Timothy P. Schimberg (Retired)

Timothy P. Schimberg (Retired)

Timothy P. Schimberg (Retired)

Email

P: (303) 298-8603

F: (303) 298-8748

Background

Timothy P. Schimberg is a partner with Fowler, Schimberg, Flanagan & McLetchie, P.C.   He was born and raised in Cedar Rapids, Iowa.  He received a Bachelor of Arts degree with Dean’s List Honors in 1971 from the University of Notre Dame.  He moved to Pueblo, Colorado and was involved in educational, recreational and neighborhood programs, with an emphasis in working with students and families at risk.  After a year of teaching in Texas, Tim returned to Colorado teaching severe and profound developmentally disabled teens for the next five years.

He attended Drake University Law School and graduated with honors in 1980.  While at Drake, he served as the President of the student body and later served on its Board of Counselors.

Licensed in Colorado in October of 1980, he practiced with Wood, Ris & Hames, P.C. until April of 1987, the last two years as a shareholder.  At that time, he and Dan Fowler founded Fowler & Schimberg, P.C.

Tim served as President of the 700 member Colorado Defense Lawyers Association in 1989, served as its State Representative to the Defense Research Institute and Trial Lawyers Association (DRI) for 8 years.  He served on the Board of Directors of DRI in 1997-2001 and has received a series of service awards for his work, with an emphasis on diversity outreach, Habitat for Humanity and seatbelt safety programs.  Tim instituted and served as the Chair of the first Diversity Committee of the DRI.  As a result of his commitment to diversity and the practice over the years, in 2001 the Colorado Defense Lawyers Association established the Timothy P. Schimberg Diversity Scholarship at both Colorado law schools.  He has been consistently selected as one of “Colorado’s Super Lawyers.”  He has served on the Colorado Supreme Court Jury Instruction Committee since 1999.  He is licensed to practice in the United States Supreme Court, Tenth Circuit Court of Appeals, the U.S. District Court for Colorado and the State of Colorado.  In 2016, Tim received the Professionalism Award from the trial bar.

Notable Cases

  • Beckman v. Carlson, 553 F. Supp. 1049 (1983 U.S. Dist.)
  • Glenn v. First Nat’l Bank, 868 F.2d 368 (1989 U.S. App.)
  • Heirs of Leetz v. Amica Mut. Ins. Co., 839 P.2d 511 (1992 Colo. App.)
  • Spencer v. United Mortgage Co., 857 P.2d 1342 (1993 Colo. App.)
  • Feeney v. Jefferson County Health Servs. Ass’n, 949 P.2d 103 (1997 Colo. App.)
  • Jefferson County Health Servs. Ass’n v. Feeney, 974 P.2d 1001 (1998 Colo.)
  • James v. Coors Brewing Co., 73 F. Supp. 2d 1250 (1999 U.S. Dist.)
  • Houston v. Norton, 215 F.3d 1172 (2000 U.S. App.)
  • Katz v. City of Aurora, 85 F. Supp. 2d 1012 (2000 U.S. Dist.)
  • Brown v. O’Bannon, 84 F. Supp. 2d 1176 (2000 U.S. Dist.)
  • Parker v. Board of County Comm’rs, 78 F. Supp. 2d 1169 (2000 U.S. Dist.)
  • Bartell v. Aurora Public Schools, 263 F.3d 1143 (10th Cir. 2001)
  • Howard v. County of Las Animas, 212 Fed. Appx. 711 (10th Cir. 2006)
  • Brooks v. Supervalu, Inc., 189 Fed. Appx. 818 (10th Cir. 2006)
  • Dougherty v. Home Depot, U.S.A., Inc., 2007 U.S. Dist. LEXIS 72779 (D. Colo. 2007)
  • Schultz v. Stanton et. al., ___ P.3d ____, 2008 Colo. App. LEXIS 979 (Colo. App. June 28, 2008), cert. granted
  • Stanton v. Schultz, 222 P.3d 303 (Colo. 2010)
  • Zinna v. Cook, 2010 WL 3604386 (D. Colo. September 7, 2010)  
  • Tarco, Inc. v. Conifer Metropolitan District, 316 P.3d 82 (Colo. App. 2013)
  • First National Bank of Durango v. Lyons, 349 P.3d 1161 (Colo. App. 2015)

