Jason Wesoky

Partner

Trial work and appellate work are not for the timid. Representing real people and their businesses requires tenacity, fearlessness, and a true professionalism. Jason has been in the trenches for more than 20 years fighting for what is right and does not wither under the pressure, whether it’s in front of a jury or 13 federal appellate judges.

Areas of Practice

Appellate
Business Litigation
Personal Injury & Wrongful Death
Brain Injury & Concussion
Employment Litigation
Insurance Disputes
Real Estate Litigation

Contact Info

303.592.5900

303.592.5910

Jason.Wesoky@omtrial.com

Contact

Education

Miami University, Oxford, Ohio, B.A. 1998
Catholic University of America, Columbus School of Law, J.D., Magna Cum Laude (7/210 – top 4%) 2001

Bar Admissions

Colorado
Maryland
United States District Court for the District of Colorado
United States Court of Appeals for the Tenth Judicial Circuit
United States Supreme Court

Experience

A small business owner was helping her disabled brother with his new home when she slipped on ice and broke her ankle. The builder and developer knew about the problem, but had refused multiple requests to fix it and instead blamed the disabled brother. Jason’s client’s business suffered and it pained her to be away. Jason didn’t let the developer bully his client and took them to trial. In the face of a hostile judge and obstreperous opposing counsel, Jason’s client prevailed in front of a jury of her peers who laid 100% of the blame on the developer and compensated Jason’s client nearly $2 million.

Experience

A Summit County HOA was facing financial ruin due to timeshare owners not paying their dues. Partnering with real estate transactional counsel Michael Connelly who structured a creative buyout solution, Jason helped the HOA successfully navigate very difficult litigation waters, always keeping his eye on the ultimate goal: consolidating the timeshares into whole units and selling the units. After years of headwinds, the HOA finally achieved its goal, shored up their finances, and sold all timeshare units.

Experience

Laurie loved working as a local health inspector in Weld County where she made sure the food in restaurants was safe for the community. When she was volunteering at a flu clinic, she fell and broke her arm. The injury never healed right but she kept working, though she was slower than she used to be. Weld County simply refused to help her and rejected every accommodation she suggested. Instead, the County told her to “go out on disability” or resign. Jason took the case to trial for violation of the American’s With Disabilities Act for failure to accommodate and discrimination. The judge, in the face of clear law to the contrary, made Laurie prove she suffered an “adverse employment action” such as being fired, but since she had been forced to resign, the jury found in the County’s favor. Undeterred, Jason appealed the case. The first panel of three judges affirmed, but one judge dissented. Seeing an opening, Jason asked the entire Tenth Circuit to review the case – an en banc review. The Tenth Circuit reversed, setting the law for every state in the Circuit that when a disabled person needs accommodations, asks for them, and doesn’t get them, that establishes discrimination and a violation of the ADA.

Experience

In the wake of the 2016 election, Jason decided that complaining on the internet wasn’t enough, so he worked with some of Colorado’s members of the Electoral College to answer a centuries’ old question: can Electors vote their conscience, or can the state force them to vote for whoever won the popular vote in their state? Facing criticism from the media, the judge (who called the case a “political stunt”), and half the country, Jason took up the cause. Though the federal appellate court said it was unlikely Colorado’s Secretary of State would remove an Elector since such power did not exist in the Constitution, on the day of the election, the Secretary of State did so anyway. The case wound its way through the courts where others joined the team to shepherd the case to the U.S. Supreme Court. While the Court disagreed and concluded Electors cannot exercise free will, the question was answered, clearing the way for other efforts to reform the Electoral College.

Experience

Terry was T-boned by a driver, which messed up his back quite badly to the point where he contemplated suicide from the pain and immobility. The driver was sorry, but her insurance company was not and refused to fairly compensate Terry. Jason pushed the insurer. The insurer’s stubbornness put its own customer in financial jeopardy. Finally, the insurer relented, but ended up having to pay more than three times the insurance policy.

