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Bob Fishman - bandwOf Counsel

Practice Areas: Civil and Criminal Appeals


Mr. Fishman joined Ridley, McGreevy & Winocur at its founding in January 2006.  His practice focuses on appellate representation, and he is routinely retained by other law firms seeking to defend or challenge results obtained at the trial level, particularly in cases involving complex and/or novel questions of law.  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.  On occasion, he is retained to help develop legal strategies at the trial level in particularly difficult cases

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.

  • To hear the hosts of SCOTUSblog's podcast - First Mondays - talk about Mr. Fishman's appellate advocacy, click here.
  • Best Lawyers in America - Appellate Practice (2016-2019) Best Lawyers Award Badge
  • Named Top Appellate Law Lawyer by 5280 Magazine (2016-2019) 5280 TopLawyers logo 2019 BW Print
  • Colorado Super Lawyer - Appellate Practice (2012-2019) RobertTFishmanSuperLawyersRated


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


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

  • Client was sued by a London-based bank for more than $43 million following the failure of a coal mining operation. Mr. Fishman was retained to help develop legal strategies to defend the client, first in the district court and later before the United States Court of Appeals for Tenth Circuit. The district court eventually dismissed the case in its entirety. The bank then appealed to the Tenth Circuit, which affirmed the dismissal of the bank’s case. The client then moved for an award of attorneys’ fees in the district court, but the district court denied the motion ruling there was no legal basis for making the bank pay the client’s fees. The client appealed to the Tenth Circuit, which reversed and instructed the trial court to reconsider the arguments advanced by the client in support of its motion for fees. A short time later, the parties settled the matter.  See Standard Bank, PLC v. Runge, Inc., 443 Fed.Appx. 347 (10th Cir.2011) & 557 Fed.Appx. 778 (10th Cir.2014).
  • 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).


Robert Fishman :

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303 16th Street, Suite 200 Denver, CO 80202


Phone: (303) 629-9700

Fax: (303) 629-9702

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