James C. Worthen

Member

James Worthen is a seasoned civil litigator. His practice is focused in matters of wrongful death, serious personal injury, product liability, employment, and construction defect.  Mr. Worthen has successfully represented business and individuals in jury trials involving oilfield accidents, motor vehicle and recreational accidents, commercial litigation, medical malpractice, professional liability, and retail litigation. Mr. Worthen also represents insurance carriers in coverage opinions and in first and third-party bad faith claims.

Prior to joining Hall & Evans, Mr. Worthen was a partner at Murane & Bostwick, LLC.

Bar Admissions

  • Wyoming, 2005
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Wyoming
  • U.S. Supreme Court
  • Tribal Court of the Eastern Shoshone and Northern Arapaho

Location

Casper Office
152 North Durbin Street
Suite 404
Casper, WY 82601

Education

JD: University of Wyoming, 2005
BS: University of Wyoming, 2001, Political Science, Pi Sigma Alpha

Contact

worthenj@hallevans.com

More About
James

Career Distinctions & Honors
  • Martindale-Hubbell®, AV Preeminent Peer Review Rated
  • Mountain States Super Lawyers®, “Rising Star,” Personal Injury General: Defense, 2018-2019
Professional Associations
  • Wyoming State Bar, Torts Section and Federal Bar Section
  • Natrona County Bar Association
  • Defense Lawyers Association of Wyoming
  • Defense Research Institute
  • J. Reuben Clark Law Society
  • ALFA International
Articles & Publications // Presentations // Webinars
  • Moderator, “Game On: A Debate on #MeToo and its Impact on Business, Social Equality, and Due Process of Law,” ALFA International’s 2019 International Client Seminar, February 2019
  • Presenter, “Liability Trends in Oil & Gas Transportation,”ALFA International Oil & Gas Working Group Meeting, October 2017
  • Presenter, “Personal Electronic Devices Employment Policies,” Wyoming State Bar, Employment and Labor Section, February 2015
  • Presenter, “Civil Litigation in Tribal Court” Trial Attorneys of America, June 2013
  • Presenter, “Wyoming Employment Law Update, Annual Update,” Lorman Education Services, 2010 – 2016
  • Presenter, “Wyoming Workers Compensation Law,” Lorman Education Services, 2012-2015
  • Contributing Editor, “Labor and Employment Compendium – Wyoming,”ALFA International, 2011 – 2017
  • Contributing Editor, “Workers Compensation Compendium – Wyoming,” ALFA International 2011 – 2017
  • Contributing Editor, “Transportation Compendium – Wyoming,” Wyoming Section, ALFA International, 2013 – 2018
  • Contributing Editor, “Product Liability Desk Reference: A Fifty State Compendium – Wyoming,” Aspen Law & Business, 2013 – 2018
  • Contributing Author, “Desk Reference, A 50 State Summary – Wyoming,” Trucking Industry Defense Association, 2013 – 2015
Decisions
  • Viking Insurance Company v. Sumner, 2018 WL 4154774 (10th Cir. 2018)
  • C’Hair v. District Court of Ninth Judicial Dist., 357 P.3d 723 (Wyo. 2015)
  • Picozzi v. State ex rel. Wyoming Workers’ Safety, 304 P.3d 977 (Wyo. 2013)
  • Morris v. State ex rel. Wyoming Workers’ Safety, 276 P.3d 399 (Wyo. 2012)
  • Rice v. Collins Communication, Inc., 236 P.3d 1009 (Wyo. 2010)
  • Singer v. New Tech Engineering L.P., 227 P.3d 305 (Wyo. 2010)
  • Halliburton Energy Services, Inc. v. Gunter, 167 P.3d 645 (Wyo. 2007)
  • Montoya v. Walgreens, defense verdict on premises liability claim, April 2016
  • Encana Oil & Gas v. DHS Drilling, defense verdict on contract claim, March 2016
  • MDC v. Directional Rentals, defense verdict on contract claim, June 2015
  • Jones v. Kmart, defense verdict on premises liability claim, April 2015
  • Draper v. Kmart, defense verdict on premises liability claim, June 2012
  • Friedly v. Flanagan, defense verdict on malpractice claim, April 2007
Business & Community Service
  • Boy Scouts of America, Troop 535, Committee Chairman, 2005 – present
  • Trout Unlimited, Member, 2008 – present
  • Platte River Revival, Volunteer, 2014 – present

