Ridley, McGreevy & Winocur
  • Ridley, McGreevy & Winocur, P.C. is a collection of experienced, trusted Denver trial lawyers who represent clients in criminal, civil and appellate matters.

  • Who We Are

    Learn more about our attorneys and their legal experience.

  • Where we work

    location – heart of Denver

Robert T. Fishman

  Email: fishman@ridleylaw.com | Download V-card

Bob Fishman - bandwOf Counsel

Practice Areas: Civil and Criminal Appeals

Experience:

Mr. Fishman joined Ridley, McGreevy & Winocur upon its founding in January 2006.  His practice focuses on both traditional appellate representation and law-intensive, trial-level litigation.  Mr. Fishman has argued civil and criminal appeals involving a wide array of federal and state constitutional, statutory and common law matters in numerous federal and state appellate courts, including the United States Supreme Court, the United States Court of Appeals for the Tenth Circuit and the Colorado Supreme Court.  He is routinely retained by other lawyers to help develop legal strategies at the trial level in cases involving novel and/or complex questions of law.

After studying political philosophy in college, Mr. Fishman graduated (Order of the Coif) from the University of Colorado School of Law in 1992, where he served as Articles Editor of the University of Colorado Law Review.  After graduating, Mr. Fishman clerked for Colorado Supreme Court Chief Justice Luis D. Rovira and Judge Wade Brorby of the United States Court of Appeals for the Tenth Circuit.

Awards and Honors        

  • Colorado Super Lawyers:
    Super Lawyer
    Appellate Practice                              2012-2013

    Associations  

    • 10th Circuit CJA
      Appellate Panel Mamber         (2007-present)

    Education

    University of Colorado
    School of Law, J.D.                                          1992

    • Wolf Scolarship Recipient                         1992
    • Order of the Coif                                          1992
    • Articles Editor,
      University of Colorado Law Review         1992


    James Madison College at
    Michigan State University, B.A.                       1989

     

      Representative Matters

      • After the United States Court of Appeals for the Federal Circuit, sitting en banc, ruled that the client’s petition for compensation under the National Childhood Vaccine Injury Act of 1986 should be dismissed as untimely, the client moved for an award of attorneys’ fees.  By a vote of 7-6 the Federal Circuit agreed that fees could be awarded to the client even though her petition had been denied.  The Solicitor General of the United States then sought review of that decision in the United States Supreme Court, which was granted.  Mr.  Fishman briefed and argued the case before the Supreme Court and on May 20, 2013 the Court issued its unanimous opinion affirming the Federal Circuit’s decision in favor of the client.  See Sebelius v. Cloer, 569 U.S. ___, 133 S.Ct. 1886 (2013).
      • Client was convicted of sexual assault at trial and received an indeterminate life sentence.  Mr. Fishman was retained to appeal the conviction.  The Colorado Court of Appeals ruled that insufficient evidence had been presented at trial to support the jury’s verdict.  The Court vacated the judgment of conviction and sentence; precluding further prosecution or retrial.  See People v. Tonsing, No.08CA1943 (Colo.App. June 16, 2011).
      • Client sued the United States under the Federal Tort Claims Act for injuries resulting from an automobile accident.  The trial court entered summary judgment in favor of the government holding that it could not be held liable for the client’s injuries as a matter of law.  Mr. Fishman appealed the decision to the United States Court of Appeals for the Tenth Circuit, which reversed the trial court’s judgment and reinstated the client’s claims against the government.  See Fowler v. United States, 647 F.3d 1232 (10th Cir.2011).
      • Client and his company were sued for various business torts and contract-related claims.  After an unfavorable verdict (including damages and an award of attorneys’ fees) was entered against the client, Mr. Fishman was retained to prosecute the appeal.  The Colorado Court of Appeals overturned the adverse verdict in its entirety and ordered that the security that erroneously had been posted on behalf of both the client and his company should be released and returned to the client.  Fremling v. Saber, 2010 WL 2442714 (Colo.App. Feb. 11, 2011).
      • Client was convicted of assault at trial.  After one unsuccessful appeal, Mr. Fishman was retained to prosecute the appeal further.  The Colorado Supreme Court granted the client’s petition for review of the case and, after oral argument, remanded the case to the Colorado Court of Appeals which overturned the client’s conviction and ordered that the charges against the client be dismissed.  See Doumbouya v. City and County of Denver, 224 P.3d 425 (Colo.App.2009).
      • Client was convicted of several charges, including child abuse resulting in death, and sentenced to over twenty years in prison.  Mr. Fishman was appointed to represent the client on appeal.  The Colorado Court of Appeals overturned the conviction.  The prosecution then sought (and obtained) review by the Colorado Supreme Court, which affirmed the Court of Appeals and granted the client a new trial.  See People v. Weinreich, 119 P.3d 1073 (Colo.2005)
      • Client obtained more than a million dollar verdict at trial against his insurance carrier.  On appeal, the defendant succeeded in having the verdict thrown out.  Mr. Fishman was then retained to seek review in the Colorado Supreme Court.  Review was granted and the Supreme Court reinstated the verdict in its entirety, including the trial court’s award of punitive damages in favor of the client.  See William Coors v. Security Life of Denver, 112 P.3d 59 (Colo.2005)
      • Client brought suit against a bank and its president alleging various business torts.  The trial court dismissed the client’s claims.  Mr. Fishman was then retained to prosecute the appeal.  The Colorado Court of Appeals reversed the trial court and reinstated all of client’s claims.  Peak Card Service, Inc. v. Pueblo Bank and Trust, 2003WL359792 (Colo.App. Feb. 20, 2003).  Mr. Fishman then drafted motions that defeated the defendant’s attempt to again have the claims thrown out by the trial court.  At trial, Mr. Fishman argued the many legal issues implicated in the case, and drafted the proposed jury instructions.  The trial court adopted the instructions proposed on behalf of the client, and the defendants settled the case after the jury instruction conference and before closing arguments.
      • A group of clients sued local officials under 42 U.S.C. Section 1983 claiming that the officials had systematically violated their constitutional rights.  The trial court dismissed the clients’ claims.  Mr. Fishman was then retained to appeal the adverse decision, and the United States Court of Appeals for the Tenth Circuit reversed and reinstated the clients’ claims.  Defendants settled the case shortly thereafter.  See Anaya v. Crossroads Managed Care Systems, Inc., 195 F.3d 584 (10th Cir.1999).