Elizabeth J. Hyatt
High-Stakes Business Litigator

Ogborn Mihm, LLP

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Betsy Hyatt focuses her trial practice on high-stakes business and legal malpractice litigation.  She has been intimately involved in some of the most significant business cases in Colorado courts.  She represents a wide array of clients, from individuals to international companies.  Betsy has successfully tried bench and jury trials on behalf of entities and individuals.  Her practice includes legal malpractice, business torts, fraud, fiduciary duties and contract dispute litigation.  Betsy has been named a Colorado Lawyer Rising Star.  She lectures at state and national levels on legal malpractice and the practice of law, she has served as a consulting expert, and she has written for several publications on legal malpractice, civil trial practice, and the practice of law.  Some of her significant cases:

Betsy was part of the Ogborn Mihm, LLP trial team that obtained one of the largest legal malpractice jury verdicts in recent U.S. history, $12.8 million, against one of the nation’s largest law firms, alleging the lawyer mishandled a land-use application for the development of one of the largest swaths of undeveloped land in Summit County, Utah.  910 Cattle Company v. Thomas A. Ellison, Esq. and Stoel Rives, LLP, Civil No. 100907407, Third District Court, Salt Lake County, Utah.  Betsy successfully handled much of the pretrial, trial, and post-trial briefing and argument.

When a Fortune 500 Company was sued in Denver District Court in a complex dispute arising out of its $1 billion purchase of a company holding oil leases in North Dakota’s Bakken oil fields, the plaintiffs sought hundreds of millions of dollars. Betsy served as local counsel for the national trial firm Susman Godfrey, LLP.  She was intimately involved in all phases of the case.

Betsy again teamed up with Susman Godfrey, this time as co-counsel, for the same client in a complex federal lawsuit where the plaintiffs sought in excess of $400 million associated with the plaintiffs’ sale of assets to a company her client later acquired.  Betsy and her co-counsel successfully defended the plaintiffs’ claims of breach of contract, breach of the implied covenant of good faith and fair dealing, fraudulent concealment, and civil conspiracy, both at the trial court and on appeal. Spring Creek Exploration & Production Company, LLC, et al v. Hess Bakken Investments II, LLC, et al, Case No. 14-cv-134-PAB-KMT (D. Colo.) and 887 F.3d 1003 (10th Cir. 2018).

Betsy (with her former partner, the Hon. Elizabeth Starrs) won the largest civil plaintiff’s verdict in memory in Montrose County, Colorado.  In Will v. McKenna, et al, Case No. 2008cv192, Montrose District Court, Montrose, Colorado, Betsy and now-Judge Starrs sued the client’s former attorney for mishandling an underlying podiatry malpractice case.  After an eight-day trial, the jury found the attorney negligent and liable for breach of the contingency fee contract and awarded Betsy’s client $1.15 million in damages.

When the senior management of a start-up business that had grown to more than $1 billion in annual sales in less than five years squeezed out the minority investors, Betsy represented the minority investors in a lawsuit alleging breach of contract, breach of fiduciary duty, securities fraud and other claims.  The case resulted in a $3.4 million settlement for the clients before trial.  Monarch Health Sciences, Inc. v. Corkin, et al, 2:06-cv-440, U.S. District Court for the District of Utah.

Betsy, Clayton Wire, and Michael Ogborn represented the former president of a health services provider against his former employer in connection with his termination from the company.    Kruel v. Active Release Techniques, LLC, et al, Case No. 2017cv30919, El Paso County District Court, Colorado Springs, Colorado.  The Ogborn Mihm trial team obtained for its client a jury verdict and advisory jury verdict in excess of $1.26 million on claims of breach of contract, promissory estoppel, conversion and intentional interference with contract.



  • Legal Malpractice
  • Business Litigation


  • University of Colorado School of Law
  • Colorado State University, B.A., cum laude


  • Colorado
  • U.S. District Court for the District of Colorado
  • Tenth Circuit Court of Appeals


Publications and Presentations

  • Author, Chapter 6, "Conduct of Trial," in COLORADO COURTROOM HANDBOOK FOR CIVIL TRIALS, 2014 Ed. and Fourth Ed. (Lorraine E. Parker Ed., CLE in Colorado Inc. 2014, 2016, 2018).
  • Co-Author, with Mihm, M., Chapter 29, “Statutory Legal Malpractice Claims by Clients,” in LAWYER’S PROFESSIONAL LIABILITY IN COLORADO, Third Ed. (Michael T. Mihm ed., CLE in Colorado, Inc., 2005, Supp. 2011, 2013).
  • Co-Author, with Mihm, M., Chapter 31, “Damages for Injuries or Losses Caused by Legal Malpractice,” in LAWYER’S PROFESSIONAL LIABILITY IN COLORADO, Third Ed. (Michael T. Mihm ed., CLE in Colorado, Inc., 2005, Supp. 2011, 2013).
  • Contributor: Rantings of a Partner...and Pushback from the Associate (Bart L. Greenwald, Ed., American Bar Association Section of Litigation and First Chair Press, 2011).
  • Panel Speaker, "Common mistakes 101: Avoiding Legal Malpractice," American Bar Association Webinar (October 2018).
  • Panel Speaker, "Conflicts of Interest: Guidelines for Every Lawyers' Success, "American Bar Association Webinar (July 2017).
  • Speaker, "Beginning and Ending the Client Relationship; Engagement Letters and Withdrawal" in 2015 Preventing Legal Malpractice Seminar, Colorado Bar Association (February 2015).
  • Panel Speaker, "Perry Mason, Arnie Becker or Denny Crane: To What Generational Beat Do You March and Does It Make a Difference in Your Legal Practice?" in ABA section of Litigation Committee on Corporate Counsel CLE Seminar, Scottsdale, Arizona (February 2008).
  • Speaker, "Common Law & Statutory Claims" in 2007 Preventing Legal Malpractice Seminars, Colorado Bar Association, Colorado Springs and Denver, Colorado (January and February, 2007).


Human Interest, Volunteer Work

  • Dora Moore Elementary Tutoring Program – Betsy volunteered with this tutoring program for over fifteen years, until it was terminated in 2016. The program provided one-on-one assistance to second through fifth grade students in reading, writing and math. Betsy expects to be tutoring again soon once a similar program is in place at another school.



Who Am I – Betsy Hyatt

 Who Am I – Betsy Hyatt
Who Am I – Betsy Hyatt

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