation. He has litigated cases from both plaintiff and defendant perspectives in state and federal courts, as well as before private arbitrators. Justin is experienced in pre-suit counselling, discovery, motions practice, negotiated settlements, alternative dispute resolution, trial, post-trial issues and appeals. At every juncture of a case, Justin critically analyzes the facts and the law to develop compelling arguments that advance his clients’ legal positions and business objectives.
Admissions
- Colorado
- Montana
- US District Court for the District of Colorado
- US District Court for the District of Nebraska
- US Court of Appeals for the Sixth, Ninth, and Tenth Circuits
Education
- J.D., cum laude, American University, Washington College of Law, 2009
- B.S., Northwestern University, 2005
Memberships
- American Bar Association
- Colorado Bar Association
- Denver Bar Association
Experience
- Won appeal before the US Court of Appeals for the Ninth Circuit in automobile insurance case concerning whether automobile liability insurance limits can be “stacked” or multiplied by the number of insured vehicles when only one is involved in an accident. The Ninth Circuit affirmed summary judgment granted by the US District Court for the District of Montana in favor of the insurance company, holding that liability coverage limits cannot be stacked under Montana law. Lead brief writer at the trial court and appellate levels. Morris v. Estate of Bishop, No. 16-35973, 2019 WL 3961252, at *1 (9th Cir. Aug. 22, 2019) affirming Morris v. Estate of Bishop, No. CV 16-6-BU-SEH, 2016 WL 6534180, at *1 (D. Mont. Nov. 2, 2016).
- Won appeal before the Montana Supreme Court on question of whether automobile liability insurance coverage limits can be “stacked” or multiplied by the number of insured vehicles when only one is involved in an accident. The Montana Supreme Court held that, unlike other automobile insurance coverages that have previously been stacked in Montana, liability insurance coverage limits do not stack based on the number of vehicles. Lead brief writer on Montana Supreme Court brief. Resulted in published opinion: Kenneth & Kari Cross v. Warren, 2019 MT 51, ¶ 1, 395 Mont. 62, 63, 435 P.3d 1202, 1204.
- Won appeal before the US Court of Appeals for the Sixth Circuit in a dealership termination dispute between an equipment manufacturer and an equipment dealer. The Sixth Circuit ruled in favor of the client that the dealer was not permitted to shield the federal case record from public access on concerns that publicity would harm the dealership. Resulted in published opinion: Rudd Equip. Co., Inc. v. John Deere Constr. & Forestry Co., No. 16-5055, 2016 WL 4410575,834 F.3d 589 (6th Cir. July 27, 2016).
- Won full summary judgment for a component part supplier in a California federal court strict product liability case involving a failed microtunnel boring machine. Resulted in published opinion: Nada Pac. Corp. v. Power Eng’g & Mfg., Ltd., 73 F. Supp. 3d 1206 (N.D. Cal. 2014).
- Won full summary judgment for a national automobile insurance company client in Montana state and federal court actions alleging that insurer was required to “stack” or multiply third-party liability coverage limits for the number of vehicles insured despite only one vehicle being involved in an accident. Morris v. Progressive Northwestern Ins. Co. et al, No. CV 16-6-BU-SEH, 2016 WL 6534180, at *1 (D. Mont. Nov. 2, 2016) (appeal pending).
- Won full summary judgment for a national automobile insurance client in Colorado federal court insurance bad faith case by arguing that excess judgment entered against insured was void due to a pre-existing release of insured by injured driver.
- Won full summary judgment for a manufacturer of concrete-block-making equipment in a Nebraska federal court product liability case involving injuries sustained in a block-making plant.
- Won full judgment on the pleadings for a national insurance company client in a putative Montana federal court class action concerning the “made whole” rule and insurance policy bar on duplicate recoveries. Simultaneously defeated plaintiffs’ cross-motion for summary judgment.
- Won recommendation of full dismissal by federal magistrate judge on behalf of an e-commerce health insurance broker client on consumer protection and misrepresentation claims. Recommendation resulted in dismissal of all claims against the client prior to the federal court’s adoption of the magistrate judge’s recommendation.
- Won summary judgment for facility-services client on all cross-claims filed by co-defendant in a Nevada state court contract dispute. Achieved dismissal of all but one of the plaintiff’s claims, leading to settlement of the remaining claim.
- Won partial summary judgment in an Iowa federal court contract dispute between a client and a subcontractor that provided services on a control system for operating robotic cranes in a Canadian pipe-producing facility.
- Won preliminary and permanent injunctions in Florida federal court against former independent distributors of a network marketing company client. Injunctions prohibited former distributors from soliciting client’s customers. Limu Co., LLC v. Dean, No. 6:12-CV-255-ORL-31, 2012 WL 2384422, at *1 (M.D. Fla. June 5, 2012), report and recommendation adopted, No. 6:12-CV-255-ORL-31, 2012 WL 2384049 (M.D. Fla. June 25, 2012).
- Defeated motion for summary judgment filed against an oil and gas producer client in a Wyoming state court case in which landowner sued to cancel the client’s lease for alleged failure to produce in paying quantities. The case subsequently settled.
- Defeated a motion for summary judgment filed against a client in Colorado state court in a partnership dissolution dispute.
