Practice Areas

Industries

Representative Clients

Advanced Bionics - National Trial Counsel
CenturyLink
City & County of Denver
CoorsTek
Crown Equipment - Regional Trial Counsel
Denver International Airport
Dish Network
Fresenius - National Counsel
General Electric - National Trial Counsel
Great-West Life & Annuity Insurance
Guidant - National Trial Counsel
High net-worth individuals
Lawyers and Law Firms
Level 3 Communications
Michelin North America, Inc.
Skyjack

Michael L. O'Donnell

Firm Chair

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P 303.244.1850
| F 303.244.1879

Education

University of Denver Sturm College of Law, J.D., 1979
University of Notre Dame, B.A., 1976, English

Practice Areas

Industries

"Tremendous trial and negotiation skills" and
"a presence that commands respect."

–Client comments to
Chambers USA 2018

Michael O'Donnell is a founder and the chairman of Wheeler Trigg O'Donnell. His national litigation practice focuses on complex civil litigation involving product liability, professional liability, torts, class actions and mass actions, commercial litigation, and bet-the-company matters. Mike has appeared as lead counsel in state and federal courts in 40 states, and he has served as national trial and resolution counsel for numerous highly visible companies, including General Electric, Michelin North America, Advanced Bionics, McKesson, Boston Scientific, Guidant, Skyjack, and Pfizer.

A Fellow and Officer of the American College of Trial Lawyers, Mike also served as Regent for the 10th Circuit from 2012 to 2016. He also served as chairman of the ACTL's Colorado chapter. He is a Fellow of the International Academy of Trial Lawyers and member of the American Board of Trial Advocates. Mike is a former chairman of The Network of Trial Law Firms, a 7,000-member lawyer organization that offers continuing legal education programs on litigation topics.

Chambers USA ranks Mike nationwide for product liability and mass torts defense. Colorado Super Lawyers has ranked Mike the number-one lawyer in Colorado for seven years in a row (2013-2019) based on independent research and a survey of his peers--a feat no other Colorado lawyer has accomplished--and he has been named to its top 10 list every year since 2009. Best Lawyers lists Mike in seven litigation practice areas and named him "Denver Legal Malpractice Lawyer of the Year" for 2017 and 2011, and "Denver Product Liability Litigation Lawyer of the Year" for 2013 and 2012. In 2011, Law Week Colorado selected Mike as one of 10 "Lawyers of the Decade" and "Lawyer of the Year" in Colorado. In a survey conducted by Law Week Colorado in 2010, Mike was selected by his peers as the "Best Trial Lawyer" in Colorado.

In 2012, Mike was honored with the University of Denver Law Outstanding Alumni Award which is presented each year to one DU Law graduate who has demonstrated professional achievement and humanitarian service to the community. In 2008, he became only the seventh defense lawyer to receive an award from the Colorado Trial Lawyers Association for the highest standards of competency, ethics, and professionalism.

