Jordan Lipp

Jordan Lipp is a litigator who has enjoyed wide-ranging success, both in the courtroom and through motion practice. He wrote the book on product liability law in Colorado, Product Liability Law & Procedure in Colorado, First Edition (CBA-CLE Books 2015), and he is an adjunct law professor at University of Denver's Sturm College of Law, where he teaches outdoor recreation and ski law. Mr. Lipp has received numerous recognitions for his work, including being previously named by the Colorado Civil Justice League, Colorado's tort reform coalition, as the Colorado Lawyer of the Year. Mr. Lipp's extensive experience and practice includes:

Product Liability: Mr. Lipp wrote the book on Colorado product liability law, and is one of the leading product liability defense attorneys in the Rocky Mountain region. He has had broad experience defending product manufacturers in lawsuits in Colorado and throughout the nation. Mr. Lipp represents virtually all types of companies regulated by the FDA, including pharmaceutical, medical device, dietary supplement, and food companies. Mr. Lipp also represents various manufacturers, including car, truck, machinery, farming, and consumer products manufacturers. He has defended hundreds of individual personal injury actions as well as coordinating mass tort actions, and his experience ranges from such areas as traumatic brain injury litigation to asbestos claims. He is active in the products liability world, including serving on the Law360 Product Liability Editorial Advisory Board. Whether at the summary judgment stage, through Daubert motions, or at trial, Mr. Lipp knows how to succeed in product liability cases. He also understands that his clients' reputation and the integrity of their products are their most valuable asset, and works vigorously to defend that reputation and integrity.

Faculty Positions Adjunct Professor, University of Denver Sturm College of Law

Outdoor Recreation and Ski Industry: A significant portion of Mr. Lipp's practice is devoted to defending ski areas, amusement parks, and other companies in the outdoor recreation industry. He has had numerous important successes defending these cases, winning multiple lawsuits at the motions stage on issues ranging from waivers to the equine statute. He teaches outdoor recreation and ski law at University of Denver's Sturm College of Law and is the author of the only article on horseback riding liability law in Colorado. Mr. Lipp also provides a unique understanding of the issues facing his clients in the outdoor industry, he has been a ski patroller for over 20 years and an avalanche safety instructor for over 15 years, as well as being a guidebook author.

Additional Tort Defense Work: Mr. Lipp has successfully defended numerous other tort/personal injury claims outside of the context of product liability and outdoor industry matters, including cases involving wrongful death, premises liability, construction accidents, aviation accidents, explosions, trespass, and vehicle accidents.

General Commercial Litigation: Whether as local counsel or lead counsel, Mr. Lipp has represented a wide variety of companies in general commercial litigation matters including contract, insurance, environmental, intellectual property, natural resources, employment, securities, and real estate matters.

Risk Management and Lawsuit Avoidance: Avoiding claims and lawsuits, whether through warnings, releases, regulatory compliance, working with regulatory agencies, or other methods, is critical for companies. Based upon his experience defending companies in product liability litigation, Mr. Lipp has gained broad familiarity with the regulatory frameworks that govern manufacturers of various products. In addition to his book on Colorado product liability law, he also authored the seminal article on food, beverage, and dietary supplement law in Colorado. He counsels manufacturers, producers, and distributors on warnings to reduce the risk of litigation. And, He counsels clients on compliance with various regulations (including recalls), such as those promulgated by the FDA, USDA/FSIS, CPSC, OEHHA (Prop 65), and similar governmental entities.

Mr. Lipp also routinely counsels companies in the recreational industry based upon his years of experience defending ski resorts, amusement parks, horseback riding operations, and similar recreation focused companies on risk management and lawsuit avoidance. In this context, he has drafted countless releases and indemnification clauses to help reduce his clients' exposure to personal injury claims.

Additional Experience
Prior to joining Davis Graham & Stubbs LLP in 2005, Mr. Lipp served for two years as a Law Clerk for the Honorable Edward W. Nottingham, United States District Court for the District of Colorado. Prior to his clerkship, Mr. Lipp practiced commercial litigation at another Denver law firm.
Mr. Lipp is active in multiple defense organizations and has worked to promote tort reform, including testifying before the state legislature. Mr. Lipp has served as a special prosecutor for the City and County of Denver. In 2008, he served as a prosecutor for the Denver City Attorney's office's MCTAP program.
Mr. Lipp lives in Golden with his wife Heather and young daughter and son. When not working or spending time with his family, he is an avid skier, snowboarder, and ski mountaineer.

