Areas of Concentration
• Complex Civil Litigation
• White Collar & General Criminal Defense
• Administrative Law
• General Business
Mr. Tooley concentrates his practice in the areas of complex civil litigation, criminal law, appeals, and administrative law, including liquor licensing matters. Before entering private practice, he served as Chief Deputy District Attorney in Arapahoe County. He has tried over 75 civil and criminal trials to verdict in State and Federal Court and has handled appeals of criminal, civil, and administrative decisions to the Tenth Circuit Court of Appeals, the Colorado Supreme Court, and the Colorado Court of Appeals.
Mr. Tooley has presented seminars to attorneys, paralegals, and professional organizations on subjects including ethical considerations in administrative law, effective management of civil litigation, grand jury investigations, DNA evidence, and search and seizure law.
A Martindale-Hubbell AV Preeminent Lawyer, Mr. Tooley has held an AV rating since 1997. Since 2006, Mr. Tooley and been repeatedly recognized as a Colorado Super Lawyer based upon the independent research of more than 13,000 lawyers in Colorado by Law & Politics, published in Colorado Super Lawyers and 5280 Magazine.
- J.D., 1985, University of Colorado, Boulder
- B.A., 1981, University of Colorado, Boulder, and Pomona College, Claremont, California
- 1993 – present, Partner Dill Dill Carr Stonbraker & Hutchings, PC
- 1985 – 1993, Chief Deputy District Attorney Arapahoe County, Colorado
- Serves on Colorado Supreme Court’s Hearing Board Member for Attorney Disciple Matters
- Serves as voluntary mediator for the Colorado Office of Attorney Regulation
- Served as voluntary inventory counsel for the Judicial Nominating Committee for the Second Judicial District (Denver)
Notable Cases and Representative Transactions
- Defended national health care provider in Colorado in criminal Medicaid fraud investigation brought by United States Department of Justice, and negotiated global resolution of related state claims asserted by 28 states against provider.
- Represented lead detective in federal civil rights litigation concerning first degree murder prosecution, as well as state criminal indictment for perjury, which indictment was dismissed.
- Represented dissenting shareholders in multi-million dissenters’ right lawsuit involving international real estate franchising company.
- Represented large automobile manufacturer in civil RICO action on behalf of large automobile dealer and obtained substantial recovery of monies taken from dealer in large-scale warranty fraud scheme.
- Represented elected and appointed high-level government officials in felony criminal cases and federal civil rights lawsuits.
- Represented managing partner of independent oil and gas company in action for accounting, breach of fiduciary duty, appointment of receiver, and dissolution of partnership.
- Represented plaintiffs and defendants in disputes involving real estate and commercial lease transactions, equipment lease financing, unfair competition, breach of contract, and theft of trade secrets.
- Represented liquor and gaming licensees in license applications, enforcement actions, and appeals to Colorado Court of Appeals and Colorado Supreme Court.
- Representation of attorneys in civil legal malpractice suits, felony criminal prosecutions, and disciplinary actions.
- Representation of plaintiffs in catastrophic injury cases resulting in million-dollar-plus recoveries.
Selected Reported Decisions
Zinna v. Congrove, 755 F.3d 1177 (10th Cir. 2014)
Zinna v. Congrove, 680 F.3d 1236 (10th Cir. 2012)
Zinna v. Board of County Com’rs of the County of Jefferson, 250 F.R.D. 527 (D.Colo. 2007)
Masters v. Gilmore, 663 F.Supp. 2d 1027 (D.Colo. 2009)
Stevinson Imports, Inc. v. City and County of Denver, 143 P.3d 1099 (Colo.App. 2006)
Sting Cheese Incident Ticketing, LLC v. Stylus Shows, Inc., 2006 WL 994239 (D. Colo., April
GF Gaming Corp. v. Black Hawk Casino Owners Ass’n., 326 F.Supp. 1177 (D.Colo. 2004)
GF Gaming Corp. v. Hyatt Gaming Management, Inc., 77 P.3d 894 (Colo.App. 2003)
In re 2000-2001 Dist. Grand Jury ex rel First Judicial Dist., 22 P.3d 922 (Colo. 2001)
Kantara, Inc. v. State, 991 P.2d 332 (Colo.App. 1999)
In re Aristocrat, Inc., 973 P.2d 727 (Colo. App. 1999)
People v. DeRose, 945 P.2d 412 (Colo. 1997)
Drake v. City and County of Denver, 953 F.Supp 1150 (D.Colo. 1997)