CONTACT US: 303.279.8300
Gabe McFarland
Partner
gabe@mcfarland.law
(303) 279-8300 x 2
Gabe McFarland has lived in Colorado for nearly 30 years and has been litigating cases in state and federal courts since 1995. Mr. McFarland’s practice emphasizes complex commercial litigation, including class action, toxic tort, product liability, construction, employment, insurance recovery, and patent and trademark litigation. Mr. McFarland has tried cases in both state and federal courts, has argued before the 10th Circuit and Federal Circuit Court of Appeals, and has extensive experience in alternative dispute resolution forums.
Prior to forming McFarland Litigation Partners, Mr. McFarland was a partner at Bieging, Shapiro, & Burrus, LLP. Before that, Mr. McFarland worked for The Beatty Law Firm, P.C., where he was responsible for three multi-million dollar patent infringement lawsuits and for environmental and toxic tort litigation throughout the country. During the previous six years Mr. McFarland was associated with the international law firm of McKenna & Cuneo, LLP, where he managed all phases of a sophisticated commercial litigation practice, including the prosecution of a $25 million claim against the U.S. Government.
Mr. McFarland is a 1995 graduate of the University of Denver, College of Law. During his tenure at the College of Law, Mr. McFarland served as an editor of the Transportation Law Journal and spent two years as a teaching assistant for the university’s legal research and writing class. Mr. McFarland received his Bachelor of Science degree in business administration from the University of Colorado at Boulder in 1992, graduating magna cum laude.
Mr. McFarland is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the U.S. Court of Appeals for the Tenth Circuit, and he has appeared before federal courts throughout the country.
Zach McFarland
Partner
zach@mcfarland.law
(303) 279-8300 x 3
Zach McFarland has spent over twenty years practicing exclusively in the areas of personal injury and insurance bad faith. Over those years, he has amassed a tremendous amount of expertise and knowledge. Zach knows the strategies and approaches that create prompt and successful resolutions for his clients. He knows the judges, defense lawyers, and insurance adjusters involved in these claims, and knows how to tailor his approach to best represent his clients’ interests.
Zach earned his undergraduate degree in International Political Economy from Colorado College in 1995. He graduated from The University of Colorado School of Law in 1998. While most of his friends and classmates were struggling with what to do with their law degrees, or bouncing from firm to firm, Zach had no doubts where his career would take him. Zach’s father was a personal injury attorney, and he grew up watching him represent people who had been injured or wronged though no fault of their own. He watched his dad help these victims and their families put their lives back together after tragic accidents. He saw how these people were treated by big insurance companies if they didn’t have a lawyer, and how badly they needed someone to level the playing field. Zach always knew that he wanted to do the same thing as his father, so they formed McFarland Law Offices in 1998. Since that time, Zach has represented hundreds of people who have been injured in auto and motorcycle accidents. He has also successfully handled numerous catastrophic injury and wrongful death cases. He has repeatedly taken on big insurance companies who have failed to pay benefits due under automobile, homeowners, or life insurance policies.
Zach is an active member and former board member of the Colorado Trial Lawyers Association. He was selected as a Super Lawyers Rising Star for five consecutive years and is rated as “Superb” on Avvo.com. Zach is married to his high school sweetheart, and has two wonderful children. He enjoys coaching his kids’ sports teams, playing basketball, surfing and playing guitar.
Luke McFarland has lived in Colorado for most of his life. He attended Colorado College as a Boettcher Scholar. He received his degree in International Political Economy, with distinction, in 1998 – graduating Phi Beta Kappa and magna cum laude.
Mr. McFarland received his law degree from Harvard Law School, where he graduated cum laude in 2001.
Mr. McFarland has been named to Colorado's "Super Lawyers" list each year from 2017-2021 (top 5% of attorneys over 40). Prior to that, he had been named as one of Colorado Super Lawyers’ “Rising Stars” (top 2.5% of attorneys under 40) for seven consecutive years. His practice focuses on complex litigation of all types in both state and federal court. He has extensive experience with general contract, employment, intellectual property, class action, securities, personal injury, insurance, and partnership/control disputes.
While Mr. McFarland currently handles Colorado-based litigation for some of the country’s largest companies, he is particularly fond of working with individuals, start-ups, and emerging businesses. For a large company, even a significant lawsuit will not typically imperil the company, and it will have a team of in-house and outside attorneys to handle it. With individuals and smaller companies, the outcome of a lawsuit can literally “make or break” that person, their family, or their business. They can usually only hire one lawyer, and need to make that decision count. Luke’s greatest professional reward comes from obtaining good, just results for people who truly rely on him.
