Joel James Fulton
Special CounselJoel James Fulton was born and raised in Omaha, Nebraska. Before joining Hamre, Rodriguez, Ostrander & Prescott, PC, Mr. Fulton served for five years as Senior Judicial Law Clerk to Hon. Jeffrey J. Funke at the Nebraska Supreme Court. Mr. Fulton is passionate about basketball, chess, cinema, and his Australian Shepherd Ziggy.
Education
- University of Nebraska College of Law, 2010-13. JD.
- Order of the Barristers.
- National Moot Court Team.
- Client Interviewing and Counseling Competition Board Member.
- Nebraska College of Law Magazine Articles Writer.
- Judicial Externship, Juvenile Court for Lancaster County.
- Emory University. 2004-08. BA.
- Barkley Forum Debate Team.
Representative Decisions
Murphy Creek Development, Inc. v. Matise, 24CA230 (Nov. 14, 2024). The Colorado Court of Appeals affirmed the dismissal of the complaint filed against Mr. Matise under Colorado’s Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute and granted Mr. Matise’ request for attorneys fees and costs incurred on appeal
Montoya v. Phillips, et al., 24CV17 (Dist. Crt. Colo., May 16, 2024). The court granted Ms. Phillips’ Motion to Dismiss under C.R.C.P. 12(b)(5) with prejudice and granted Ms. Phillips’ request to strike Mr. Montoya’s sur-reply.
South Conejos Sch. Dist. RE-10 v. Wold Architects Inc., 2023 COA 85 (Sept. 21, 2023) (cert. denied June 4, 2024). A division of the Colorado Court of Appeals found valid and enforceable the School District’s contract provision for accrual of construction defect claims and remanded for a trial on the School District’s claims.
Christian v. The Board of County Commissioners of Summit County, 21CV30147 (Dist. Crt. Colo., Oct. 10, 2022). Plaintiff agreed to dismiss Summit County from a personal injury lawsuit after the County filed its motion to dismiss under the Colorado Governmental Immunity Act.
Haselden Resort Constructors, LLC v. PaulsCorp, LLC, et al., No. 24964 (JAMS, June 24, 2022). Chair John P. Leopold, for the Arbitration Panel, entered an order granting Haselden’s motion for summary judgment for entitlement to recover defense and indemnity costs and reasonable attorney fees.
Claeys v. Woolf, 14-CV-1174-CBS (D. Colo. June 8, 2016), aff’d, 2017 U.S. App. LEXIS 4263 (10th Cir. 2017). The court affirmed the district court’s grant of summary judgment on malicious prosecution and unreasonable search and seizure claims.
First National Bank of Durango, et. al., v. Lyons, 08CV272 (Dist. Crt. Colo., Jan. 5, 2017). Following a 10-day bench trial, the court entered judgment for defendants based on securities fraud claims for misrepresentations and omissions made in the connection with the sale of $4,130,000 in municipal development district bonds.
Bryars v. Argus Event Staffing, LLC, 15CV385 (Dist. Crt. Colo., Mar. 16, 2016). The court granted defendant’s motion to dismiss based the statute of limitations and failure to “relate back” under C.R.C.P. 15(c).
Davies v. City of Lakewood, et al., 14-CV-1285-RBJ (D. Colo., Feb. 16, 2016). The court granted summary judgment finding Sgt. Grady was entitled to qualified immunity, because it was not clearly established under the law that a supervisor could be held liable for an accidental officer-on-officer shooting.
Retz v. Seaton, 8:11-CV-169-LSC (D. Neb., Apr. 19, 2013), aff’d, 741 F.3d 913 (8th Cir. 2014). After a three-day trial, the jury found Retz proved his claims of excessive force against an Omaha police officer.
Seminars
- NSBA Annual Meeting, Appellate Practice Section, Motion Practice in Nebraska’s Appellate Court’s, October 19, 2023
- Opening of Term Seminar, Judicial Panel: Lessons Learned, August 29, 2023
- Moot Court Guest Lecturer for 2L Class, Creighton College of Law, August 17, 2020
- Judicial Clerkship Q&A for 1L Class, Nebraska College of Law, February 28, 2019.
Publications
- Call Before You (Clean Up): Avoid the Presumptuous Parenthetical, American Bar Association, Appellate Issues (Fall 2024)
- Rethinking Hamon Contractors, Inc. v. Carter & Burgess, Inc. to Clarify Application of Colorado’s Economic Loss Rule to Post-Contractual Fraud Claims, 92 Denv. U.L. Rev. Online 171 (2015).
Honors
- Nebraska Supreme Court Access to Justice Commission and Nebraska State Bar Association recognitions for commitment to improving equal access to justice by devoting professional time and resources to voluntary pro bono legal service (2021).
- NSBA Leadership Academy (2019-20).
- Lawyer’s League Basketball, Division B Champions, “Eddie’s Favorites” (CO 2016)
Memberships
- Colorado Bar Association
- Colorado Judicial Institute
- Colorado Defense Lawyers Association; CDLA Trial Academy (2016)
- First Judicial District Bar Association, Jefferson & Gilpin Counties
- Nebraska State Bar Association
- NSBA Appellate Practice Section, Executive Committee Member (2022-2025)
- NSBA Appellate Practice Section (2019-Present)
- NSBA Practice and Procedure Committee (2019-Present)