Theresa A. Vogel

Member

Theresa Vogel has a diverse practice that includes construction defect, gig-economy, premises liability, transportation, and immigration matters. She represents companies, property owners, architects, engineers, and contractors in complex civil litigation and appeals before Colorado appellate courts and the Tenth Circuit.  Ms. Vogel also represents businesses and individuals in immigration proceedings with the U.S. Citizenship and Immigration Services, Department of State, and immigration courts and in I-9 compliance audits conducted by U.S. Immigration and Customs Enforcement.

Ms. Vogel has been an Adjunct Professor with the University of Denver Sturm College of Law, co-teaching the Civil Litigation Clinic and teaching the course, Immigration Law & the Workplace.  Previously, she was a Research Assistant at the Jagiellonian University Human Rights Centre where she taught courses on human rights and refugee law and implemented projects funded by the United Nations High Commissioner for Refugees.

Bar Admissions

  • Colorado, 2005
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Colorado

Location

Denver Office
1001 17th Street
Suite 300
Denver, CO 80202

Education

JD: The Catholic University of America, Columbus School of Law, 2005, International and Comparative Law
BA: Macalester College, 2000, Classics and Religious Studies

Contact

vogelt@hallevans.com

More About
Theresa

Career Distinctions & Honors
  • Commission Member, Denver Immigrant and Refugee Commission, 2024-present
  • Adjunct Professor, University of Denver Sturm College of Law: Immigration Law & the Workplace, 2018; Civil Litigation Clinic, 2017
  • Law Clerk, 2nd Judicial District Court, Hon. Shelley I. Gilman, Denver, Colorado, 2005-2007
  • Intern, Delegation of the European Commission to the United States, International Development Section, 2004
  • Legal Intern, Central European and Eurasian Law Initiative of the American Bar Association, Legislative Assistance and Research Program, 2003
  • Research Assistant/Instructor, Jagiellonian University Human Rights Centre: Human Rights and Refugee Law, 2000-2002
Professional Associations
  • Colorado Bar Association
  • Denver Bar Association
  • Colorado Women’s Bar Association
  • American Immigration Lawyers Association
Articles & Publications // Presentations // Webinars
  • Presenter, “Documents: Are Not Just for Lawyers,” Van Oppen & Co. 2 Risk Control Seminar, June 2024
  • Presenter, “Coverage Issues Arising out of CGL Policies,” Claims and Litigation Management Alliance, June 2024
  • Presenter, “Asylum and Domestic Violence,” Social Work Policy and Advocacy Course, Graduate School of Social Work, University of Denver, May 2022 & February 2020
  • Presenter, “The Impact of Populism on Asylum Seekers in America,” Populism and Constitutional Crises in Europe Seminar, Jagiellonian University Faculty of Law and Administration, Krakow, Poland, June 2019
  • Author, “Critiquing Matter of A-B-: An Uncertain Future in Asylum Proceedings for Women Fleeing Intimate Partner Violence,” University of Michigan Journal of Law Reform, March 2019
  • Presenter, “Changes in Asylum Law for Victims of Intimate Partner Violence,” University of Michigan Law School, March 2019
  • Presenter, “I-9 Compliance Update,” High Country Human Resource Association, February 2017
  • Presenter, “I-9 Compliance and Tips for Avoiding Potential Pitfalls,” High Country Human Resource Association, Edwards, Colorado, February 2016
  • Presenter, “Immigration Advisements Post-Padilla,” Colorado Criminal Justice Act Panel, December 2014
  • Presenter, “Green Building – Exposure Risks v. Benefits,” 2012 ALFA International Construction Law Seminar, July 2012
  • Co-Author, “Tenth Circuit,” ERISA Survey of Federal Circuits, 2012
  • Co-Author, “Expert Witnesses in Colorado Construction Defect Litigation,” Colorado Construction Litigation and Coverage, 2010 & 2012
  • Co-Author, “Attorney Fees in Colorado Construction Litigation,” Colorado Construction Litigation and Coverage, 2010 & 2012
Business & Community Service

Regularly provides pro bono representation on immigration matters.

