August 3, 2026

DENVER – QPWB Co-Managing Partner Arron Nesbitt (licensed in CO, CA, AZ, MT, and TX) and Partner Edward Hafer successfully achieved a complete dismissal and $0.00 walk-away settlement for their clients in a complex, multi-jurisdictional federal court dispute. Facing over $250,000.00 in alleged primary damages and an additional $125,000.00 in claimed attorney's fees, the defense team dismantled allegations of personal liability against the corporate owners, forcing the plaintiff to abandon its claims entirely without any financial payout.

Overview of the Case

The litigation originated from a federal lawsuit filed in California Federal Court alleging breach of contract, fraud, and alter ego liability. The plaintiff, a text solicitation advertising platform, brought claims against QPWB’s clients, a corporate entity and its individual owners, following a separate, underlying federal class action lawsuit involving alleged violations of the Telephone Consumer Protection Act (TCPA). The plaintiff asserted that the clients failed to defend and indemnify them in the TCPA action, claiming the refusal violated their underlying contract and caused substantial financial harm and legal expenses.

Key Difference-Makers

• Arron Nesbitt – Co-Managing Partner, Denver
• Edward Hafer – Partner, Denver

Administrative Support

• Mary Emmerling – Law Clerk

Claims Made Against Our Client

Opposing counsel attempted to hold both the corporate entity and its individual owners jointly liable for over $375,000.00 in cumulative damages and fees. Recognizing that the corporate defendants were essentially insolvent, the plaintiff focused its primary recovery strategy on pursuing the individual owners directly under alter ego allegations, asserting that the owners possessed personal assets and could not hide behind corporate protections.

Additionally, rather than asserting a cross-claim within the ongoing TCPA class action, opposing counsel initiated a completely separate lawsuit in a different federal jurisdiction. This tactic created parallel federal court proceedings, escalating legal complexity and causing significant delays in reaching a resolution.

Defense Strategy

The QPWB defense team adopted a disciplined and aggressive strategy centered on protecting the individual owners and methodically timing their defense. Because the parallel TCPA litigation stalled initial progress, Nesbitt and Hafer closely monitored the underlying class action. Once the TCPA class certification was successfully denied, the team had the necessary foundation to press forward with their defense arguments in the California federal action.

Despite repeated, unequivocal assertions to opposing counsel that the individual owners bore no personal liability under the law, the plaintiff remained steadfast in demanding a six-figure resolution. In response, the defense team prepared and filed a comprehensive dispositive motion directly attacking the alter ego and fraud claims. The motion clearly outlined governing precedent, proving that no personal liability could attach to the individual owners under the facts of the case.

Impact on Final Outcome

The submission of the dispositive motion proved to be the decisive turning point in the litigation. Faced with binding case law and the immediate prospect of an adverse ruling from the court, opposing counsel recognized the legal deficiency of their alter ego theory.

Recognizing that their primary target for financial recovery had been completely insulated by QPWB’s motion, the plaintiff surrendered its demand for $250,000 in damages and $125,000.00 in attorney's fees. The plaintiff agreed to execute a full dismissal in exchange for a $0.00 walk-away agreement, resulting in zero financial liability for both the corporate entity and the individual owners.

Unique Aspects of the Case

The most distinct element of this litigation was the plaintiff’s choice to bypass standard cross-claim procedures in the underlying TCPA action, opting instead to launch a separate lawsuit in a different jurisdiction. This created simultaneous, parallel federal court proceedings while opposing counsel aggressively attempted to pierce the corporate veil to target the individual owners' personal assets.

Predicting the Future

This victory underscores QPWB’s readiness to press hard legal issues, execute precise motion practice, and protect corporate officers from improper personal exposure. By refusing to succumb to inflated demands and leveraging rigorous legal research to expose non-viable claims, QPWB continues to demonstrate its ability to navigate complex, multi-jurisdictional federal disputes and achieve total vindication for its clients.

Key Actions in This Case

• Dispositive Motion Practice: Drafted and filed a targeted dispositive motion that effectively dismantled the plaintiff's alter ego allegations and established that individual owners held no personal liability.
• Strategic Timing in Parallel Litigation: Monitored parallel federal TCPA class action proceedings until class certification was denied, using that outcome to drive the defense strategy forward.
• Insulation of Personal Assets: Successfully protected individual corporate owners from exposure to a $375,000.00-plus demand, forcing a $0.00 walk-away settlement.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A. is one of the fastest growing law firms in the United States providing a different focus on what it means to provide responsive service to clients and team members. With a national presence of 60 offices and a comprehensive scope of over 130 practice areas, QPWB delivers legal representation in litigation, regulatory, and corporate matters to a diverse range of industries. This scope and rapid expansion has attracted unique legal talent from all different backgrounds and experiences which has made them the largest minority-owned law firm in the country.