Eric Fisher

Partner

Eric Fisher is a partner with Reilly Pozner LLP. His experience focuses on complex commercial litigation, class actions, oil and gas litigation, appellate practice, and insurance coverage litigation. In the past year, Eric has spent considerable time defending one of Colorado's leading oil and gas companies in a class action royalty dispute involving numerous, complex legal and scientific issues.

Eric has extensive class action experience for both plaintiffs and defendants. On the defense side, his experience includes (1) a present defense in a natural gas royalty dispute; (2) a defense verdict in favor of a National Football League franchise in a lawsuit brought by season ticket holders; and (3) the denial of class certification in a proposed nationwide class of unionized retirees for lifetime health benefits under ERISA. The retiree health benefits case, brought against GenCorp (formerly General Tire), was resolved on favorable terms after the denial of certification was upheld by the Sixth Circuit Court of Appeals.

On the plaintiff side, Eric gained class certification for a group of executives in an ERISA benefits case against DuPont and represented a class of Las Vegas homeowners for damages caused by faulty construction of their homes. Both cases resulted in favorable settlements. In addition, Eric successfully argued for certification of a class of welfare recipients in a pro bono suit by the Colorado Lawyers Committee. Eric helped to win a significant victory for the welfare recipients at trial, securing nearly $1 million in wrongly withheld benefits.

Eric also has developed expertise in insurance coverage and bad faith litigation-both for policyholders and insurers. On the policyholder side, Eric played a significant role in convincing the Colorado Supreme Court to issue a landmark decision that insurance companies are subject to the Colorado Consumer Protection Act. On the insurer side, Eric recently represented Zurich on a coverage case of critical importance addressing the scope of coverage under comprehensive general liability policies for damages caused by faulty construction of homes. The Colorado Court of Appeals in 2005 issued a favorable opinion for Zurich that was upheld by the Colorado Supreme Court in all material respects. Eric also is representing United of Omaha in a bad faith action that is on remand after two prior decisions by the Colorado Supreme Court. The Cour of Appeals recently affirmed summary judgment in favor of United of Omaha.

Eric also recently resolved, on favorable terms, a dispute between a minor league hockey team, the Broomfield Ice, with another Central Hockey League team over the scope of protected territories. Eric's litigation experience has involved such wide-ranging areas as antitrust, telecommunications, trademark, and numerous contract disputes.

Bar and Court Admissions

  • Colorado
  • United States District Court for the District of Colorado
  • United States District Court for the Northern District of Ohio
  • Sixth Circuit Court of Appeals
  • Tenth Circuit Court of Appeals
  • United States Supreme Court

Professional Memberships

  • Denver and Colorado Bar Associations
  • Colorado Trial Lawyers Association

Education & Accomplishments

  • University of Colorado School of Law, J.D., 1996
  • Cornell University, B.A., 1990
  • Individual of the Year, Colorado Lawyers Committee, 1999
  • Author, Habitat Conservation Planning under the Endangered Species Act: No Surprises and the Quest for Certainty, University of Colorado Law Review, Vol. 67, 1996
  • Recipient, 1996 Cortland H. Peterson Writing Award
  • Law Clerk to Judge James S. Casebolt of the Colorado Court of Appeals, 1996-97