Jacob Felderman - Partner

Jacob Felderman is a Partner in Tyson & Mendes’ Denver offices. Mr. Felderman has in-depth experience in a number of practice areas including: professional liability, premises liability, product liability and commercial & general civil litigation in California and Colorado.

Mr. Felderman obtained a favorable jury verdict of 2% of plaintiff’s final demand prior to trial in an admitted liability auto accident case, in which plaintiff claimed life changing neck and back injuries. He successfully defended an international product corporation sued after an alleged food-borne outbreak caused over 300 cases of Hepatitis A and multiple deaths in the Eastern United States. He has also defended cases involving multi-million-dollar embezzlement schemes resulting in suit against C.P.A. firms for failure to uncover internal fraud during corporate audits.

Mr. Felderman earned his J.D. in 2003 and his B.A., English with honors, in 2000 from University of Iowa where he served as Manager of the Journal of Gender, Race & Justice. He is admitted to the bars of California and Colorado. In addition to his regular civil litigation practice, Mr. Felderman volunteers as legal counsel to the Allied Climbers of San Diego, where he recently won a Federal administrative appeal against the U.S. Forest Service. The successful appeal will result in opening public lands to responsible recreational user groups, while balancing the need to protect local flora and fauna.

In his free time, Mr. Felderman enjoys rock climbing, mountaineering, skiing, and spending time with his lovely family.

Recent Posts

Dram Shop Wrongful Death Damage: Which Damages Cap Prevails?

Colorado has enacted a number of tort reform statutes.  Typically, these statutes limit the amount of tort damages available to a plaintiff.  For example, CRS § 13-21-102.5(3)(a) limits non-economic damages in a tort action to $468,010 (but this cap is increased to a maximum of $936,030 if the plaintiff can show by “clear and convincing” evidence that the higher cap is warranted).

An Overview of Common Personal Injury Damages in Colorado

Plaintiffs in Colorado are entitled to recover damages to “make them whole.”  This category is known as “compensatory” damages.  Generally, compensatory damages include economic damages and non-economic damages.  Economic damages are the usual and natural consequence of the defendant’s conduct, like lost income and medical bills.  Non-economic or “special” damages are less tangible and are peculiar to the plaintiff, like pain and suffering.

When is a Leaky Roof No Longer the Roofer’s Problem? Application of Colorado’s Construction Defect Statute of Repose

What happens when a homeowner discovers a defect in their home, like a leaky roof, and then waits more than two years before suing the roofer who installed the roof?  The lawsuit would, of course, be barred by the statute of limitations because the homeowner stood on his rights for too long.

Insurance Defense Firm Opens Rocky Mountain Outpost

Law Week Colorado – January 10, 2018

Insurance defense law firm Tyson & Mendes announced Wednesday that it is expanding its reach into Colorado with attorney Jacob Felderman setting up the firm’s outpost. The firm specializes in insurance defense with attorneys practicing in areas including construction defect, personal injury, insurance coverage disputes, insurance bad faith, professional liability, directors’ and officers’ liability and wrongful death lawsuits, and employment law. The move to Colorado is driven in part by personal reasons for Felderman as well as professional reasons that put the firm closer to some of its primary clients.

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DOES UNINSURED MOTORIST COVERAGE ENCOURAGE ASSAULT?

In California, drivers can purchase “uninsured or underinsured motorist coverage” (“UCM”). If the driver is later injured in an automobile accident, and the at-fault party has no insurance (or insufficient insurance), then UCM coverage allows the injured driver to recover against his own insurance company.

DEFENDING A SELF-EMPLOYED PLAINTIFF’S LOST INCOME CLAIM: ARE PERSONAL TAX RETURNS DISCOVERABLE IN CALIFORNIA?

How do you defend against a lost income claim made by a self-employed plaintiff, when the plaintiff keeps little to no business records?  This type of plaintiff is usually able to provide testimony about their revenue, but draws a blank when asked to describe related business expenses. 

Can an Employer Be Held Liable for an Off-Duty Employee’s Tortious Conduct?

Employees often stray from their appointed tasks.  Some go so far as to assault customers or other employees.  Who is to blame when an employee assaults someone?

When is a Landowner Liable for a Sidewalk-Related Injury?

When a pedestrian trips and falls on the sidewalk, is the abutting landowner liable? As is often the case, the answer is, “it depends.”

Can California Taxpayers Recover Interest Via Negligent Tax Preparation Claim?

When a Certified Public Accountant (CPA) improperly prepares a taxpayer’s returns, resulting in underpayment of state or Federal taxes, the taxpayer will incur various expenses.  Specifically, the taxpayer will have to: 1) pay the outstanding taxes owed, 2) pay interest to the IRS and/or California Franchise Tax Board (FTB), 3) pay a penalty, and 4) pay corrective costs (i.e. cost to hire a new CPA to correct the mistake). 

CAN SURGICAL DEVICE PERSONAL INJURY PLAINTIFFS AVOID FEDERAL PREEMPTION BY MAKING A FALSE ADVERTISING CLAIM?

The surgically implanted medical device industry is highly regulated by the Food and Drug Administration (FDA). Because federal law so prevalently occupies this arena, most state-law based tort actions are preempted.

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