Overview

Lee Mickus defends manufacturers and other business interests in product liability and tort lawsuits around the country, guiding cases through the discovery, trial, and appeal stages.  He has successfully tried cases to juries in Colorado, Texas, California, New York, Puerto Rico, Montana and several other states.

Experience

Lee has handled cases involving a wide variety of industries and products, including automobiles, pharmaceuticals, financial planning, livestock and agricultural operations, medical devices, industrial machinery, wine and recreational equipment.  Lee has made court appearances, argued appeals, and submitted amicus briefs in numerous jurisdictions across the country.

Publications

  • "Opening the Courts to Seat Belt Non-Use Evidence," Author, Law 360 Expert Analysis Online Website (December 24, 2015)
  • "Fifty-State Compendium on the Law of Punitive Damages," Contributing Author for Colorado, Defense Research Institute (2009)
  • "New Statutes Change Civil Litigation in Colorado," Co-Author, 33 Colo. Lawyer 65 (May 2004)
  • "To Beep or Not to Beep: The Optional Equipment Defense," Co-Author, 19 LJN'S Product Liability Law & Strategy 4 (April 2001)
  • "Discovery of Work Product Disclosed to a Testifying Expert Under the 1993 Amendments to the Federal Rules of Civil Procedure," Author, 27 Creighton L. Rev. 773 (1994) (cited in five published federal and state court cases and more than a dozen law review articles, and treatises)

Presentations

  • Testimony before Federal Rules of Civil Procedure Advisory Committee regarding proposed amendments to F.R.C.P. 30(b)(6), Phoenix hearing (January 2019).
  • "Seat Belt Admissibility: Challenges and Opportunities," Montana Chamber of Commerce Business and The Law Conference (March 2018)
  • “Amicus Briefing Programs,” presented at the American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2017).
  • “Considering an Alternate Route: Seat Belt Gag Rule Revisited,” joint presentation with Robert Pitcher and Gregory Jones to American Trucking Association Litigation Center’s Forum for Motor Carrier Counsel (July 2016).
  • “Lessons from the States: How Will the Practice of Discovery Change?” panelist, at the Lawyers for Civil Justice Membership Meeting (May 2016).
  • “Seat Belt Admissibility – Allowing Juries to Hear All the Evidence,” presented at the American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2015).
  • “Punitive Damages Revisited” panel moderator, presented at the American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2015).
  • “Phantom Damages: The Ghost of Concepts Past,” presented at the American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2014).
  • “Crisis Management and Recall Planning: Complying with Governmental Oversight” panel moderator, DRI Product Liability Conference (April 2013).
  • “Pre- and Post-Judgment Interest Reform,” presented at the American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2012).
  • “Restoring Common Sense in Colorado: Phantom Damages,” presented at CCJL/CACI Legal Reform Conference (September 2012).
  • “How Far Must a Manufacturer Reasonably Go to Foresee Product Misuse?” presented at DRI Product Liability Conference (April 2012).
  • “Civil Justice Reform: Perspectives from Practitioners,” panel discussion presented during American Tort Reform Association’s Annual Conference for State Coalition Leaders (November 2011).
  • “How Jurors Think and Decide: Using the Story Model,” Colorado Bar Association’s Litigation Series CLE program (April 2011).
  • “Perspectives on Litigation in a Challenging Economic Climate,” panel moderator, IADC Denver Regional Meeting program (2009).

Professional Affiliations

  • Colorado Civil Justice League
    • President, 2009–2010; 2016
    • Board of Directors
    • Legal Advisory Board
  • International Association of Defense Counsel
  • Defense Research Institute
  • Colorado Defense Lawyers Association
Education
  • The University of Virginia School of Law
    • J.D. - 1993
  • Williams College
    • B.A., cum laude - 1990
    • Major: Political Science (with highest honors) and Psychology
  • Exeter College, Oxford University
    • 1988-1989
Bar Admission
  • Colorado
  • Texas
  • Wyoming
  • Montana
Court Admission
  • U.S. Supreme Court
  • Supreme Court of Colorado
  • Supreme Court of Montana
  • Supreme Court of Texas
  • U.S. District Court District of Colorado
  • U.S. District Court Eastern District of Arkansas
  • U.S. District Court Western District of Arkansas
  • U.S. District Court Central District of Illinois
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Northern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court for Wyoming
  • U.S. Court of Appeals 5th Circuit
  • U.S. Court of Appeals 6th Circuit
  • U.S. Court of Appeals 9th Circuit
  • U.S. Court of Appeals 10th Circuit
  • U.S. Court of Appeals 11th Circuit
Honors and Awards
  • The Best Lawyers in America®, Personal Injury Litigation – Defendants, 2008 -- 2019; Product Liability Litigation – Defendants, 2015 – 2019
  • Martindale-Hubbell, AV-Rated
  • Colorado Super Lawyers®, Personal Injury Products: Defense, 2009 – 2019
  • Colorado Top 100, 2012 – 2017
  • 5280 Magazine Top Lawyers, Personal Injury: Defense, 2015 – 2018
  • Lawyers for Civil Justice Outstanding Contributor -- 2017 
  • Senior Fellow, Litigation Counsel of America
  • Colorado Civil Justice League's "Lawyer of the Year" – 2005
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