Gary J. Benson

Introduction

Gary was born in Glasgow, Scotland in 1965.  He emigrated to the United States in 1974, and grew up in Denver, attending Manual High School.  Gary's family is the most important thing in his life.  He is married to Sherry and is the proud father of a 17 year old son, Logan. 

Gary received his B.A. from Beloit College in 1987 and a J.D. Degree from the University of Denver, College of Law, in 1990.  Gary has practiced his entire career with his partners and friends, Geri O'Brien Williams, Steve York.  For the last twenty years he has practiced with his other partners and friends, Melissa Evans, David Dworkin and Greg Chambers.  The relationship that Gary has with his partners makes coming to work every day a fun and energizing experience.

Gary advises and counsels numerous businesses on their employment practices and procedures.  He has litigated Title VII, ADA, ADEA, and ERISA claims as well as commercial business disputes, including real estate, construction defect, non-competition and trade secret matters.  In addition to litigating in State and Federal Court for the last 25 years, Gary also drafts employment agreement and negotiates severance packages for highly compensated executives.  

Gary is a frequent lecturer on issues surrounding employment law, and has presented Colorado Bar Association accredited CLE courses on sexual harassment and gender discrimination issues in the workplace.  He previously has served as a member of the Board of Directors of Big Brothers of Metro Denver, Inc. and the Sean McCauley Hope Foundation.  Mr. Benson is admitted to practice before the U.S. Court of Appeals, 10th Circuit and is a member of the Colorado Bar Association and Denver Bar Association.

REPRESENTATIVE CASES

Mr. Benson's client obtained a judgment for over $250,000 in attorneys' fees in the defense of a forty-five member multi-plaintiff employment matter.  Ramsey, et. al. v. American Furniture Warehouse, Adams County District Court, Case No. 2002 CV 3061.  The Colorado Court of Appeals awarded all attorneys' fees and costs incurred on appeal in the above matter.  Ramsey, et. al. v. American Furniture Warehouse, Colorado Court of Appeals, Case No. 05CA2524 (unpublished opinion). 

Mr. Benson defended a wrongful termination claim to a mistrial, and his client was awarded attorneys' fees. Robert Hudson v. American Furniture Warehouse, Adams County District Court, Case No. 2003 CV 3529.  The mistrial and the award of attorneys' fees were also upheld on appeal. Michael O'Malley, et. al. v. American Furniture Warehouse, Colorado Court of Appeals Case No. 05CA1174.

 Mr. Benson's client was granted summary judgment in three employment matters litigated in the United States District Court for the District of Colorado: Coleman v. American Furniture Warehouse, U.S.D.C. for the District of Colorado, Case No. 04 N 0683, Ramsey v. American Furniture Warehouse, Adams County District Court, Case No. 04 CV 2756, and Treat v. American Furniture Warehouse, U.S.D.C. for the District of Colorado, Case No. 06-CV-02029-EWN-MEH.

 Mr. Benson's client prevailed in a commercial business dispute and obtained a judgment in excess of $300,000.00.  American Furniture Warehouse v. Stainsafe, Inc., Douglas County District Court, Case No. 2003 CV 1202.

 In 2014 Mr. Benson's client was granted summary judgment in Long v. OmniTRAX, Inc., Denver District Court, Case No. 2013CV31670, a claim where Plaintiff sought over $650,000.00 in a breach of contract and wage claim.

Areas of Practice

• 60% Employment Litigation and Transactions
• 20% Personal Injury and Premises Liability Defense
• 10% Business Litigation
• 10% Construction Defect Litigation

Litigation Percentage

• 90% of Practice Devoted to Litigation

Bar Admissions

• Colorado, 1990
• U.S. District Court District of Colorado, 1990
• U.S. Court of Appeals 10th Circuit, 1992

Education

• University of Denver College of Law, Denver, Colorado
  • J.D - 1990
• Beloit College, Beloit, Wisconsin
  • B.A - 1987
  • Major: History

Representative Cases

• O'Malley, et. al. v. American Furniture Warehouse, 05CA1174 (Colorado Court of Appeals 2005)
• Coleman v. American Furniture Warehouse, 04 N 0683 (Federal District Court - Col 2004)
• Treat v. American Furniture Warehouse, 06-CV-02029-EWN-MEH (Federal District Court - Col 2006)

Representative Clients

• American Furniture Warehouse
• OmniTRAX Railroad
• The Broe Group
• Lockheed Martin - Space Systems Company
• Catamount Constructors, Inc.
• Ferguson, Inc.
• Stock Building Supply
• County Technical Services, Inc.
• Granite Depot, Inc.
• Great Western Oil and Gas
• Sundance Energy

Classes/Seminars

• Hiring and Firing - An Employer's Guide, Alfred J. Arraj, Inns of Court
• Sexual Harassment - An Employer's Guide, Colorado Court of Appeals

Honors and Awards

• Colorado Super Lawyer, 2010 - 2014
• Martindale Hubbel - AV Rated

Professional Associations and Memberships

• Colorado Bar Association, 1990 - Present
• Denver Bar Association, 1990 - Present

Past Employment Positions

• Pryor, Carney & Johnson, P.C., 1992 - 1995
• Harry L. Simon, P.C., Associate, 1990 - 1991

Pro Bono Activities

• Colorado Lawyers Committee, 1992 - 1996

Fraternities/Sororities

• Tau Kappa Epsilon