Professionals
Ugo Colella
Partner, Co-Founder, and Managing Partner
Ugo Colella represents clients in civil litigation in state and federal trial and appellate courts across the country. Although Mr. Colella has focused on business-related disputes and product liability and complex tort litigation, he brings fresh perspectives and new ideas to all areas of litigation and pre-litigation planning and avoidance. Known for his aggressive litigation strategies and tactics, Mr. Colella seeks to achieve the best results for his clients, whether that be through an early settlement or through full-fledged litigation, including trial (bench or jury) and appeal.
Mr. Colella has litigated cases involving a broad range of federal statutes, including the Interstate Land Sales Disclosure Act, Foreign Sovereign Immunities Act, Anti-Terrorism Act, Bankruptcy Code, Full Faith and Credit Act, Federal Tort Claims Act, False Claims Act, civil RICO, Lanham Act and Alien Tort Claims Act. Mr. Colella has been involved in several cases that test the limits of federal power, including challenges to federal courts’ exercise of subject matter jurisdiction and those courts’ attempts to assert personal jurisdiction over foreign entities and persons.
Mr. Colella also represents clients in claims brought under state law, including breach of contract, bad faith, unjust enrichment, premises liability, products liability, ordinary negligence, professional negligence, fraud, fraudulent conveyance/transfer, negligent misrepresentation, misappropriation of trade secrets, breach of fiduciary duty, conversion, veil-piercing, violation of consumer protection statutes, and tortious interference with contract or prospective business relationships.
Mr. Colella has defended wrongful death and survival cases in state and federal courts across the country as well as cases involving alleged traumatic brain injury, post-traumatic stress disorder, physical and mental disability, lost past and future earnings, and other economic and non-economic damages.
Mr. Colella is widely published. In addition to being relied upon by numerous scholars and cited in several authoritative text books, Mr. Colella’s publications have been cited and relied upon by members of the United States Supreme Court as well as federal and state courts across the country, including: the federal District of Columbia, First, and Ninth Circuits; federal district courts in Alabama, Alaska, Kentucky, New Jersey, Pennsylvania, Puerto Rico, Utah, and West Virginia; and the supreme courts of Alabama, Delaware, Indiana, Tennessee and Utah.
Prior to entering private practice, Mr. Colella was a member of the U.S. Department of Justice’s Honors Program, serving as a trial attorney for the Civil Division of the Justice Department. In this role, he handled toxic tort claims and a variety of other civil litigation issues at the federal trial and appellate levels for agencies, including the Department of the Army, Small Business Administration and Department of Energy.
Notable Facts
Born in Queens, New York, Ugo is a first-generation immigrant from Italy. He pitched in the 1985 College World Series for Stanford University, where he graduated with honors and distinction. After college, Ugo co-authored several papers that were published in legal periodicals before he attended law school. In law school, Ugo was the Editor-in-Chief of the Tulane Law Review. He was given the John Minor Wisdom Award for demonstrating excellence in academic work, in writing ability, and for contributing selflessly to the law school community. And, as a practicing attorney, Ugo raced triathlons as a hobby.
