Nicolas L. Martinez
Bartlit Beck LLP, 2016 – Present, Partner (since 2020)
Cases tried or otherwise taken to judgment
Sunrise Hospital System v. Sierra Health Services (JAMS – 2019)
Trial counsel for UnitedHealthcare’s affiliate, Sierra, in an arbitration initiated by HCA Healthcare’s affiliate, Sunrise, alleging underpayments for medical services. Case resolved on confidential terms.
Grynberg v. Grynberg, (District Court, Arapahoe County, Colorado – 2019)
Trial counsel for defendants in bench trial involving equitable claims for unjust enrichment and quantum meruit brought by the founder of a group of privately held oil and gas companies, including claims for compensation for services and assets previously provided to the companies. Plaintiff sought $400 million in compensation at trial. Won a complete defense verdict. Case currently on appeal to the Colorado Court of Appeals.
Burroughs v. Cook County Clerk’s Office (U.S. District Court, Northern District of Illinois – 2019)
Co-lead trial counsel for defendants in lawsuit brought under the Americans with Disabilities Act. Obtained a full defense verdict following a four-day jury trial.
Gadeco, LLC v. Grynberg, (District Court, Arapahoe County, Colorado – 2019)
Trial counsel for defendants in jury trial involving claims for breach of contract and breach of fiduciary duty brought by the founder of a group of privately held oil and gas companies against the shareholders and board members following his removal as President and Chairman. Plaintiff sought injunctive relief and $800 million in damages at trial. Won a complete defense verdict. Case currently on appeal to the Colorado Court of Appeals.
FDIC & Colonial BancGroup v. PwC (U.S. District Court, Middle District of Alabama – 2017-18)
Defended PwC against Colonial Bank and the FDIC in a suit filed after the collapse of PwC’s audit client Colonial Bank. Colonial Bank sought several hundred million dollars in damages. The FDIC sought over $2 billion in actual damages, plus unspecified punitive damages. Following a bench trial on liability, the Court ruled for PwC on the entirety of Colonial Bank’s claim. The Court ruled against PwC on some of the FDIC’s claims and in favor of PwC on others. The Court also ruled in favor of PwC on the FDIC’s request for punitive damages. Following a bench trial on damages, the Court awarded the FDIC $625 million. Before judgment was entered, and while post-trial motions were pending, the parties settled the case for $335 million. One member of the FDIC’s board of directors publicly dissented from the settlement because it did not contain an acknowledgment of liability by PwC.
See Forbes article here.
Pro Bono Cases
Anthwaun Jordan v. Texas (U.S. Supreme Court – 2019)
Counsel of record for Texas inmate who sought certiorari in Sixth Amendment case.
Grant v. Chamberlain et al. (U.S. District Court, Northern District of Illinois – 2018-19)
Trial counsel for Illinois inmate who brought a section 1983 lawsuit based on deliberate indifference to his serious medical needs.
Perkins v. Williams et al. (U.S. District Court, Northern District of Illinois – 2018)
Trial counsel for Illinois inmate who brought a section 1983 lawsuit based on unconstitutional conditions of confinement. Case settled favorably.
Thompson v. Vidurria et al. (U.S. Court of Appeals, Ninth Circuit – 2017-18)
Appellate counsel for California inmate who brought a section 1983 lawsuit based on deliberate indifference to his serious medical needs. Case settled favorably.
Pinching the President’s Prosecutorial Prerogative: Can Congress Use Its Purse Power to Block Khalid Sheikh Mohammed’s Transfer to the United States?, 64 Stan. L. Rev. 1469 (2012).
Pulling the Plug on the Virtual Jury: Why Khalid Sheikh Mohammed Should Not Be Tried at Guantanamo by Jurors Sitting in New York City, 65 Stan. L. Rev. Online 47 (2012).
Debt to Society? The Washington State Legislature’s Efforts to Restore Voting Rights to Persons with Felony Convictions, 22 Stan. L. & Pol’y Rev. 329 (2011).
- Gadeco, LLC v. Grynberg; Grynberg v. Grynberg (2019)