John Vaught's practice emphasizes complex insurance defense, including class actions, securities fraud class actions, corporate governance issues, liability and director and officer insurance disputes, trade secrets, intellectual property, commercial, and antitrust. In addition, Mr. Vaught has substantial litigation, mediation, and trial experience in the federal courts and in Colorado and Missouri involving complex commercial litigation, including the defense of class action litigation. He has successfully defeated every motion for class certification (other than settlement classes) in the dozens of major class actions involving securities fraud, insurance and consumer products.
A representative list of cases Mr. Vaught has handled includes the following:
Insurance Trial Practice 2012-2013
- Mr. Vaught successfully tried a three-week jury trial in Denver District Court regarding USAA's alleged bad faith in handling a property damage claim in Clear Creek County, Colorado. The jury returned a defense verdict in less than one hour.
Class Action Defense Involving Insurance Matters
- Successfully represented numerous insurance companies in approximately 25 purported class actions filed on behalf of all Colorado policyholders regarding extended personal injury protection coverage and related bad faith allegations.
- Successfully represented USAA in a purported class action involving the alleged failure to offer extended personal injury protection (APIP) to its member in violation of the Colorado PIP statute.
- Served as principal counsel to Allstate Insurance Company for class action litigation in Colorado. Successfully represented Allstate in a purported nationwide class action relating to its customer service and quality pledge programs.
- Served as principal counsel to Allstate Insurance Company in purported class actions and non-class cases involving the alleged failure to properly offer extended PIP coverage to all its insureds in Colorado and regarding UM/UIM, motorcycle PIP coverage, and diminished value litigation. Mr. Vaught successfully defended approximately 100 APIP cases for Allstate entities.
- Successfully represented County Mutual Insurance Compnay in a purported Colorado class action relating to automobile coverage and premium pricing.
- Successfully represented Security Life of Denver before the Colorado Supreme Court and in federal court in matters involving the Colorado Consumer Protection Act.
- Served as class action counsel to Aetna and Aetna US Healthcare in alleged class litigation filed throughout the United States, including a class challenge to a nationwide HMO system of health care.
- Served as principal counsel to Aetna Health Plans in statewide class litigation in Colorado over alleged violations involving coordination of benefits with Colorado automobile no-fault carriers.
- Served as Colorado class action counsel to Liberty Mutual and Zurich Insurance relating to alleged improper payment to Colorado health care providers for treatment of workers' compensation patients.
- Served as Colorado counsel to Tenet Healthcare in actions alleging psychiatric false imprisonment by mental health facilities operating in Colorado.
- Served as defense counsel to Allied Insurance in a purported class action involving the alleged under-payment of PIP benefits.
Class Action Defense involving Securities and Consumer Fraud Issues
- Retained in March 2010 to advise outside directors in sections 11 and 10b securities fraud class action in the U.S. District Court for the District of Colorado.
- Represented Amdura Corporation in sections 11 and 10b securities fraud/shareholder class litigation.
- Represented American Airlines & AMR in class actions involving jet fuel and Avgas tax and baggage handling equipment at Denver International Airport.
- Represented Seymour Cray and Cray Computer Corp in section 10b securities fraud/shareholder class litigation over the development of the Cray III supercomputer.
- Represented Burt Buick Pontiac GMC Truck in a statewide class action with review sought in the U.S. Supreme Court involving the Telephone Consumer Protection Act, including right to privacy issues.
- Represented Citicorp Diners Club in a nationwide class action against all officers and enlisted personnel in the U.S. Air Force relating to purported fraud in the Diners Club frequent flyer and cardmember bonus programs.
- Represented Quovadx Corporation in section 10b securities fraud/shareholder litigation over the exchange offer with Rogue Wave Corporation.
- Represented Meredith Corporation in securities fraud/franchise class litigation.
- Represented Pace Membership Warehouse, predecessor to Costco, in section 10b securities fraud/shareholder class litigation.
- Represented Texaco in a nationwide class action filed by all female employees.
- Represented Whirlpool and Sears in a nationwide consumer fraud class action involving a microwave oven recall.
General Commercial Litigation Matters
- Represented Vestas in litigation involving wind-energy systems.
- Represented Chrysler Group LLC in Oregon involving dealership arbitrations following Chrysler LLC's bankruptcy in 2010.
Appeals
- Has handled numerous appeals in the United States Court of Appeals for the Tenth Circuit, and in the Colorado Supreme Court and Colorado and Missouri courts of appeals.
- Recently represented Security Life of Denver Insurance Company before the Colorado Supreme Court in an appeal of a critical Colorado Consumer Protection Act issue.
- Recently represented a member of the U-Haul family before the Colorado Court of Appeals.
