Janette L. Ferguson

Janette L. Ferguson

Partner

P: 303.892.7486

F: 303.893.1379

Assistant

Brigid Bungum

P: 303.892.7542

Admitted In

  • Colorado
  • California

Janette Ferguson is an experienced litigator and has represented corporate, individual, and representative clients. She has experience in trials, mediations, and arbitrations in the following kinds of matters:

Class Action Litigation

  • Consumer class actions against personal-lines insurance carriers
  • Consumer class actions against computer retail market
  • Shareholder class actions
  • Class actions for copyright infringement
  • Representation of intervenors/objectors in tobacco industry class actions
  • Colorado wage and hour class actions

Commercial Litigation

  • Breach of contract claims
  • Fraud and misrepresentation claims
  • Breach of fiduciary duty claims
  • Business tort claims
  • Consumer Protection Act claims

Environmental Law/Public Lands

  • NEPA compliance and litigation
  • Cultural resources and religious freedom litigation
  • Litigation consultation/advice-Endangered Species Act

Insurance Coverage

  • Property insurance coverage advice and bad faith litigation including disputes arising out of:
    • Business interruption
    • Loss of use
    • Hurricane wind and water damage
    • Equipment damage/mechanical failure
  • Liability insurance coverage
  • Insurance subrogation
  • Primary and excess carrier disputes
  • Reinsurance 

Prior to joining Davis Graham & Stubbs LLP in 2001, Ms. Ferguson was a partner with, and the assistant managing partner of the San Francisco, California office of Robins Kaplan Miller & Ciresi LLP.

Education

Santa Clara University, J.D., 1989
University of Colorado, B.A., 1986

References to Reported Cases

  • Represented majority/controlling shareholders and officers in defending class action lawsuit alleging breach of fiduciary duty related to the sale of convertible preferred securities in family-controlled business to related family trusts. (Kim v. Grover C. Coors Trust, et al., — P.3d—, 2007 WL 686912 (Colo. App. 2007))
  • Represented employer in wage and hour class action by claims adjusters alleging improper “exempt” classification and claiming entitlement to overtime compensation. (Chase v. Farmers Ins. Exchange, 129 P.3d 1011 (Colo. App. 2004))
  • Represented insurer in two class actions concerning the marketing and sale of UM/UIM coverage on multiple household vehicles. (Benzing v. Farmers Ins. Exchange, 179 P.3d 103, Colo. S.C. 206 P.3d 812 (Colo. 2009) and Thacker v. Farmers Ins. Exchange, 2006 WL 1932660 (D.Colo. 2006))
  • Represented objector/intervenor in opposing “limited-fund” cram down class action settlement by cigarette manufacturers and one group of plaintiffs’ lawyers. (Walker v. Liggett Group, Inc., 982 F.Supp. 1208 (S.D.W.Va. 1997); Walker v. Liggett Group, Inc., 175 F.R.D. 226 (S.D.W.Va. 1997))
  • Represented authors of articles published in collective works in class action against document retrieval and delivery business for copyright infringement. (Ryan v. CARL Corp., 23 F.Supp.2d (N.D.Cal. 1998))
June 2009

Chambers USA Reaffirms High Marks for Davis Graham & Stubbs Environmental Law and Corporate Practices

Davis Graham & Stubbs LLP has been recognized again in Chambers USA: America’s Leading Lawyers for Business in the areas of Environmental, Corporate/M&A, Labor & Employment and Commercial Litigation.

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May 2009

Religious Freedom Restoration Act

The United States Supreme Court has been asked to, and may soon, provide guidance on the Religious Freedom Restoration Act ("RFRA").  RFRA prohibits government action that "substantially burdens" the exercise of religion if the government cannot establish that its actions are the least restrictive means to further a compelling interest.

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January 2005

Davis Graham & Stubbs Names New Partners

Davis Graham & Stubbs is pleased to announce that three of its attorneys have become partners in the firm. The new partners are Janette L. Ferguson, Victoria V. Johnson and Jonathan W. Rauchway. 

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