Daniel N. Nightingale

Class Actions

• Won reversal of an order certifying a class of tens of thousands of policyholders against a major automobile insurance company in the Fifth Circuit in a nine-figure class action. Represented the same client in similar cases across the country, including appeals in the Sixth and Ninth Circuits and trial proceedings in numerous federal district courts.
• Won dismissal of products liability claims against a major kitchen appliance manufacturer in a class action covering three states and including tens of thousands of class members. The case settled on favorable terms to the client.

Commercial Litigation

• Won affirmance of a favorable jury verdict for a general partner of a real estate company in a complex commercial dispute with the company’s limited partners.
• Represented an oil and gas company as post-trial and appellate counsel to defend a verdict of over $40 million in a complex commercial dispute involving an agreement to develop hydrocarbon assets.
• Represented a medical device manufacturer in post-trial and appellate proceedings in a case that raised novel questions of Colorado products liability law.
• Won a take-nothing judgment after a full bench trial for an oil company in an employment dispute with an executive.

Constitutional Law

• Won reversal of an adverse standing ruling in the Tenth Circuit for a nonprofit taxpayer advocacy group challenging state registration and disclosure regulations.
• Won reversal of multiple adverse rulings in the Fifth Circuit for a publisher raising First Amendment challenges to state statutes concerning 3-D printing instructions.
• Represented several minority groups in filing a U.S. Supreme Court amicus brief that was quoted in a concurring opinion in a landmark Second Amendment case.