David B. Gelman

Member

David’s practice focuses on healthcare, employment, and commercial disputes. David has represented clients in litigation, regulatory matters, employment, and business disputes.  With 30 years of experience, David has gained an in-depth understanding and appreciation of the delivery of healthcare including both private and correctional settings.  He represents health care facilities including nursing homes, rehabilitation facilities and assisted living residences, as well as licensed professionals including physicians, nurses, therapists, dentists, and chiropractors.  David regularly defends claims involving professional liability, catastrophic injury, product liability, and wrongful death. In the area of commercial disputes, David has represented clients in all aspects of litigation including appeals.

Bar Admissions

  • Colorado, 1996
  • Illinois (inactive), 1992
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Illinois
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Tenth Circuit

Location

Denver Office
1001 17th Street
Suite 300
Denver, CO 80202

Education

JD: Chicago-Kent College of Law, 1992,
magna cum laude
BA: University of Colorado at Boulder, 1988, Philosophy and Psychology

Contact

gelmand@hallevans.com

More About
David

Career Distinctions & Honors
  • The Best Lawyers in America®, Medical Malpractice Law, 2018-2025
  • Martindale-Hubbell®, AV Preeminent Peer Review Rated
  • Colorado Super Lawyers®, Personal Injury – Medical Malpractice, 2014-2025
Professional Associations
  • Colorado Defense Lawyers Association
  • Defense Research Institute
  • The American Association of Nurse Attorneys
  • Colorado Assisted Living Association
Professional Experience

Prior to joining Hall & Evans, David was a Director/Shareholder at Fennemore Craig, P.C. and a Shareholder at Kennedy Childs, P.C.

Appeals
  • Boles v. Colo. Dep’t of Corr., 2020 U.S. App. Lexis 42494 (10th Cir. 2020); 2021 U.S. App. Lexis 38795 (10th Cir. 2021)
  • Fischer v. Colorow Health Care, LLC, 420 P.3d 259 (Colo. 2018)
  • Fischer v. Colorow Health Care, LLC, 2016 Colo. App. LEXIS 1277 (Colo. App. 2016)
  • Adair Group, Inc. v. St. Paul Fire & Marine Ins. Co., 477 F.3d 1186 (10th Cir. 2007)
  • Moore v. Middlebrook, 96 Fed. Appx. 634 (10th Cir. 2004)
  • Von Loh v. Synthes, Inc., 106 Fed. Appx. 665 (10th Cir. 2004)
  • Employers Ins. v. Bodi-Wachs Aviation Ins. Agency, 39 F.3d 138 (7th Cir. 1994)
Articles & Publications // Presentations // Webinars
  • Co-Presenter, “Dental Risk Management,” Denver Dental Study Club, 2020
  • Speaker, “Medical Records and Depositions in Long Term Care Litigation,” Charitable Service Providers Risk Management Seminar, 2017
  • Speaker, “Medical Records in Litigation,” 2012, 2013
  • Speaker, “Arbitration in Long Term Care,” 2008, 2010-2013
  • Speaker, “Long Term Care Litigation in Colorado,” 2007, 2010-2013
Business & Community Service
  • Colorado Lawyers Committee/Hate Crime Task Force, 2016, 2017
  • Extreme Community Makeover, 2016, 2017

Chad K. Gillam

Member

Chad Gillam is a health care lawyer and trial lawyer. He represents health care providers in all aspects of their practices.  Chad has represented individual providers and entities such as hospitals, health care institutions, pharmacies, clinics, surgery centers, long-term care facilities, and correctional care companies in defense of lawsuits and in investigation and defense of claims across Colorado, Kansas, Missouri, and Wyoming. Chad defends physicians, mental health professionals, nurses, and allied health providers before regulatory agencies and licensing boards.  Chad regularly consults clients regarding licensing matters, credentialing, regulatory compliance, HIPAA Privacy and Security, employment, staffing and retention issues, corporate practice, risk management, patient safety and incident investigation. Chad represents hospitals and physicians regarding medical staff issues, investigations, disciplinary matters, clinical privileges, peer review, and fair hearings. 