Legal Memberships, Activities, and Honors

Fellow, American College of Trial Lawyers
Treasurer, 2019-2020
  Secretary, 2018-2019
    Regent, 2012-2016
  Regent Liaison for ACTL Task Force on Discovery and Civil Justice,
  2013-2015
  Sandra Day O'Connor Award Committee, 2013-2015
  Federal Rules of Civil Procedure Committee, 2013-2015
Regent's Nominating Committee
      Chair, 2016
    Special Problems in the Administration of Justice Committee, Vice
      Chairman, 2011-2012
    Adjunct State Committee, 2011-2012
    Colorado State Committee, Chairman, 2008-2010
    Chairman-Elect, 2007-2008, Vice Chairman, 2006-2007
    Code of Conduct Committee, 2007-2008
    Complex Litigation Committee 2004-2005
Fellow, International Academy of Trial Lawyers
American Board of Trial Advocates
    Member
Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
    Member, Diversity Law Institute
    Member, Trial Law Institute
International Association of Defense Counsel
    Member
Chambers USA
   Product Liability - Nationwide, 2015-2019
   Commercial Litigation - Colorado, 2009-2019
BTI Consulting
    Client Service All-Star, 2019
The Best Lawyers in America
  Denver Legal Malpractice Law - Defendants Lawyer of the Year, 2011, 2014, 2017, 2020
Denver Personal Injury Litigation Lawyer of the Year, 2015, 2018
Denver Product Liability Litigation Lawyer of the Year, 2012-2013, 2019
    Bet-the-Company Litigation, 2005-2020
    Commercial Litigation, 2005-2020
    Legal Malpractice Law, 2005-2020
  Mass Tort Litigation / Class Actions - Defendants, 2017-2020
    Personal Injury Litigation - Defendants, 2005-2020
    Product Liability Litigation - Defendants, 2005-2020
  Professional Malpractice Law - Defendants, 2017-2020
The Legal 500 United States
    Litigation: Product Liability and Mass Tort Defense, 2007, 2009-2011,
    2013
Benchmark Litigation
    Commercial Litigation - Colorado, 2011-2018
    Product Liability - Colorado, 2013-2018
    Professional Liability - Colorado, 2013-2018
Colorado Super Lawyers
    Ranked #1 in Colorado, 2013-2019
    Top 10, 2007, 2009-2019
    Personal Injury Defense: Products, 2009-2019
    Class Action/Mass Torts, 2006-2008
Law Week Colorado
Lawyer of the Year, 2016
  "People's Choice" Best Overall Litigator, 2017
"People's Choice" Civil Litigator, 2016
  "Barrister's Best" Best Overall Litigator, 2015, 2019
"People's Choice" Class Action Defense Lawyer, 2014
    "Barrister's Best" Best Class Action/Mass Tort Defense Lawyer, 2012
    Lawyers of the Decade, 2011
    "Barrister's Best" Best Trial Lawyer, 2010 5280 Magazine
Top Lawyer
Personal Injury Defense, 2015-2019
Civil Litigation, 2015-2019
Commercial Litigation, 2017-2019
University of Denver Sturm College of Law
    Outstanding Alumni Award, 2012
Euromoney's Expert Guides - Litigation and Product Liability
Martindale-Hubbell AV® Peer Review Rated
The International Who's Who of Product Liability Defense Lawyers, 2011, 2014-2017, 2019
The International Who's Who of Life Sciences Lawyers, 2014, 2017
Institute for the Advancement of the American Legal System (IAALS)
  ACTL Task Force on Discovery and Civil Justice, member
  2015 Rebuilding Justice Award
Colorado Trial Lawyers Association
    Award for Competency, Ethics, and Professionalism, 2008
The American Lawyer
    Top Commercial Litigation Lawyers, 2006
Corporate LiveWire
    2014 Lawyer of the Year - Litigation & Dispute Resolution (Denver)
Best of the Bar, Denver Business Journal
Colorado Bar Foundation
    Fellow
The Network of Trial Law Firms
    Chairman, 2005-2006
Denver Bar Association
    Vice President, Board of Trustees
Colorado Bar Association
    Member, Board of Governors
American Bar Association
    Chairman, Issues Affecting the Legal Profession
    Young Lawyers Section Liaison to Standing Committee on
        Professional Discipline
American Bar Foundation
    Fellow
Judge William E. Doyle American Inn of Court, Master
Denver Law Club
Faculty of Federal Advocates
    Board of Directors, 2004-2005
Defense Research Institute
    Member, Professional Liability Committee
Colorado Defense Lawyers Association
USDC Colorado Committee on Conduct, 2012
Who's Who in Law, Denver Business Journal
University of Denver Sturm College of Law
    Co-Chair of Reunion Committee, 2004
Colorado Judicial Institute
    Board of Directors, 2004-present
    Judicial Awards Committee, 2006-present
IAALS Law Firm Council
    Founding member
National Center for State Courts
    Lawyers Committee Member

Community Memberships, Activities, and Honors

Wheeler Trigg O'Donnell Foundation
    Founder and President, 2005-present
University of Notre Dame Law School Council, 2019
Archdiocese of Denver
    Finance Council, 2008-2013
Catholic Charities Archdiocese of Denver
    Board Member, 2010-present
Denver Police Foundation
    Board of Directors, 2004-present
Walking for Kids
    Founding Member, Board of Directors, 2009-present
Trial.com Foundation, Inc.
    President, 2005-2006
The Catholic Foundation
    Board of Directors, Advancement Committee, 2004-2005
American Heart Association of Colorado and Wyoming
    Chairman of the Board
American Heart Association of Colorado
    Denver Metro Division, Chairman of the Board
Denver Tennis Club
    Board of Directors
The Village Club
    President
Hundred Club of Denver
    Member

Teaching Positions

BAR-BRI Course on Professional Responsibility
National Institute for Trial Advocacy
University of Denver Sturm College of Law
Guest Lecturer
University of Colorado at Denver, MBA Program
Guest Lecturer
Numerous CLE Presentations

Personal Interests

Family, golf, reading, travel

Michael O'Donnell has appeared as lead defense counsel in 40 states for class and mass actions, product liability, professional liability, and complex commercial matters for many of the nation's leading companies. Mike is a Fellow and national Officer of the American College of Trial Lawyers. He is nationally ranked in Chambers USA, and his colleagues and peers have voted him the #1 lawyer in Colorado Super Lawyers for seven consecutive years.