- Selected Publications
- Selected Speaking Engagements
- Quoted, “Insurer Again Asks For 11th Circ. Rehearing In Appraisal Order,” Law360, December 5, 2023
- Quoted, “11th Circ. Axes Insurer’s Appeal Over Appraisal Order,” Law360, June 12, 2023
- Quoted, “Ex-MLB Pitcher Says Signs Were Trade Secrets In Astros Suit,” Law360, May 14, 2021
- Co-author, “Don’t Arbitrate Contract Disputes,” New York Law Journal, August 7, 2020
- Author, “Should Congress Amend the FSIA to Allow Covid-19 Suits Against China?,” Bloomberg Law, May 6, 2020
- Quoted, “The Coming Wave of COVID-19 Class Actions,” Law360, April 21, 2020
- Co-author, “Model Mania: A Litigator’s Take on the COVID-19 Models That Have Shut Down the United States,” New York Law Journal, April 15, 2020
- Author, “Calif. Court Should Toss Pitcher’s Lawsuit Against Astros,” Law360, March 2, 2020
- Quoted, “Have Lawyers Ruined Arbitration?,” Law.com’s The Daily Business Review, February 5, 2020
- Quoted, “Second Chance: Faces Class Action Over Misleading Guarantees,” Class Action Reporter, November 22, 2017
- Quoted in “Lawsuit Says Nonprofit Second Chance Misled Consumers,” The Baltimore Sun, October 12, 2017
- Quoted in “When A Lawsuit Says You And Your Spouse Were ‘Just Friends’,” Financial Advisor, September 19, 2017
- Author, “The Meaning of ‘Sex’ and Pragmatic Judicial Interpretation,” The Hill, April 19, 2017
- Author, “Fake Legal Standing,” The Washington Times, March 21, 2017
- Author, “DC Wine Bar Sues Trump For Owning A Hotel Two Miles Away,” The Federalist, March 21, 2017
- Author, “Foreign Governments Should Be Sued For Cyberattacks,” Washington Examiner, February 13, 2017
- Author, “Use Legal Liability to Help Stem Tide of Fake News,” Financial Times, January 4, 2017
- Quoted, “Prince George’s Co. judge reduces $1.8M jury verdict at defense request,” The Daily Record, 2016
- Co-author, “A Primer on ‘Bad Faith’ in Federal Removal Jurisdiction,” Law360, Fall 2014
- Author, “Great Taste, But Ultimately Less Filling: ‘Daubert Lite’ and Class Certification,” In-House Defense Quarterly, Fall 2009
- Co-author, “The Curious Case of ‘Merits’ and Class Certification,” Class Action Litigation Reporter, 2009
- Co-author, “Managing the Credit Crisis in Court: Defense Control of the Class Certification Process,” Class Action Litigation Reporter, 2008
- Author, “‘Con-Torts’: From Breach of Contract to Tort Claims,” Law360, 2008
- Co-author, “Interpreting Federal Statutes of Limitation,”37 Creighton Law Rev. 493, 2004 (Cited by the Supreme Court of the United States, the U.S. Court of Appeals for the District of Columbia Circuit, the Supreme Court of Tennessee and the Court of Appeals of Tennessee)
- Co-author, “Revisiting Equitable Tolling and the Federal Tort Claims Act: Putting the Legislative History in Proper Perspective,” 31 Seton Hall L. Rev.174, 2000 (Cited by the U.S. District Courts for the Eastern District of Pennsylvania and the District of Utah)
- Co-author, “The Burden of Proving Jurisdiction Under the Federal Tort Claims Act: A Uniform Approach to Allocation,”67 Fordham L. Rev. 2859, 1999 (Cited by the U.S. District Courts for the Eastern District of Kentucky, the District of West Virginia and the District of New Jersey)
- Co-author, “Revisiting Equitable Tolling and the Federal Tort Claims Act: The Impact of Brockamp and Beggerly,” 29 Seton Hall L. Rev. 174, 1999 (Cited by the U.S. Court of Appeals for the Ninth Circuit and the U.S. District Court for the Middle District of Alabama)
- Author, “The Case for Borrowing a Limitations Period for Deemed-Denial Suits Brought Pursuant to the Federal Tort Claims Act,” 35 San Diego L. Rev.391, 1998 (Cited by the U.S. Court of Appeals for the First Circuit)
- Author, “Trust the Tale, Not the Author: Judicial Review of Legislative Motivation and the Problem of Proving a Racially Discriminatory Purpose under the California Constitution,” 69 Temple L. Rev. 1081, 1996
- Author, “The Secret Dissent in Yamaha Motor Corp., U.S.A. v. Calhoun—Never Before Published!,” 71 Tul L. Rev. 203. 1996