Chad also represents plaintiffs and defendants in civil rights matters, privacy issues, and general liability litigation. 

Chad is a frequent lecturer and presenter on a variety of mental health and medical legal issues, health care regulation, and litigation topics.  He is proud to be a former Board Member of the Maria Droste Counseling Center, a non-profit organization serving the people of Colorado by providing mental health care in schools, and to individual, families, child abuse victims, and victims of domestic violence, regardless of their ability to pay. 

Bar Admissions

  • Colorado, 1997
  • Kansas (inactive), 1994
  • Missouri (inactive), 1995
  • Wyoming (inactive), 2015
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Kansas
  • U.S. District Court, Western District of Missouri
  • U.S. Court of Appeals, Tenth Circuit

Location

Denver Office
1001 17th Street
Suite 300
Denver, CO 80202

Education

JD: University of Kansas School of Law, 1994, Order of the Coif
BA: University of Kansas, 1990, Philosophy, summa cum laude, Phi Beta Kappa

Contact

gillamc@hallevans.com

More About
Chad

Career Distinctions & Honors
  • Colorado Trial Lawyers Association, Professionalism Award, 2024
  • 5280 Magazine, “Top Lawyers,” Medical Malpractice: Defense, 2016 – 2025
  • Colorado Super Lawyers®, Healthcare, 2010 – 2025
  • Martindale-Hubbell®, AV Preeminent Peer Review Rated
  • American Jurisprudence Award for Excellence, 1994
Professional Associations
  • American Health Lawyers Association
  • Colorado Defense Lawyers Association
  • Defense Research Institute
Professional Experience

Prior to joining Hall & Evans, Chad was a Director at Fennemore Craig, P.C. and previously a Shareholder at Kennedy Childs, P.C. where he was the Chair of the Health Care Industry Practice Group.