Mr. McFarland recently completed a 5-year term on the Board of Directors of Pinnacol Assurance, having been appointed to the position by Governor Hickenlooper. He now sits on the Board of Directors for the Pinnacol Foundation, an affiliated non-profit that provides scholarships to the children of injured workers.
Mr. McFarland is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the U.S. Courts of Appeals for the Ninth and Tenth Circuits.
While he enjoys surfing and basketball in his free time, his greatest joy is spending time with his wife and two young children.
Eric Fisher
Partner
eric@mcfarland.law
(303) 279-8300
Eric Fisher litigates high-stakes, complex cases. He earned his law degree from the Colorado School of Law and holds earned a Bachelor of Arts from Cornell University. Following a clerkship for Hon. Judge James. S. Casebolt of the Colorado Court of Appeals, Eric entered private practice. He has been named a Colorado Super Lawyer in 2014, 2015, 2016, 2017, and 2018. He has a top 5.0 AV Preeminent Rating from Martindale-Hubbell®.
Case Highlights:
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Prevailed in the Colorado Supreme Court on behalf of Colorado Public Employees’ Retirement Association (PERA) in a multi-billion dollar case finding that PERA could constitutionally modify the cost of living benefit for retirees.
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Prevailed on behalf of PERA on summary judgment in a multi-million dollar dispute regarding an employer withdrawal from PERA and its obligation to pay nearly $200 million for the unfunded liability of its employees and retirees.
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Prevailed in the Colorado Supreme Court reversing class certification for a group of automobile dealerships in one of the leading cases on class action treatment of consumer protection claims.
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Represented an NFL team in a successful Ninth Circuit appeal of a trial court’s dismissal of Travelers’ claims against it seeking contribution and a declaratory judgment as to payments for cumulative trauma suffered by the team's football players. Litigating coverage in subsequent California proceedings.
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Prevailed in the Oklahoma Supreme Court for Cimarex Energy in reducing a $112 million trial court award in a class action lawsuit to $3.65 million. In a later appeal, again prevailed in the Oklahoma Supreme Court for Cimarex Energy against the plaintiff class that sought more than $50 million in prejudgment interest on the $3.65 million jury verdict.
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In a case of first impression in the Fifth Circuit Court of Appeals, successfully overturned summary judgment in favor of an oil company in a qui tam action filed by two federal employees under the False Claims Act.
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Successfully resolved cases for numerous clients including the Broomfield Ice minor league hockey team against the Colorado Eagles in a territorial rights dispute, Colorado Business Bank in a non-competition dispute with a former employee, and General Shale Brick regarding malfunctioning brick manufacturing machinery.
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Played a significant role in convincing the Colorado Supreme Court to issue a landmark decision that insurance companies are subject to the Colorado Consumer Protection Act.
Cyd Hunt
Of Counsel
cyd@mcfarland.law
(303) 279-8300 x 6
Cyd Hunt has twenty years of experience ingeneral civil and complex commercial litigation, commercial transactions, and environmental law. She serves as of counsel to the firm. Prior to joining McFarland Litigation Partners, Ms. Hunt was of counsel to the environmental department of Jackson Kelly, PLLC, a national full-service law firm, and had primary responsibility for environmental litigation in its Denver office.
Ms. Hunt received both her bachelor's degree and her juris doctor from the University of Colorado and clerked in the Boulder District Court for the Honorable Morris W. Sandstead, Jr.
Cyd is a published poet, speaks French and Spanish fluently, and runs marathons. Ms. Hunt is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the Tenth and Eleventh U.S. Courts of Appeals.
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Meredith Quinlivan
Associate Attorney
meredith@mcfarland.law
(303) 279-8300 x 4
Meredith A. Quinlivan is an experienced civil litigator and appellate attorney. Before entering private practice, Ms. Quinlivan was a clerk and staff attorney for the Colorado Court of Appeals. She then started her litigation career in insurance defense in 2007. There, she practiced in a variety of areas including municipal law, workers’ compensation, construction defect, personal injury, professional malpractice, state and federal governmental immunity, and civil rights litigation under 42 U.S.C.A. § 1983. Ms. Quinlivan co-authored an appellate brief to the Colorado Court of Appeals resulting in a published opinion. Yeiser v. Ferrellgas, Inc., 214 P. 3d 458 (Colo. App. 2008), cert. granted.
