J. Barton Maxwell

Barton Maxwell is a practicing attorney with over 3 decades of experience in all phases of litigation, including initial client intake, pleadings, discovery, motions, alternative dispute resolution, trial, and appeals. He is an experienced litigator with the highest integrity and has a great understanding of his clients’ needs. Barton has handled numerous jury trials, arbitrations and trials to the court. He has a 95% success rate for defense verdicts throughout Colorado and appeals before the Colorado Court of Appeals, the Colorado Supreme Court, the United States Court of Appeals for the Tenth Circuit, and the Colorado Industrial Claim Appeals Office.

Work History

Barton has a wealth of experience defending clients during all phases of civil litigation from pre-suit investigation, defense of suits brought in trial courts in Colorado and in federal district courts, and defending against the appeals brought by unsuccessful plaintiffs. Barton specializes in construction defect, premises liability, product liability, auto accidents, wrongful death, uninsured motorist claims, property damage, employment, and appeals. Barton’s work in construction defect litigation has included successfully defending subcontractors in large multi-party cases as well as single-home cases with limited parties. He defends contractors specializing in earthwork, utilities, concrete and asphalt flatwork, foundations, framing, plumbing, drywall, roofing, and landscaping. Barton also defends general contractors and prosecutes third party claims.

Education

  • Juris Doctor: University of Denver College of Law, 1989
  • B.S.: Colorado State University, 1986
    • Psychology and Political Science

Bar Admission

  • Colorado, 1989
  • U.S. District Court, District of Colorado, 1990
  • U.S. Court of Appeals, Tenth Circuit,1990

Professional Associations

  • Colorado Bar Association
  • Colorado Defense Lawyers Association

Reported Cases

  • Rotz v. Hyatt Corp., 296 P.3d 164 (Colo. App. 2012)
  • 40 Madison Homeowners Association, Inc. v. Angel’s Plastering, Inc., 10CA2431 (Colo. App. 2011)(n.s.o.p.)
  • Wyle v. Skiwatch Condominium Corp., 183 Fed. Appx. 760 (10th Cir. 2006)
  • Faulkner v. Industrial Claim Appeals Office, 12 P.3d 844 (Colo.App. 2000)
  • Lane v. Fire and Police Pension Association, et. al., No. 94CA1405 (Colo. App. 1994)(n.s.o.p.)
  • Herrera v. Allstate Insurance Co., No.90CA1701 (Colo. App. 1991)(n.s.o.p.)
  • Colorado Insurance Guaranty Association v. Harris, 815 P.2d 983 (Colo.App. 1991)

Representative Experience

  • 95% success rate for defense verdicts or decisions following jury and bench trials and arbitrations.
  • 100% success rate in defense of appeals brought by unsuccessful plaintiffs, including a construction defect case where plaintiffs were seeking in excess of $3,500,000 and a toxic smoke inhalation case where plaintiff was claiming over $1,500,000 in damages.
  • Obtained multiple summary judgments in construction defect litigation and premises liability cases.
  • Member of a defense litigation team involving wide-ranging environmental pollution claims with asserted damages over $250,000,000.
  • Frequently obtain “walk-away” dismissals of claims brought against clients.