Murray Ogborn

Partner

Murray Ogborn has represented clients and tried many cases across the country. He is an innovator in the development of jury communication and is nationally known for using storytelling, case thematic techniques, and focus groups in the preparation and trial of cases. Murray not only personally tries cases, but other trial lawyers from around the country hire him to conduct focus groups and consult on their cases. Murray is the founder of the Harvard Ultimate College of Trial Advocacy, sponsored by the Association of Trial Lawyers of America (now the American Association for Justice).

Areas of Practice

  • Insurance Disputes
  • Medical Malpractice
  • Personal Injury & Wrongful Death
  • Professional Malpractice Litigation

Education

  • University of South Dakota School of Law, J.D., cum laude
  • University of South Dakota, B.A. in History

Bar Admissions

  • Colorado
  • Nebraska
  • South Dakota
  • U.S. District Court District of Colorado
  • U.S. District Court District of Nebraska
  • U.S. District Court District of South Dakota
  • U.S. Supreme Court 1972
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 8th Circuit
Experience

Repsher v. Airbus and Air Methods – Represented severely burned flight nurse involved in a helicopter crash. The matter settled for $100 million dollars.

Experience

Nucor Steel v. Nebraska Public Power District – When a client steel company discovered utility overcharges, Murray successfully represented the aggrieved company, recovering $12.5 million after a six-week jury trial in the Nebraska Federal District Court.

Experience

Prudential Insurance Company v. Thompson, et al. – When general counsel for a radio manufacturing company was sued personally for securities fraud by the company’s lender for allegedly failing to disclose material information, Murray tried the case in the Nebraska Federal District Court. He succeeded in defeating the claim, and warding off millions of dollars in alleged damages.

Experience

McKinley Medical, LLC v. DJO, LLC, et al. – When the insurer behaved unreasonably towards its insured, a medical device manufacturer, who was faced with mass tort products liability lawsuits, Murray sued the insurer for bad faith and obtained a significant settlement for his client.

Experience

Personal Counsel to Trucking Companies, Various Lawsuits – Murray has represented several trucking companies as personal counsel for exposure in excess of insurance coverage and punitive damages. He has not only assisted with the defense of such suits, but has successfully negotiated settlements for his clients within policy limits.

Murray Ogborn has represented clients and tried many cases across the country. He is an innovator in the development of jury communication and is nationally known for using storytelling, case thematic techniques, and focus groups in the preparation and trial of cases. Murray not only personally tries cases, but other trial lawyers from around the country hire him to conduct focus groups and consult on their cases. Murray is the founder of the Harvard Ultimate College of Trial Advocacy, sponsored by the Association of Trial Lawyers of America (now the American Association for Justice). Murray was named Best of the Bar by the Denver Business Journal; named by Best Lawyers in America® as 2020’s Lawyer of the Year in the field of Plaintiffs’ Professional Malpractice, as well as Best Lawyers in America® in Plaintiffs’ Personal Injury law; and has been selected as a Colorado Super Lawyer® by the magazine 5280 each year since the beginning of the award in 2006. Murray has served as President of the Colorado Trial Lawyers Association. He is a communicator. Whether the audience is a jury, judge, mediator or business leaders, he finds the bond and connects. Sincere, direct and persuasive.

Murray’s trial skills have been tested in state and federal courts throughout the country, and on behalf of both plaintiffs and defendants. The range of his advocacy extends from personal injury and commercial litigation to insurance bad faith. In addition to trying cases, Murray frequently consults with other lawyers and companies about litigation. Through Mojo Consulting, Murray conducts focus groups for his clients at all stages of litigation, from pre-trial discovery, to testing theories of liability and damages and prior to trial.

Prior to forming Ogborn Mihm, LLP in 2012, Murray practiced in South Dakota, Nebraska, and Colorado. Locally, he is a stalwart of the legal community, having served as President of the Colorado Trial Lawyers Association. Nationally, he has served in various capacities in the American Association for Justice, including on its Board and Executive Committee and as Chair of the National College of Advocacy; he is a member of the American Board of Trial Advocates (ABOTA); and he is a Fellow of the International Society of Barristers.

