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CASES

Marshall Fire - Xcel Energy Litigation

Settlement Status

On August 25, 2023, Keller Rohrback filed its first complaint, Hughes v. Xcel Energy, Inc., against Xcel Energy and subsequently filed six additional complaints. In total, those seven complaints included over 550 plaintiffs. The cases were consolidated with the lead case, Kupfner v. Xcel Energy, Inc., before Judge Christopher C. Zenisek in the District Court of Boulder County.

Keller Rohrback served as Liaison Counsel and on the Plaintiffs' Steering Committee for the individual plaintiffs. 

On September 24, 2025, just ahead of trial, the parties reached a settlement. Pursuant to the agreement, Xcel paid $640 million without admitting liability for the Marshall Fire. The settlement, which also included Qwest Corp. and Teleport Communications America, resolved claims brought by individual plaintiffs, insurance companies, and public entities impacted by the fire. The resolution avoided what was anticipated to be a lengthy and complex trial. 

Case Overview

On December 30, 2021, the Marshall Fire, the most destructive wildfire the State of Colorado has ever seen, began its deadly rampage through Boulder County. More than 1,000 homes and commercial buildings were damaged or destroyed, and approximately 6,000 acres of land were burned, in this tragic but preventable disaster. 

Case Media

All Things Considered - Colorado's largest utility agrees to settle lawsuit over claims it sparked wildfire
The Colorado Sun - Xcel Energy settling Marshall fire lawsuit for $640 million while admitting no fault

Helpful Resources


9News – The Story Behind the Marshall Fire
NOAA – The Marshall Fire

Attorneys

Gretchen Freeman Cappio

Partner

Alison E. Chase

Partner

Katherine Klein

Associate

Daniel Mensher

Partner

Matthew Preusch

Partner

Lynn Lincoln Sarko

Managing Partner

Natida Sribhibhadh

Partner