Representative Cases

In re Gadolinium-Based Products Liability Litigation, MDL No. 2868 (J.P.M.L. 2018) - As lead national trial counsel to GE Healthcare, defeated plaintiffs' attempt before the U.S. Judicial Panel on Multidistrict Litigation to create an MDL involving gadolinium-based contrast agents.
Won a landmark federal case in Illinois defining the obligations of lead and liaison counsel in multidistrict litigation.
Auto-Owners v. Summit Park, 886 F.3d 852 and 886 F.3d 863 (10th Cir. 2018) - Won complete affirmance in the Tenth Circuit of landmark rulings governing insurance appraisals. In two published opinions, the Tenth Circuit affirmed trial court rulings vacating an eight-figure appraisal award against the client, disqualifying for bias a national policyholder appraiser, and sanctioning the policyholder and its lawyers for misconduct in connection with the appraisal.
Dukes v. Michelin (Nineteenth Jud. Cir. St. Lucie Cnty. FL 2016) - Won a complete defense jury verdict for Michelin following a nine-week product liability trial in Florida in which the plaintiffs requested damages between $80 million and $1.2 billion following a rollover accident involving Michelin tires. WTO also won the appeal.
Represented Denver International Airport in high-profile claims involving bid rigging and unfair competition relating to a $50 million terminal concessions contract.
Auto-Owners v. Summit Park, 2016 WL 1321507 (D. Colo.) - Won order vacating a $10.87 million property insurance award and disqualifying a national property appraiser, and subsequently won sanctions against the policyholder and its lawyers, and won 99.7% of attorneys' fees and costs.
Represented Denver International Airport against the Regional Transportation District in a dispute over cost sharing agreements involving a new rail line serving the airport.
Allen v. Michelin (Ariz. Sup. Ct. Mohave Cnty. 2015) - Won a unanimous defense verdict for Michelin following a three-week trial in Arizona state court in which the plaintiff demanded $20 million in actual and punitive damages.
Won a complete defense jury verdict in federal court for a large international law firm accused of malpractice. The plaintiff hired WTO's client to handle a complex patent infringement matter, then sued the firm for negligence and breach of fiduciary duty.
Served as national counsel to a global healthcare company in multidistrict litigation involving over 12,000 claims relating to dialysis products. WTO helped develop national resolution strategy, identified bellwether cases, and negotiated settlement of all claims.
Represent a Fortune 50 company as national resolution counsel in hundreds of cases involving a medical imaging contrast agent alleged to induce a rare disease.
Serve as national coordinating and trial counsel to a cochlear implant manufacturer for the defense of product liability lawsuits involving a Class III medical device used to treat hearing loss.
Represented a Fortune 500 company as national trial counsel for hundreds of product liability claims and lawsuits involving a Class III medical device used to treat abdominal aortic aneurysms.
Obtained summary judgment from a Texas district court in a case alleging WTO's client, a life insurance company, committed fraud and violated consumer protection laws.
Obtained a Rule 12(b) dismissal of a complaint filed in federal court in Missouri against a large international law firm. The plaintiffs ultimately obtained an eight-figure jury verdict against the remaining defendants in the case.
Secured a ruling from a California appeals court affirming the preemption of claims brought against WTO's client for its abdominal stent medical device.
Obtained a Rule 12(b) dismissal of a malpractice case against five lawyers. The opposing party appealed the dismissal and, while the appeal was pending, the case settled with no payments being made by WTO's clients.
Obtained summary judgment for a law firm client and an award of attorneys' fees in a legal malpractice case in which the plaintiff sought $7 million in damages. The plaintiff appealed the award of attorneys' fees, and the parties settled the appeal with payments being made to the client.
Obtained partial summary judgment in federal court on behalf of a large national law firm that had been sued for malpractice, aiding and abetting, conspiracy, and violations of RICO. The ruling reduced the damage claim from over $150 million to less than $2 million and paved the way for a favorable settlement of the case.
Awarded complete summary judgment in a legal malpractice case one week before a multi-week trial was scheduled to begin. The plaintiff had sought over $5 million in damages.
Moore v. Bertuzzi - Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction and forum non conveniens, and also obtained a six-figure award of attorney's fees and costs in favor of the Canucks organization and against Mr. Moore.
Vastano et al. v. AT&T Wireless - Defended AT&T Wireless in a nationwide class action in Colorado state court involving the billing of wireless air time.

Representative Clients

Advanced Bionics - National Trial Counsel
CenturyLink
City & County of Denver
CoorsTek
Crown Equipment - Regional Trial Counsel
Denver International Airport
Dish Network
Fresenius - National Counsel
General Electric - National Trial Counsel
Great-West Life & Annuity Insurance
Guidant - National Trial Counsel
High net-worth individuals
Lawyers and Law Firms
Level 3 Communications
Michelin North America, Inc.
Skyjack

Bar and Court Admissions

Colorado
Wyoming
U.S. District Court for the Central District of Illinois
U.S. District Court for the District of Colorado
U.S. District Court for the District of Wyoming
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Tenth Circuit
U.S. Supreme Court

Teaching Positions

Legal Memberships, Activities, and Honors

Government Service

Member, Federal Judicial Evaluation Committee for U. S. Senator Cory Gardner

Intern to the Honorable Sherman Finesilver, United States District Court for the District of Colorado