Books

• Jordan Lipp, Product Liability Law & Procedure in Colorado, First Edition (CBA-CLE Books 2015)
• Jordan Lipp, Backcountry Skiing Berthoud Pass (Summit Guidebooks 2005)

Clerkship

• 2003-2005 Law Clerk for The Honorable Edward W. Nottingham, United States District Court for the District of Colorado

Selected Publications

• Jordan Lipp, Risk and Kids, ADVENTURE PARK INSIDER, August 2015.
• Brenna Finn and Jordan Lipp, Colorado Businesses Face Increasing Threats of California Prop 65 Lawsuits, LAW WEEK COLORADO, May 2015.
• Jordan Lipp, Summer Ops and Tots: Risk management and litigation defense issues with children, SAM (SKI AREA MANAGEMENT) MAGAZINE, January 2015.
• Jordan Lipp and Ed Hafer, What's in the Package: Food, Beverage, and Dietary Supplement Law and Litigation, Part 1, Vol. 43, No. 7, THE COLORADO LAWYER, July 2014, at 77; What's in the Package: Food, Beverage, and Dietary Supplement Law and Litigation, Part 2, Vol. 43, No. 8, THE COLORADO LAWYER, August 2014, at 71.
• Jordan Lipp and Ed Hafer, Suit Opens Floodgates for Competitors [POM Wonderful decision], LAW WEEK COLORADO, July 2014.
• Marc Bonora and Jordan Lipp, The In-house Checklist of Steps for New Litigation, Vol. 32, No. 4, ACC DOCKET, May 2014, at 26.
• Jordan Lipp, Preventing or Limiting Repeated Depositions of Company Employees, Vol. 8, No. 2, IN-HOUSE DEFENSE QUARTERLY, June 2013, at 18.
• Jordan Lipp, Horse Law, A Look at the Equine Statute and Liability Law, Vol. 41, No. 7, THE COLORADO LAWYER, July 2012, at 95.
• Jeffrey Pilkington and Jordan Lipp, Plaintiff's Medical Care and Treatment, Discovery and Evidentiary Issues, ABA 50-STATE SURVEY OF THE LAW (Colorado and Wyoming chapters), January 2011.

Select Honors and Awards

• The Best Lawyers in America: Commercial Litigation and Insurance Law, 2016.
• 5280 Top Lawyers, Personal Injury: Defense, 2015. Colorado Rising Star, Personal Injury Defense: Products (Super Lawyers Magazine, Thomson Reuters), 2010 through 2015.
• 50 for Colorado (Class of 2013).
• Colorado Civil Justice League's Colorado Lawyer of the Year, 2009.

Select Organizations and Memberships

• Colorado Civil Justice League
• Legal Advisory Board
• Law360 Product Liability Editorial Advisory Board
• Association of Ski Defense Attorneys
• Colorado Defense Lawyers Association
• DRI
• Faculty of Federal Advocates

Representative Federal Court Cases:

• Obtained a complete defense verdict for a tractor manufacturer after a three week jury trial in which the plaintiff requested $47 million.
• Prevailed on summary judgment for a travel insurance company in an international wrongful death action based upon insurance and causation issues.
• Obtained summary judgment for a medical device manufacturer based upon the state of the art doctrine.
• Obtained summary judgment for an industrial dishwasher servicer in a personal injury action by a kitchen employee.
• Obtained summary judgment for technology client in breach of contract action with one of its employee.
• Obtained summary judgment for a vehicle manufacturer in a product liability action based upon a lack of sufficient expert evidence by plaintiff.

Representative State Court and Arbitration Cases:

• Obtained a directed verdict for a client after a one week jury trial in an airplane crash case.
• Won summary judgment for a horseback riding operator in a traumatic brain injury case based upon Colorado's equine statute and a release.
• Prevailed on summary judgment for a service company in contribution action for a Legionnaire's disease incident.
• Prevailed in an international arbitration on the enforceability of a finder's fee agreement.
• Obtained a $5.7 million dollar judgment for client in an international breach of contract case.
• Prevailed on a motion to dismiss based upon a release for an adventure park stemming from a mountain coaster accident.
• Prevailed at trial for a mineral owner in a lawsuit brought by the surface owner. Obtained summary judgment for window manufacturer in a product liability action.
• Prevailed on summary judgment for vehicle manufacturer on breach of warranty claims.
• Obtained dismissals without settlement payments of multiple asbestos cases for multiple clients in various jurisdictions.

Representative National and Regional Coordinating Counsel Roles:

• Served as lead national coordinating counsel for a dietary supplement manufacturer in US litigation
• Part of Davis Graham & Stubbs national counsel team in metoclopramide litigation
• Served as regional counsel in the pain pump litigation
• Part of the regional counsel team in the diet drug litigation

Representative Published Decisions:

• Rumpf v. Sunlight, Inc., 2016 WL 4275386 (D. Colo. Aug. 3, 2016)
• Warne v. Hall, 2016 CO 50 (Colo. 2016) (amicus brief)
• Fleury v. IntraWest Winter Park Operations Corp., 2016 CO 41 (Colo. 2016) (amicus brief)
• Iversen v. AGA Serv. Co., 2016 WL 632072 (D. Colo. Feb. 17, 2016)
• Wise Sports Nutrition, LLC v. iSatori, Inc., 2015 WL 643275 (D. Colo. Feb. 12, 2015)
• Jakubauskas v. Ecolab, Inc., 2013 WL 1461541 (D. Colo. Apr. 11, 2013)
• Pavelko v. Breg, Inc., 2011 WL 782664 (D. Colo. Feb. 28, 2011)
• Hughes v. Titan Tech. Partners, Ltd., 2009 WL 5210133 (D. Colo. Dec. 23, 2009)