Business & Community Service
  • Maria Droste Counseling Center, Former Board of Directors
  • Metropolitan Denver Interdisciplinary Committee
  • Boulder Interdisciplinary Committee
  • Denver Bar Association / Denver Public Schools, Volunteer Guest Teacher
Articles & Publications // Presentations // Webinars
  • Presenter, “Nursing Documentation and Litigation,” SCL Health, Platte Valley Medical Center, Brighton, CO, June 29, 2021; St. Joseph Hospital, Denver, CO, September 7, 2021
  • Presenter, “Perilous Waters – Mental Health Providers and High Conflict Divorce,” Boulder Interdisciplinary Committee, Boulder, CO, November 6, 2019
  • Presenter, “Colorado Tackles Youth Suicide: HB 19-1120 – But are 12-Year-Old’s Now in Charge?,” Metropolitan Denver Interdisciplinary Committee, Denver, CO, September 3, 2019
  • Presenter, “COPIC Mock Trial Program,” Medical Center of the Rockies, Loveland, CO, April 30, 2019
  • Presenter, “Legal and Mental Health Professionals Working In High Conflict Divorce,” AFCC Colorado, Colorado Springs, CO, January 29, 2019
  • Presenter, “If It’s Not Charted, Did It Happen? Legal Issues for Nurses,” Regis University, Loretto Heights School of Nursing, Denver, CO, November 19, 2018
  • Presenter, “Ethical Issues for Professionals in High Conflict Divorce,” AFCC Colorado, Ft. Collins, CO, January 23, 2018
  • Faculty Speaker, “Confidentiality of Mental Health Records,” The Annual Advanced Family Law Institute, Denver, CO, December 1, 2017
  • Presenter, “Risk Management for Mental Health Professionals and Attorneys Working in High Conflict Divorce,” Metropolitan Denver Interdisciplinary Committee, Denver, CO, November 7, 2017
  • Presenter, “72 Hour Holds in Emergency Departments, How to Best Protect Patients’ Rights and Wellbeing and Support Involved Staff,” CHARM (Colorado Healthcare Associated Risk Managers), Denver, CO, May 4, 2017
  • Presenter, “Caught in the Web: Risk Management for Therapists Working in High Conflict Divorce,” Colorado Mental Health Professionals Conference, The University of Denver, Denver, CO, April 2017
  • Presenter, “Telemedicine: Liability and Regulatory Risks,” HealthOne, Rocky Mountain Hospital for Children at P/SL, Denver, CO, December 14, 2016
  • Presenter, “The Anatomy of a Professional Liability Trial, Mock Trial,” COPIC Insurance Company, Saint Mary’s Hospital, Grand Junction, CO, August 2016
  • Presenter, “Perioperative Medical Malpractice Mock Trial,” Association of PeriOperative Registered Nurses (AORN) Surgical Conference and Expo, Anaheim, CA, April 2016
  • Presenter, “When Secrets Aren’t Secret: Therapist-Patient Privilege, Pointers for Providers and Practitioners,” Boulder IDC, Millennium Harvest House, Boulder, CO, October 2015
  • Presenter, “Mental Health, Privilege, and Subpoenas,” Regis University, Broomfield, CO, October 2015
  • Author, “Risk Considerations When a Patient Requests a Letter or Completed Form,” In Session with Allied World, Vol. 5, Issue 2, Spring 2015
  • Presenter, “Confidentiality, Responding to Subpoenas and Other Legal Hurdles,” Metropolitan Denver Interdisciplinary Committee, The Wellshire Inn, Denver, CO, May 2015
  • Presenter, “Topics in Mental Health Care and the Law – Roundtable Discussion,” Denver Therapists Network, Denver, CO, June 2014
  • Presenter, “Anatomy of Medical Malpractice Case and Mock Trial,” Exempla Good Samaritan Hospital, Lafayette, CO, June 2013
  • Presenter, “Charting, The Good, The Bad and The Consequences,” Rocky Mountain Vein Institute Annual Retreat, Cheyenne Mountain Resort, Colorado Springs, CO, January 2013
  • Presenter, “The New Bull’s Eye: DORA’s Review of CFI and PRE Grievances,” Metropolitan Denver Interdisciplinary Committee, Red Lion Hotel, Aurora, CO, June 2012
  • Presenter, “Communication Issues and Medical Malpractice, Mock Trials,” St. Joseph Hospital, Denver, CO, September 2nd, 5th, 7th, 9th, 2011
  • Author, “Navigating the Legal Framework Governing the Practice of Psychology and Grievances and Lawsuits against Psychologists in Colorado,” The Colorado Psychologist, Volume XXXVII, Issue 2, March/April 2009
  • Presenter, “Malignancy, Delayed Diagnosis and Causation,” Catholic Health Initiatives Defense Counsel Conference, Covington, KY, October 28-29, 2008
  • Faculty Speaker, “Grievances and Lawsuits against Health Professionals,” Bench & Bar Family Law Institute, Breckenridge, Colorado, August 10-12, 2007
  • Presenter, “Topics in Long Term Care Litigation in Colorado Setting Up and Managing Facility Based Risk Management Programs,” Charitable Service Providers Reciprocal, Eaton Senior Programs, Lakewood, Colorado, April 5, 2007
  • Presenter, “Mock Trial – A Real Emergency Room Case,” 5th Annual Wilz Trauma Symposium, Pueblo Convention Center, Pueblo, Colorado, February 19, 2005
 
Blog Posts About Chad

Benton J. Barton

Member

Benton Barton is a hardworking, versatile trial lawyer, mediator and arbitrator, retained to assist clients wherever and whenever needed. His thirty-year practice currently focuses on resolving disputes and accidents arising from troubled design, construction and environmental projects, and their use of new processes and products. He has taken to trial numerous high-exposure cases, and his appellate work has generated new and notable law.

