Mia K. Della Cava

(303) 292-7718
Partner
(303) 292-7799 Fax
mia.dellacava@kutakrock.com

Ms. Della Cava is a partner with Kutak Rock’s Denver office and a member of the firm’s Litigation Practice. She focuses her practice on complex commercial litigation, having represented plaintiffs and defendants in hundreds of litigation disputes. Ms. Della Cava has counseled a wide range of regional, national, and international clients, including Fortune 100 companies, as well as political subdivisions and municipalities.

Ms. Della Cava specializes in public finance litigation, having represented municipalities, special districts, bondholders, banks, trustees and others in virtually every type of dispute arising from public finance transactions and related tax laws. She has significant experience in the litigation of, among other things, validation actions, TABOR and other bond-related constitutional provisions, Title 32, and the Election Code, as well as related contractual issues. Additionally, Ms. Della Cava has significant experience in, among other things, appeals, contract disputes, business torts, financial services litigation, employment litigation, premises liability, and other tort-related disputes in Colorado and Arizona state and federal courts.

Before joining the firm, Ms. Della Cava was a litigator with a preeminent Phoenix law firm, where she practiced in litigation and administrative law. She is strongly committed to civic and community service, and has been active with the Denver Chamber of Commerce, having completed its civic leadership program, “Impact Denver,” for Denver’s next generation of community leaders. Her past civic experience includes serving as a Reporter at the 90th Arizona Town Hall, where she co-authored a report published statewide in Arizona, “Health Care in Arizona: Accessibility, Affordability, and Accountability.”

With her experience, responsiveness and pragmatic approach, Ms. Della Cava has the expertise to obtain successful resolutions on behalf of her clients. She is admitted to practice in Colorado, Arizona and the U.S. District Courts of Colorado and Arizona. She speaks Croatian fluently.

Representative Experience

  • Prevailed in Landmark Towers Association, Inc. v. Colorado Bondshares, et al., 408 P.3d 836 (Colo. 2017), where the Colorado Supreme Court reversed the Court of Appeals and held that homeowners association’s challenge to a TABOR Election was barred under the Election Code; in the same case, successfully represented the bondholder and trustee at the TABOR refund trial, where the Court dismissed the plaintiff’s claims against them for fraudulent transfer and unjust enrichment in connection with a $30 million bond financing for a residential development.
  • In a related case, served on team of attorneys which prevailed in Marin Metropolitan District v. Landmark Towers Association, Inc., 2014 COA 40, where the Court of Appeals rejected the homeowners association’s challenge to the creation of a special district.
  • Successfully represented a California municipality in a validation action, including at trial and on appeal, thereby permitting the municipality to proceed with a planned financing for the development of public streets and highways valued at nearly $1 billion.
  • Currently represents a California municipality in defending a class action based on its negotiation of franchise agreements with local gas and electric utilities.
  • Successfully represented a financial institution and trustee involved in a contract dispute with developers related to the issuance of tax increment revenue bonds, which dispute gave rise to two Missouri state court actions and two Missouri federal court actions over several years.
  • Successfully represented special districts in amicus briefing in SDI Inc. v. Pivotal Parker Commercial, LLC, 339 P.3d 672 (Colo. 2014), where the Colorado Supreme Court reversed the Court of Appeals and held that Title 32 permits special districts to assign the right to receive development fees.
  • Recovered substantial sums for national financial services institutions in actions on loans and lease agreements in default; secured on summary judgment a $1.8 million ruling in favor of a Fortune 100 client.
  • Routinely represents a major international retailer in various matters, including appeals, city permitting issues, negligence, premises liability and other disputes.
  • Represented two international meat processors in food liability and other disputes.
  • Prevailed in numerous Title VII, ADA, ADEA, ERISA, and FMLA cases; settled a matter involving Title VII, ADA, 42 U.S.C. § 1981, and breach of contract claims against Kutak Rock's client with full indemnification of the settlement amount and our client’s attorneys’ fees and costs.
  • Extensive experience in advising lawyers in connection with Arizona State Bar proceedings.