Murray is married, has three grown children (one of whom is his law partner), nine grandchildren, a Bernese Mountain Dog and a twelve-pound mutt, who has total authority in the household.

Articles

Murray Ogborn has presented and published hundreds of articles and papers in his 40+ years of practice, and in particular on the subject of trial advocacy. Some the highlights include the following:

  • “Trial Psychology”
  • “Courtroom Dynamics: The Verbal Edge”
  • “Handling Sensitive Damages Issues in Voir Dire in Commercial Litigation Cases”
  • “The Trial Lawyer as Storyteller,” Trial Diplomacy Journal, Vol. 15, No. 3 (May/June 1992).
  • “Commercial Litigation – Closing Argument: The Art of Persuasion in the Commercial Setting”
  • “The Opening Story: Primary Persuasion Personified,” National Trial Lawyer (September 1993).
  • “Making Your Case Come to Life: Storytelling and Theme Creation,” Forum Magazine, Vol. 26, No. 5 (June 1996).
  • “Getting Ready for Your First Trial,” Trial Talk, Vol. 47, Issue 2 (Feb/Mar 1998).
  • “Once Upon a Time . . . The Lost Art of Storytelling,” America Inns of Court, Chapter 9.
  • “The Use of Focus Groups: Felicity or Folly,” The Prairie Barrister, Vol. 6, No. 3 (2000).
  • “Bringing The Case to Life,” Trial (January, 2002).
  • “Focus Groups,” Association of Trial Lawyers of America Litigating Tort Cases, Chapter 36.

Presentations

  • “Handling Sensitive Damages Issues in Voir Dire in Commercial Litigation Cases,” Association of Trial Lawyers of America, Vail, Colorado
  • “The Role of the Advocate in Today’s Society,” Association of Trial Lawyers of America, Trial Advocacy College at Hastings College of Law: Essentials of Civil Practice (San Francisco, California)
  • “Storytelling,” Colorado Trial Lawyers Association Trial Tactics: All Star Litigators from Around the Country (Denver, Colorado)
  • Faculty Member, “Making Your Case Come to Life: Storytelling and Theme Creation” and “Relating to the Jury – Being Human,” National College of Advocacy/Stanford Law School, Ultimate Trial Advocacy Course (Palo Alto, California)
  • Faculty Member, “Story Telling and Theme Creation,” Association of Trial Lawyers of America National College of Advocacy, Harvard Ultimate Trial Advocacy College: Art of Persuasion (Cambridge, Massachusetts)
  • University of South Dakota School of Law, South Dakota Trial Academy/National Institute of Trial Advocacy
  • “Overcoming Juror Bias,” Nebraska Association of Trial Attorneys
  • “Focus Groups,” Wyoming Trial Lawyers Association

Associations

  • President, Colorado Trial Lawyers Association, 2005-2006
  • President Elect, South Dakota Trial Lawyers Association, 1976
  • Board of Directors, Colorado Trial Lawyers Association, 1993-Present
  • Dean, Faculty Member and Lecturer at Harvard Advanced College of Trial Advocacy (Cambridge, Massachusetts)
  • Member, American Board of Trial Advocates (ABOTA)
  • Fellow, International Society of Barristers
  • Executive Committee, American Association for Justice (formerly Association of Trial Lawyers of America, 1992-1993
  • Board of Governors Member, American Association for Justice, 1986-1993
  • Co-Chair, National College of Advocacy Board of Trustees, American Association for Justice, 1989-1993, 1996-1998
  • Co-Chair, Commercial & Business Litigation Group Committee, American Association for Justice, 1991-1992
  • Co-Chair, Intellectual Property, Science & Technology Committee, American Association for Justice, 1990-1991
  • Long Range Planning Committee Member, American Association for Justice
  • Public Affairs Committee Member, American Association for Justice
  • Budget Committee Member, American Association for Justice, 1994-1996
  • Member, Western Trial Lawyers Association
  • Member, Colorado Bar Association
  • Member, South Dakota Bar Association
  • Member, Nebraska Bar Association
  • Board Member, Kids at their Best (a non-profit organization whose mission is to serve children in high poverty rural areas and whose goal is to support children through academic excellence, nutritional support and community involvement)

Awards