Biography

Joel James Fulton is an associate attorney in Winget, Spadafora & Schwartzberg LLP’s Colorado office. He represents clients in the areas of securities litigation, professional liability litigation, and complex commercial and business litigation. Prior to joining the firm, in addition to working in the private sector, Joel previously clerked for the Nebraska Supreme Court for five years.

Representative Decisions

South Conejos Sch. Dist. RE-10 v. Wold Architects Inc., 2023 COA 85 (Sept. 21, 2023). A division of the Colorado Court of Appeals found valid and enforceable the School District’s contract provision for accrual of construction defect claims and remanded for a trial on the School District’s claims.

Christian v. The Board of County Commissioners of Summit County, 21CV30147 (Dist. Crt. Colo., Oct. 10, 2022). Plaintiff agreed to dismiss Summit County from a personal injury lawsuit after the County filed its motion to dismiss under the Colorado Governmental Immunity Act.

Haselden Resort Constructors, LLC v. PaulsCorp, LLC, et al., No. 24964 (JAMS, June 24, 2022). Chair John P. Leopold, for the Arbitration Panel, entered an order granting Haselden’s motion for summary judgment for entitlement to recover defense and indemnity costs and reasonable attorney fees.

Claeys v. Woolf, 14-CV-1174-CBS (D. Colo. June 8, 2016), aff’d, 2017 U.S. App. LEXIS 4263 (10th Cir. 2017). The court affirmed the district court’s grant of summary judgment on malicious prosecution and unreasonable search and seizure claims.

First National Bank of Durango, et. al., v. Lyons, 08CV272 (Dist. Crt. Colo., Jan. 5, 2017). Following a 10-day bench trial, the court entered judgment for defendants based on securities fraud claims for misrepresentations and omissions made in the connection with the sale of $4,130,000 in municipal development district bonds.

Bryars v. Argus Event Staffing, LLC, 15CV385 (Dist. Crt. Colo., Mar. 16, 2016). The court granted defendant’s motion to dismiss based the statute of limitations and failure to “relate back” under C.R.C.P. 15(c).

Davies v. City of Lakewood, et al., 14-CV-1285-RBJ (D. Colo., Feb. 16, 2016). The court granted summary judgment finding Sgt. Grady was entitled to qualified immunity, because it was not clearly established under the law that a supervisor could be held liable for an accidental officer-on-officer shooting.

Retz v. Seaton, 8:11-CV-169-LSC (D. Neb., Apr. 19, 2013), aff’d, 741 F.3d 913 (8th Cir. 2014). After a three-day trial, the jury found Retz proved his claims of excessive force against an Omaha police officer.

Seminars

NSBA Annual Meeting, Appellate Practice Section, Motion Practice in Nebraska’s Appellate Court’s, October 19, 2023

Opening of Term Seminar, Judicial Panel: Lessons Learned, August 29, 2023

Moot Court Guest Lecturer for 2L Class, Creighton College of Law, August 17, 2020

Judicial Clerkship Q&A for 1L Class, Nebraska College of Law, February 28, 2019

Publications

Rethinking Hamon Contractors, Inc. v. Carter & Burgess, Inc. to Clarify Application of Colorado’s Economic Loss Rule to Post-Contractual Fraud Claims, 92 Denv. U.L. Rev. Online 171 (2015)