Experience

A devastating flood ruined a local bar owner’s business in Evergreen. When he asked his insurance company for help and to honor their promise to cover him under their flood insurance policy, they refused, blaming him for having a business near the water and claiming he had committed insurance fraud. After years of fighting with British insurance agents, Jason got documents that revealed it was the insurer that was acting fraudulently by saying they didn’t insure business near water when, in fact, they insured hundreds of homes and businesses near water all over Colorado. The insurer was forced to pay nearly three times the total insurance policy and the business got rebuilt and opened again.

Jason has first-chaired nearly 30 civil jury trials and has conducted more than 20 oral arguments in the appellate courts, including an en banc argument in the Tenth Circuit. Jason’s clients have ranged from a waitress who was in a devastating car crash, to small businesses who were harmed by shady investors and partners, to a severely brain injured mother. No matter the size of the case, Jason knows that each case is likely the biggest case the client has ever faced. That is why Jason approaches every case with care and attention. As a result, Jason has helped his clients achieve significant victories, including two top 10, seven-figure verdicts and several million-dollar-plus settlements.

But Jason knows that litigation is not an ideal way to resolve disputes. It can be exhausting, expensive, and inefficient. Jason searches for the best resolution that is fair, quick, and inexpensive. He works hard to find the most reasonable, early solution to help his clients move forward. Jason helps his business clients avoid litigation by helping to create policies and effective communication channels to prevent disputes and to resolve them amicably before they get out of hand.

Jason has represented clients in every court in Colorado as well as courts in Minnesota, California, Maryland, Virginia, and Washington, D.C., including the United States Supreme Court. Jason represents clients in various forums, from the EEOC, to arbitrations, to mediations, to courtrooms.

Jason grew up in Colorado, attended college at Miami University in Oxford, Ohio where he was a Division I swimmer all four years, and then went to Catholic University of America Law School in Washington, D.C. where he graduated Magna Cum Laude and was selected to be the student commencement speaker. Jason worked for a year in D.C. and Baltimore doing civil litigation. In 2002, he moved back to his home state of Colorado where he worked for two top 100 law firms and clerked for United Court of Appeals for the Tenth Circuit judge Timothy Tymkovich.

Jason’s accomplishments and trial work has been recognized by his peers and various publications, including Super Lawyers where he has been a Rising Star and Super Lawyer since 2013. He has been a Board Member of Colorado Trial Lawyers Association since 2015 and was recently elected Treasurer. He also is co-head of CTLA’s judiciary committee where he helps the association vet and endorse judicial applicants. Jason has also attended various trial lawyer collegiate classes to hone his skills involving focus groups, opening statements, witness preparation, and jury selection.

Jason is married to Kelly Hogan, who has spent her career in politics, and has two kids who enjoy swimming, skiing, soccer, and acting. Jason is working on becoming a race car driver and also enjoys moguls, a round of golf, Prince, and straight up rock n’ roll.

Associations

Colorado Trial Lawyers Association (Treasurer (elected 2021), Board Member since 2016, Executive Committee Member since 2020, Co-head of Judiciary Committee since 2017, Amicus Committee Member since 2017)
Colorado Bar Association Appellate Subsection Member

Articles

CTLA’s Judiciary Committee and How to Become a Judge, CTLA Convention 2021

2020 Case Law Review, CTLA Blockbuster 2021

Featured: “Silent Approval,” Law Week Colorado, 2017

Featured: “Being Real,” Trial Talk, 2015

Author: “Jurors Asking Questions – Verbal vs. Written,” The Colorado Lawyer, 2012

Author: “To Bill or Not to Bill (by Hour),” The Colorado Lawyer, 2010

Author: “The Future of Big Law Firms,” The Colorado Lawyer, 2011

Author: “Proposals for a More Effective Bar Exam,” The Colorado Lawyer, 2009

Jason Wesoky

Partner

Areas of Practice

Contact Info

Education

Bar Admissions

Experience

Experience

Experience

Experience

Experience

Experience

Associations

Articles

Colorado Office

California Office

South Dakota Office