In addition to previous service in Firm management, Benton is contact partner for leading designers, general contractors, specialty subcontractors, product suppliers and carriers. His tenacity and attention to detail have been applied successfully in matters of the highest complexity throughout Colorado, and also in Arizona, Connecticut, Missouri, Montana, Nebraska, New Mexico, North Dakota, Oregon, Texas, Utah and Wyoming. Parties also regularly hire Benton to arbitrate and mediate disputes through the American Arbitration Association’s National Panel of Construction Arbitrators, where he has presided over eighty matters as a neutral.

Bar Admissions

  • Colorado, 1999
  • Texas, 1992
  • U.S. District Court, District of Colorado
  • U.S. District Court, District of Nebraska
  • U.S. District Court, District of Montana
  • U.S. District Court, Northern District of Texas
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Supreme Court

Location

Denver Office
1001 17th Street
Suite 300
Denver, CO 80202

Education

JD: University of Texas School of Law, 1992

BA: Austin College, 1989

Contact

bartonb@hallevans.com

More About
Benton

Career Distinctions & Honors
  • The Best Lawyers in America®, Construction Law; Arbitration; and Litigation – Construction
  • Martindale-Hubbell®, AV Preeminent Peer Review Rated
  • Colorado Super Lawyers®, Professional Liability Defense; Construction Law
  • American Arbitration Association, Construction Law Arbitrator
Appeals
  • Stan Clauson Associates, Inc. v. Coleman Brothers Construction, LLC, 297 P.3d 1042 (Colo. App. 2013)
  • Hamon Contractors, Inc. v. Carter & Burgess, Inc., 229 P.3d 282 (Colo. App. 2009)
  • Tyler Car & Truck Ctr. v. Empire Fire & Marine Ins. Co., 2 S.W.3d 482 (Tex.App. – Tyler 1999)
  • Chasewood Oaks Condo. Homeowners Ass’n, Inc. v. Amatek Holdings, Inc., 977 S.W.2d 840 (Tex.App. – Fort Worth 1998)
  • Andrade Garcia v. Columbia Med. Ctr. of Sherman, 996 F.Supp. 605 (E.D. Tex. 1998)
  • National Indus. Sand Ass’n v. Gibson, 897 S.W.2d 769 (Tex. 1995)
  • Doe v. Rains Co. Ind. School Dist., 76 F.3d 666 (5th Cir. 1996)
  • Tarrant Co. Hosp. District v. Curry, 907 S.W.2d 445 (Tex. 1995)
  • Doe v. Rains Co. Ind. School Dist., 66 F.3d 1402 (5th Cir. 1995)
  • Humphreys v. Caldwell, 888 S.W.2d 469 (Tex. 1994)
  • Humphreys v. Caldwell, 881 S.W.2d 940 (Tex.App. – Corpus Christi 1994)
  • Smith v. L.D. Burns Drilling Co., 852 S.W.2d 40 (Tex.App. – Waco 1993)
Professional Associations
  • ALFA International: Construction Practice Group (Past Chair); Board of Directors (Past)

  • Colorado Bar Foundation, Fellow
Articles // Publications // Presentations // Webinars
  • Author/Speaker, “Blurred Lines? How Product Failures Amplify Exposures Facing Designers, Contractors and Insurers,” ALFA International, 2023

  • Speaker, “Sailing the High C’s: Contracts, Communication, Coordination,” Professional Underwriters Design Professional Seminar, 2023

  • Author/Speaker, “Get Smart! Smart Construction Concepts, Trends and Risks,” ALFA International, 2022

  • Speaker, “CLAIM Is a Five-Letter Word: What Happens When It Happens to You?” Van Oppen & Co. 2 Risk Control Seminar, 2021

  • Program Chair, “Leaving It Better Than You Found It: How to Lead, Inspire and Improve in Business and Law,” ALFA International, 2018

  • Speaker, “Public-Private Partnerships,” Beazley Design Professionals, 2017

  • Author/Speaker, “Catastrophic Litigation: Lessons from Defending Headline Cases,” ALFA International, 2015

  • Author/Editor, “Colorado Construction Defect Litigation and Coverage,” 2010 (Book)

Blog Posts About Benton