Nicole C. Salamander Irby works in the Professional Liability Defense, Commercial Litigation, and Insurance groups. Nicole defends clients against legal malpractice claims and in ERISA litigation.
Legal Malpractice
- Successfully represented attorney who advised an estate fiduciary in a dispute brought by an estate creditor.
- Obtained dismissal of a lawsuit against a law firm on the basis of absolute litigation privilege, which also resulted in an award of fees and costs.
- Obtained dismissal of a lawsuit arising from a criminal conviction on the basis of the statute of limitations, which also resulted in an award of fees and costs.
- Successfully defended law firm in a claim arising from a complex patent application.
Employee Benefits
- Obtained judgment affirming a claim administrator’s benefit decision as to a claim arising from heart-related diagnoses and depression.
- Successfully defended an administrator in lawsuit alleging state law claims on the basis of ERISA preemption.
- Obtained voluntary dismissal of a benefits claim due to the plaintiff’s failure to disclose the claim in a bankruptcy proceeding.
Insurance
- Obtained dismissal of a third-party administrator from a bad faith lawsuit on the basis that no duty of care was owed to the insured.
- Successfully represented an out-of-state insurer in an action for change of venue.
- Part of successful appellate team which achieved affirmation of a favorable outcome for the insurer of a construction site.
- Co-Author with John M. Palmeri, “Privileges and Confidentiality,” Lawyers’ Professional Liability in Colorado (Michael T. Mihm, ed., CLE in Colo., Inc.), 2015
Admissions
- Colorado
- United States District Court, District of Colorado
- United States Court of Appeals, Tenth Circuit
Memberships
- Colorado Bar Association
- Denver Bar Association
Community Involvement
- Standing Committee Member, U.S. District Court for the District of Colorado Civil Pro Bono Panel
- Chair, GRSM’s Denver office’s Community Service Committee
- Board Member, The Ved P. Nanda Center for International and Comparative Law
- Supporter, The Delores Project and Work Options for Women
Education
- J.D., University of Denver Sturm College of Law, 2008
- Top 6%, Order of St. Ives
- Recipient, University of Denver Sturm College of Law Outstanding Leadership Award
- Editor-in-Chief, Denver Journal of International Law and Policy
- B.A., cum laude, Sociology, Colorado State University, 2002
Honors
- Super Lawyers® Rising Stars distinction in Professional Liability Defense and Employee Benefits, 2014-2016