Burns, Michael Robert

Tom's practice concentrates in the areas of commercial litigation, transportation, employment and civil rights litigation, and litigation-related real estate work. Tom has long appeared before the various local and regional trial and appellate courts including the Eighth and Tenth Circuit Courts of Appeal, the United States District Court for the District of Colorado, the Colorado Supreme Court, the Colorado Court of Appeals, and nearly all of the Colorado state and federal agencies.

Tom also serves regularly on the National Panel of Neutrals of the American Arbitration Association, Inc. and International Centre for Dispute Resolution, Inc, where he has acted as sole arbitrator, panel arbitrator and chairperson in numerous domestic and international commercial arbitration proceedings in the areas of transportation, employment and real estate law in Colorado, New York and Texas, involving claims of over 15 million.

Experience

Tom has extensive experience before the Colorado Public Utilities Commission, the Interstate Commerce Commission, the United States Surface Transportation Board, the United States Board of Contract Appeals, the National Labor Relations Board, the Equal Employment Opportunity Commission and the Colorado Division of Civil Rights of the Department of Regulatory Agencies.

Significant Representations

• Representing two Texas-based dealers for a Fortune 500 satellite telecommunications provider, Tom recovered unpaid commissions and attorneys fees of approximately $1,000,000 as the result of a two week arbitration proceeding before the American Arbitration Association in Denver.
  
• Tom successfully obtained a permanent injunction in the United States District Court for the District of Colorado preventing a state regulatory agency's attempt to regulate and sanction against doing business under preemptive provisions of federal law. Tom also obtained a declaratory judgment holding the state agency's related enforcement proceeding to be beyond its jurisdiction. In addition to injunctive and declaratory relief directed to the state agency, Tom also secured an award of state-paid attorneys' fees and costs of $175,000.
  
• Tom successfully challenged a will under which a mother had mistakenly provided only a life estate in valuable real estate when she had clearly indicated to third persons that she intended to leave the property to her son outright. After a thirteen-month legal challenge, Tom was able to settle the son's dispute with the personal representatives.  The son is achieving ownership of real property valued at over $1,000,000.