Kimberly B. Berve

Kim Berve represents individuals and companies at the trial and appellate level in various areas of commercial litigation.  She has litigated cases that involve oil and gas interests, breach of contract, trade secret and non-compete violations, antitrust issues, breach of fiduciary duty, and product liability.  She also researches and drafts complex motions and briefs for all stages of litigation on behalf of our firm’s individual and corporate clients.

Before joining Dowd Bennett, Kim served as a law clerk to The Honorable John Daniel Dailey of the Colorado Court of Appeals.  More recently, Kim was staff counsel at Wheeler Trigg O’Donnell LLP in Denver.

Representative Matters

• Lead appellate counsel for Dowd Bennett successfully defending against the defendants’ appeal of the trial court’s order permitting the plaintiffs, in a lawsuit alleging fraud and negligent misrepresentation, to amend their complaint to assert a claim for punitive damages.  Florida’s Third District Court of Appeal affirmed the order granting leave to amend to assert a punitive damages claim in Pulwer et al. v. Pearl Brothers, LLC et al., 3D2024-1092 (Fla. 3d DCA Dec. 16, 2024).
• A member of the Dowd Bennett team representing a medical device company co-founder in obtaining a sweeping preliminary injunction against the other co-founder following a three-day evidentiary hearing in Dumanian et al. v. Schwartz et al., 2022 WL 2714994 (N.D. Ill. July 13, 2022).
• A member of the Dowd Bennett team that obtained an opinion affirming summary judgment in favor of a medical device company co-founder in the Tenth Circuit Court of Appeals – Wells Fargo Bank, N.A. v. Mesh Suture, Inc. and Mark Schwartz v. Randa Dumanian, Gregory Dumanian and Adom Dumanian, 31 F.4^th 1300 (10^th Cir. 2022).
• Successful outcome on behalf of a medical device company co-founder against one of Puerto Rico’s largest financial institutions – Dumanian v. FirstBank Puerto Rico, 2021 WL 5982638 (D. P.R. Dec. 17, 2021).
• A member of the Dowd Bennett team that achieved summary judgment in favor of the founding surgeon of a medical device company in an interpleader lawsuit related to the company’s investment funds – Wells Fargo Bank, N.A. v. Mesh Suture Inc. et al., Case No. 19-cv-03218-PAB-GPG.
• A member of the Dowd Bennett team representing international conglomerate Circle K Stores, Inc. (a subsidiary of Alimentation Couche-Tard Inc.), including pursuing fraud and civil theft claims against a fuel hauling company for millions of dollars in alleged misappropriated fuel, which resulted in a summary judgment victory for Circle K on liability – Case No. 2020-cv-3118, Jan. 12, 2022, Order from Judge Vasquez.  The case ultimately settled in the millions of dollars, which represented a complete recovery by Circle K from the defendants.
• A member of the Dowd Bennett team representing Circle K in various arbitrations and other matters around the United States, including obtaining a seven figure AAA Arbitration Award for Circle K against a prominent financial services firm following a 7-day arbitration hearing.