Practice Areas

  • Governmental entity defense to include public officials
  • Professional negligence defense (emphasis in legal, insurance agent, broker, and clergy malpractice)
  • Personal injury, property damage, and product liability litigation
  • Employment litigation: civil rights, Title VII, wrongful discharge
  • Confidential Relationships (clergy, educators, therapist’s defense)
  • General commercial tort litigation
  • First party insurance matters (coverage questions, fraud, bad faith)
  • School/Education Law

Education

  • Drake University, Juris Doctor May, 1980
    • President, Student Body, Dean’s Academic Honor List, Martin Tolefson Award (scholastic, leadership, and service honorary)
  • University of Notre Dame, Notre Dame, Indiana May, 1971
    • Bachelor of Arts – Government, Dean’s Academic Honor List

Bar Admission

  • United States Supreme Court 2006
  • State of Colorado 1980
  • United States District Court for the District of Colorado 1980
  • Court of Appeals, Tenth Circuit 1980
  • Colorado Defense Lawyers Association Seminar – Assistant Chair of Programming 1982- 1986, Chairman 1987 Program, Speaker 1991, 1995, 1996, 1998, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2015, 2016
  • Tri-State Defense Lawyers Association (Maine, New Hampshire, Vermont) – September, 2008
  • Southern Chapter of Colorado Defense Lawyers Association – September, 2008
  • Texas Association of Defense Counsel Spring Meeting (Chicago, Illinois) – May, 2008
  • Defense Research Institute – National Enclave of State Representatives – March, 2008
  • DRI State Representative Meeting (Chicago, Illinois) – March, 2008
  • School Law Seminars 1995, 1996, 1997, 1998, 1999, 2000 and 2001
  • Colorado Governmental Liability Act – Lecturer for various public entities 1990, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 2002, 2004 and 2015
  • Licensed Professional Organizations regarding standards of care – primarily Insurance Producer Groups
  • Mass Tort Litigation
  • Colorado CLE Personal Injury Seminar
  • Miscellaneous Colorado CLE Seminars – Litigation Focus
  • Eastern Claims Conference – Lecturer – Bad Faith Litigation with emphasis in witness preparation in the Punitive Damage Case, 1986
  • Colorado Trial Lawyers Association – Lecturer – Discovery, Experts, Depositions
  • Frequent Lecturer at the Annual Meeting of the Colorado Defense Lawyers Association: Rules of Civil Procedure, Ethics, Professionalism
  • DRI – Board of Directors 1997-2001
  • DRI – Colorado State Representative 1989-1997
  • Colorado Defense Lawyers Association – Treasurer 1985-86, Vice President 1986-87, President Elect 1987-88, President 1988-89, Board of Directors 1985-present
  • Faculty of Federal Advocates 2004-present
  • Colorado Bar Association Board of Governors 2005-2008 Colorado Bar Association – Alcohol and Related Problems Committee, Chairperson 1994-2000. Multi Discipline Practice Task Force. Litigation section.
  • Jefferson County Bar Association – Public Affairs Committee, Chairperson 1993; Professionalism Committee, Chairperson 1995
  • Drake University Law School – Board of Counselors 1990-1994
  • Colorado Supreme Court Committee on Civil Pattern Jury Instructions 1999 to present
  • Timothy P. Schimberg Diversity Scholarship – Instituted by the Colorado Defense Lawyers Association in 2001 to provide scholarships to deserving law students of color
  • DRI – Service to Community Award 2001
  • DRI – State Leadership Award 1997
  • DRI – Community Leadership Award 1996
  • Professionalism Award from the trial bar, 2016
  • Cooperation Between the Bars Award