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Chip G. Schoneberger

schoneberger

Chip G. Schoneberger concentrates in all phases of post-trial and appellate litigation, and heads the firm’s Appellate Practice.  He has handled appeals in state and federal reviewing courts across the country and in a wide variety of practice areas, including: commercial litigation, construction, casualty/liability defense, insurance coverage, property rights, zoning/land use, and professional liability.  Recognizing that success on appeal begins long before final judgment, Mr. Schoneberger also partners with trial attorneys at the critical motion and trial stages of a case to frame key issues for the court and identify/preserve errors for resolution on appeal.

Mr. Schoneberger’s appeals have forged new law in several states.  As lead appellate counsel in Brimet II, LLC v. Destiny Homes Marketing, LLC, he recently persuaded the Arizona Court of Appeals to reverse the trial court and enter summary judgment in his client’s favor in a multi-million dollar property interest/lien priority dispute involving a question of first impression in Arizona under the doctrine of equitable subrogation.  Mr. Schoneberger’s other successes include establishing that Colorado’s attorney’s fees statute is inapplicable after the case is at issue (BSLNI v. Russ T. Diamonds, Inc.); reversing a $3 million jury verdict in a construction accident case in Connecticut (Archambault v. Soneco/Northeastern, Inc.); establishing that commercial general liability insurance policies afford no coverage for negligent spoliation of evidence claims under Illinois law(Essex Ins. Co. v. Wright); and obtaining complete reversal of a jury verdict and entry of judgment for the defense in a malicious prosecution action (Muhammad v. Ala Carte Entm’t, Inc.).

Contact

Office: (303) 333-9810

Fax: (303) 333-9786

cschoneberger@fostergraham.com

Education

  • Loyola University Chicago School of Law (J.D.)
  • University of Colorado at Boulder (B.A.)

Professional Memberships and Affiliations

  • Illinois Bar Association
  • Colorado Bar Association
  • Appellate Lawyers Association

Practice Areas

  • Civil Litigation
  • Appellate Practice

Admissions

  • State and Federal Courts of Illinois
  • State and Federal Courts of Colorado
  • United States Supreme Court
  • United States Court of Appeals for the Third, Fifth, Seventh, Eighth, Ninth, Tenth and Eleventh Circuits

Courtroom Achievements

  • Moench v. Marquette Trans. Co., 2016 WL 5485122 (5th Cir. 2016) (affirming judgment for client in maritime action).
  • Khelik v. City and Cnty. of Denver, No. 2015CA832 (Colo. App. 2016) (reversing client’s termination in employment disciplinary action).
  • Eiberger v. Baurer, No. 2014CA1297 (Colo. App. 2016) (reversing partition judgment and directing judgment for client on specific performance claim)
  • Ramsdale v. LVNV Funding, LLC, No. 2013CA2099 (Colo. App. 2015) (reversing judgment against client in breach of contract claim resulting in favorable settlement)
  • Lehman Bros. Holdings, Inc. v. PMC Bancorp, 612 Fed. Appx. 885 (9th Cir. 2015) (affirming $2.4 million judgment for client)
  • Kelly v. Law Offices of G. Michael Schuyler, P.C., No. 2013CA166 (Colo. App. 2014) (reversing attorney fees award against client)
  • Brimet II, LLC v. Destiny Homes Mktg., LLC, 296 P.3d 993 (Ariz. App. 2013) (reversing trial court and directing judgment for client in multi-million-dollar property lien dispute)
  • BSLNI, Inc. v. Russ T. Diamonds, Inc., 293 P.3d 298 (Colo. App. 2012) (affirming judgment for client and clarifying applicability of Colorado’s attorney fees statute after case is at issue)
  • Archambault v. Soneco/Northeastern, Inc., 946 A.2d 839 (Conn. 2008) (reversing $3 million jury verdict against client resulting in settlement)
  • Muhammad v. Ala Carte Entm’t, No. 1-04-1799 (Ill. App. 2005) (reversing jury verdict against client in malicious prosecution action)

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