In 2009, she transitioned from insurance defense into a plaintiffs’ firm, practicing in the areas of employment and labor law, personal injury, workers’ compensation, and criminal defense. As the head litigator and supervising attorney, she drafted more than 300 lawsuits in state and federal court, as well as advocated on behalf of plaintiffs and claimants at hearings and in settlement negotiations.
Since 2009, Ms. Quinlivan has had the opportunity to try multiple jury trials and numerous administrative law hearings. She has advocated for claimants with catastrophic work related injuries and for families in wrongful death actions. Further, she has drafted state and federal appellate brief; and prepared for oral arguments in the Colorado Court of Appeals and the Tenth Circuit Court of Appeals.
Growing up in a small, rural community in Minnesota, Ms. Quinlivan understands and appreciates mountain life. As a marathoner and avid outdoor enthusiast, she is not intimidated by challenges. Ms. Quinlivan has exhibited a tremendous work ethic and deep-rooted determination, as well as compassion for others.
Gina Bowermaster
Legal Assistant
gina@mcfarland.law
(303) 279-8300 x 7
Gina Bowermaster has been Evans & McFarland's Legal Assistant and Office Manager since the firm was founded over ten years ago. Gina helps to ensure that court filings are timely and accurate, that clients are taken care of, and that any client inquiries are handled promptly. Outside of the office, Gina enjoys spending time with her three children, and can usually be found watching one of their sporting events.
Tom McFarland
Founder (Retired)
tmcf100@aol.com
(303) 582-5979
Tom McFarland, received his BA from Michigan State University, a Master's degree from Western Michigan University, and his Juris Doctor from University of Toledo. He was a teacher for 12 years, including an 8 year tenure as a professor at University of Toledo.
He has been practicing law and helping injured people for over 40 years. He represents claimants/plaintiffs in personal injury cases, professional malpractice cases, class actions and insurance bad faith cases. He has also represented many claimants in complex litigation where catastrophic wildfires, ignited due to negligence, caused devastation of thousands of acres of land, numerous homes, and personal property.
Tom is formally retired, but still helps out his longtime clients and takes on the occasional case, and you can contact him directly at the email and number above.
Tom considers it one of his greatest joys to have been able to practice law with his three sons (and his three sons feel likewise!)
Fred Winters
Partner
fwinters@mcfarland.law
(303) 726-3262
Fred Winters’ experience and background has involved the litigation of a broad array of complex commercial disputes and issues in both federal and state court, his practice emphasizes and focuses on the representation of businesses and individuals in matters involving various business disputes, including breach of contract, breach of fiduciary duties, and business torts such as fraud, deceptive trade practices, products liability, FDA recalls, interference with economic relationships, misappropriation, civil theft and conversion, lender liability, and commercial landlord/tenant disputes.
Mr. Winters handles all aspects of complex civil and commercial litigation matters including investigation, motions, written discovery, depositions, pretrial, trial, and post-trial practice. His background includes over 20 years of experience with various prominent law firms including Perkins Coie and Lewis Brisbois Bisgaard & Smith prior to joining McFarland Litigation Partners.
He earned his law degree from The University of Colorado School of Law and received his undergraduate degree in Economics from Northwestern University, Evanston, IL, where he also played Big Ten Division 1 baseball. He is a Colorado native who enjoys watching all sports and spending time with his wonderful wife, three kids, and their dog.
Mr. Winters is licensed to practice in all Colorado state courts, the U.S. District Court for the District of Colorado, and the U.S. Courts of Appeals for the Tenth and Federal Circuits. He is AV rated with Martindale Hubbell.
Representative Cases:
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Represented finance company (a subsidiary of GMAC Capital) in multi-million-dollar dispute involving lender liability issues.
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Represented the University of Colorado Foundation and helped secure a multi-million-dollar verdict against a major pharmaceutical company concerning claims for fraud and unjust enrichment.
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Represented an adhesive/sealant manufacturer in significant products liability class action alleging defective window sealant.
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Represented and advised a Native American Indian Tribe in many aspects of the creation of a casino/resort in northern California. Represented the Tribe in several hundred-thousand-dollar arbitration disputes with former architects.
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Advised telecommunications company with respect to payment dispute with large local telecommunications company.
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Represented various borrowers with respect to breach of contract related claims filed against them by various lending institutions.