09/25/2025
Read about the Marshall Fire lawsuit and settlement here: https://denverinjurylaw.us/marshall-fire-lawsuit-1
Denver lawyer James Avery,along with San Diego firm Schack Law Group, filed the first lawsuit in Boulder, a putative class action, against Xcel Energy alleging its sparking power lines were a substantial factor in the cause and origin of the December 31, 2021 blaze that consumed much of Marshall, Superior, Louisville, and Boulder County named the Marshall Fire. All Boulder judges recused themselves from the case, and Judge Zanisek from Jefferson County was assigned to the case. 15 months after the initial lawsuit filing by Avery, the Sheriff's investigators concluded the fire was caused in part by Xcel powerlines sparking in the vicinity of the Open Space trailhead. Dozens of lawyers, mostly from California, filed new lawsuits on behalf of insurance companies and thousands of victims that were consolidated into Avery's case, Kupfner v Xcel Energy pending in Boulder County since March, 2022. The case was converted to a 'mass tort' action after the consolidation. Each firm nominated its best lawyer for the Liason Committee, whos responsibility it was to manage the pretrial proceedings and development of the case. was selected to be on the Liason Committee, along with Schack Law Group lawyers Shannon Nocon and Natasha Sorino, for the Individual Plaintiffs and the three served in that role for the duration of the lawsuit. was an active and public advocate for the fire victims placing blame on Xcel. The Liason Committee was comprised of exceptionally experienced fire lawyers from California and Avery from Colorado. Schack Group lawyers Alex and Kathy Schack and Jordan Kellogg gave substantial support. On Sep. 24, 2025 the consolidated lawsuit was announced as settled by Energy for total payouts estimated at $640 million ($350 million paid by its insurance companies).
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