In The News

Berger Kahn Represents Plaintiffs in Consolidated Lawsuits Over 2021 Wildfire

(filed under: In The News | September 13, 2023)


In a Law360 article published on September 6, 2023, titled “Colo. Judge Combines Suits Against Utility Over 2021 Wildfire,” it was reported that Colorado state judge Christopher C. Zenisek has taken a significant step in consolidating pretrial proceedings in eight lawsuits related to the 2021 Marshall Fire. These lawsuits seek damages from Xcel Energy Inc., alleging the company’s involvement in igniting the destructive wildfire. Among the parties seeking justice are hundreds of homeowners and insurance companies looking to hold Xcel Energy accountable for their losses.

Notably, Berger Kahn ALC is actively representing plaintiffs in this legal battle. Craig S. Simon of Berger Kahn ALC is among several lawyers representing insurance companies involved in the subrogation suit. These parties are actively working on a proposed case management order and discussing discovery timelines ahead of a scheduled status conference on September 21, 2023.

The consolidation of these cases is a significant development, as it is expected to streamline the judicial process and expedite justice for the families affected by the Marshall Fire. The plaintiffs’ claims revolve around the allegation that the Public Service Company of Colorado, and in some cases Xcel Energy, played a role in causing the wildfire due to negligence and equipment issues.

The article also mentions that Xcel Energy has maintained its position that it was not responsible for the fire’s damages, emphasizing that its facilities did not ignite the fire. This legal battle remains ongoing, and additional lawsuits may be filed before the two-year anniversary of the wildfire.

In summary, the article highlights the consolidation of lawsuits related to the 2021 Marshall Fire in Colorado, with Berger Kahn ALC representing plaintiffs in the legal proceedings against Xcel Energy Inc. This consolidation is seen as a step toward more efficient legal proceedings and a potential resolution for those affected by the devastating wildfire.