Gibson, Dunn & Crutcher, LLP, Partner
Holland & Hart LLP, Partner
Best Lawyers in America
Commercial Litigation, 2007-2013
Insurance Law, 2007-2013
Securities Litigation, 2013
Colorado Super Lawyers
Appellate, 2012-2013
Class Action/Mass Torts, 2006-2011
Colorado Top 100, 2013
Colorado Top 50, 2008, 2010
Best of the Bar, Denver Business Journal
Commercial Litigation, 2005
Martindale-Hubbell AV® Preeminent Peer Review Rated
American Bar Association
Colorado and Wyoming Representative to the Executive
Committee, ABA Young Lawyers' Division, 1984-1985
Colorado Lawyers for Colorado Veterans
Chair, 2012-2013
Colorado Bar Association
Member, Board of Governors, 2000-2002, 2012-2013
Member Liaison and Budget Committee, Colorado Bar Association and Denver Bar Association 2012-2013
Founding Chair, CBA Military & Veterans Affairs Section, 2012-present
Co-Chair, Colorado Lawyers for Colorado Veterans Committee, 2012-present
Standing Committee for CBA Mentoring Program, 2012-present
Member, Budget Committee, 2011
Member, Task Force on Multidisciplinary Practice, 1999
Nominee, Young Lawyer of the Year, 1984
Founder and former Chairman, Securities Litigation Subsection of Litigation Section, 1993-1996
Reporting Liaison, Chief Justice's Commission on Civil Justice
Colorado Bar Foundation
Fellow
Member, Board of Tustees, 2013
Member, Board of Directors and Treasurer, 2012-2015
Denver Bar Association
President-Elect, July 2013-2014
First Vice President, 2012-2013
First Vice President-Elect., 2011-2012
Member, Board of Trustees, 2012-2015
Member, Three Person Executive Committee
Host Committee, DBA Barrister's Ball, 2012-2013
Board Member, Barrister's Benefit Ball Fundraising Committee, 2013
Member, Nominating Committee, 1989
Chairman, Young Lawyers' Section, 1984
Member, Board of Governors, 1984-1985; 2000-2002
Defense Research Institute
Reporting Liaison, Chief Justice's Commission on Civil Justice
Reporting Member, 2013
Mentor Pilot Program
Standing Committee, 2011-present
Tenth Circuit Judicial Conference
Member, 1984-present
Committee Member, Program and Host Committee, 1998
National Institute for Trial Advocacy
Faculty Member, 1992-present
Appointed Member, International Faculty, 1999
University of Colorado Trial Advocacy Program
Faculty Member, 1990-1991
St. Mary's University School of Law Alumni Association
Member, Board of Directors, 1992-1994
St. Mary's University School of Law commencement speaker, May 2013
National Institute for Trial Advocacy
Faculty, 1992-Present
International Faculty
University of Colorado Trial Advocacy Program
Lecturer on the history of the Vietnam War
- Colorado
- Texas (Inactive)
- U.S. District Court for the District of Colorado
- U.S. Court of Appeals for the Tenth Circuit
- U.S. Supreme Court
- Numerous pro hoc vice admissions
National Institute for Trial Advocacy
Faculty, 1992-Present
International Faculty
University of Colorado Trial Advocacy Program
Lecturer on the history of the Vietnam War
Best Lawyers in America
Commercial Litigation, 2007-2013
Insurance Law, 2007-2013
Securities Litigation, 2013
Colorado Super Lawyers
Appellate, 2012-2013
Class Action/Mass Torts, 2006-2011
Colorado Top 100, 2013
Colorado Top 50, 2008, 2010
Best of the Bar, Denver Business Journal
Commercial Litigation, 2005
Martindale-Hubbell AV® Preeminent Peer Review Rated
American Bar Association
Colorado and Wyoming Representative to the Executive
Committee, ABA Young Lawyers' Division, 1984-1985
Colorado Lawyers for Colorado Veterans
Chair, 2012-2013
Colorado Bar Association
Member, Board of Governors, 2000-2002, 2012-2013
Member Liaison and Budget Committee, Colorado Bar Association and Denver Bar Association 2012-2013
Founding Chair, CBA Military & Veterans Affairs Section, 2012-present
Co-Chair, Colorado Lawyers for Colorado Veterans Committee, 2012-present
Standing Committee for CBA Mentoring Program, 2012-present
Member, Budget Committee, 2011
Member, Task Force on Multidisciplinary Practice, 1999
Nominee, Young Lawyer of the Year, 1984
Founder and former Chairman, Securities Litigation Subsection of Litigation Section, 1993-1996
Reporting Liaison, Chief Justice's Commission on Civil Justice
Colorado Bar Foundation
Fellow
Member, Board of Tustees, 2013
Member, Board of Directors and Treasurer, 2012-2015
Denver Bar Association
President-Elect, July 2013-2014
First Vice President, 2012-2013
First Vice President-Elect., 2011-2012
Member, Board of Trustees, 2012-2015
Member, Three Person Executive Committee
Host Committee, DBA Barrister's Ball, 2012-2013
Board Member, Barrister's Benefit Ball Fundraising Committee, 2013
Member, Nominating Committee, 1989
Chairman, Young Lawyers' Section, 1984
Member, Board of Governors, 1984-1985; 2000-2002
Defense Research Institute
Reporting Liaison, Chief Justice's Commission on Civil Justice
Reporting Member, 2013
Mentor Pilot Program
Standing Committee, 2011-present
Tenth Circuit Judicial Conference
Member, 1984-present
Committee Member, Program and Host Committee, 1998
National Institute for Trial Advocacy
Faculty Member, 1992-present
Appointed Member, International Faculty, 1999
University of Colorado Trial Advocacy Program
Faculty Member, 1990-1991
St. Mary's University School of Law Alumni Association
Member, Board of Directors, 1992-1994
St. Mary's University School of Law commencement speaker, May 2013
Law Clerk to The Honorable Robert H. McWilliams, United States Court of Appeals for the Tenth Circuit
United States Navy, Lieutenant
During the Vietnam war he served with the Naval Advisory Group, ISB Cho Moi, Republic of Vietnam, and later served as Department Head with the U.S. Naval Communications Station, Italy.