- Author, “The Proper Role of Special Solicitude in the General Maritime Law,” 70 Tul. L. Rev. 227, 1995
- Co-author, “Protecting Privacy During Discovery,” 18(9) L.A. Lawyer 17, 1995
- Author, “The Law Review Is Better Than Spinach,” 70 Tul. L. Rev. i, 1995
- Author,”Mangieri v. Clifton: The Fifth Circuit Extends Qualified Immunity to Police Officers who Arrest Anti-Abortion Protestors,” 69 Tul. L. Rev. 833, 1995
- Author, “HIV-Related Information and the Tension Between Confidentiality and Liberal Discovery: The Need for a Uniform Approach,” 16J. Legal Med33, 1995
- Co-author, “What a Difference a Day Makes: Age Presumptions, Child Psychology, and the Standard of Care Required of Children,” 24 Pac L.J. 1323, 1993 (Cited by the Supreme Court of Indiana)
- Co-author, “No Chance for Lost Chance Recovery in California,” 15(6) L.A. Lawyer 40, 1992
- Co-author, “Lost Chance Recovery and the Folly of Expanding Medical Malpractice Liability,” 27 Tort & Ins. L.J. 615, 1992 (Cited by the U.S. District Courts for the District of Alaska and the Middle District of Alabama and the Supreme Court of Delaware)
- Speaker, “Personal Jurisdiction: Past, Present, and Future,” Wake Forest University School of Law, Winston-Salem, NC, September 28, 2017
- Interviewed on “Up All Night,” BBC Radio, January 2017 (Interview starts at 3:13:32)
- Panelist, “Defense on the Offense: Moving to Deny Class Certification,” Phoenix, September 2009
- Panelist, “How to Assess Expert Testimony at the Class Certification Stage,” Seattle, May 2009
- Panelist, “Alternative Dispute Resolution,” U.S. Department of Justice, Civil Division, Washington, D.C., September 1999
Education
- Tulane Law School, J.D.
- Stanford University, B.A.
Professional Experience
- Duane Morris LLP
- Thompson Hine LLP
- Patton Boggs LLP
- Katten Muchin Rosenman LLP
- U.S. Department of Justice Civil Division (Environmental Torts)
- Law Clerk to the Honorable Carl E. Stewart, U.S. Court of Appeals, 5th Circuit
- Judicial Extern for the Honorable Martin L.C. Feldman, U.S. District Judge for the Eastern District of Louisiana
- Judicial Extern for the Honorable Frederick J.R. Heebe, U.S. District Judge for the Eastern District of Louisiana
Bar Admission
- District of Columbia
- U.S. Supreme Court
- U.S. Court of Claims
- U.S. District of District of Columbia
- U.S. District of Maryland
- U.S. Eastern District of Michigan
- U.S. Eastern District of Texas
- U.S. Eleventh Circuit Court of Appeals
- U.S. Federal Circuit Court of Appeals (Washington, DC)
- U.S. Fourth Circuit Court of Appeals
- U.S. Ninth Circuit Court of Appeals
- U.S. Second Circuit Court of Appeals
- U.S. Seventh Circuit Court of Appeals
- U.S. Third Circuit Court of Appeals
Memberships
- Tulane Law Review Advisory Board of Editors
- National Italian-American Foundation
The Raven Blog
- Evaluating Virtual, Pay-To-Play Law Firms that Market Working From Home - Because layoff and compensation cuts have just begun in Big Law, law firms that identify themselves as “non-brick-and-mortar” or “virtual” and tout working from home smell blood in the water. On an almost daily basis, these firms are bombarding the online world with big recruiting pushes in an attempt to take advantage of the new...
- Big Law Meltdown 2.0 - I still vividly remember that day in 2008. The financial markets were melting down, and the country was in the grip of the mortgage crisis. I walked into my office and saw a memo on my desk from Big Law management. The memo was short, sweet, and to the point: All partners’ compensation would be...
- Fantasy Baseball Players Strike Out in Court - Seeking to capitalize and cash in on MLB’s sign-stealing scandal, a handful of fantasy baseball players using DraftKings sued Major League Baseball, the Houston Astros, and the Boston Red Sox in New York federal court. The fantasy players brought what they were hoping to be a nationwide class action, alleging theories of fraud, negligence, violation...
