Colorado Court of Appeals Expands CCIOA Sec. 317
- December 28, 2023
- Miles Buckingham
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In a new decision from the Colorado Court of Appeals, the Judges have ruled that bank statements for accounts held by Colorado homeowners associations “may” be included in the category of materials which must be kept by the community, and…
Colo. Supreme Court: Presence of 3rd Party Waives Attorney-Client Privilege
- December 6, 2018
- Miles Buckingham
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The Colorado Supreme Court entered an opinion resolving an attorney-client privilege issue that has long been open under Colorado law – whether and when the presence of a non-client destroys the attorney-client privilege. Pursuant to the opinion authored by Justice…
Second circuit recognizes sexual orientation as protected class; Supreme Court next?
- April 23, 2018
- Miles Buckingham
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In late February 2018, the Second Circuit, sitting en banc (full panel), became the second federal appellate court (joining the Seventh Circuit) to recognize sexual orientation as a protected class under Title VII. Zarda v. Altitude Express, Inc., 883 F.3d…
What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years
- June 5, 2017
- Miles Buckingham
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What was the Rule Against Perpetuities, again? The Colorado Supreme Court has entered its Opinion on the Vallagio at Inverness Residential Condo Assoc. v. Metro Homes, Inc., case. A copy of the Opinion is available AT THIS LINK. In its…
Employees, Independent Contractors, and Volunteers-oh my!
- February 23, 2017
- Miles Buckingham
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Do you know how many employees you have? The answer may not be as clear-cut as you think. Many employers classify workers as independent contractors and volunteers, but Courts might consider those workers as actual employees. A recent case from…
Comparative Negligence and Hospitals
- December 23, 2016
- Miles Buckingham
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Comparative negligence unavailable as a defense where hospital accepts care of self-harming individuals Hospitals can be liable for patient suicides under certain circumstances, even where the self-harm inflicted by the individual would otherwise preclude a recovery. That is what the…
Nemirow Perez Offers Virtual General Counsel For Small Businesses
- September 3, 2016
- dflo
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Have you considered a virtual General Counsel for your small business? Small business owners are busy, on a budget, and sometimes baffled by the legal and regulatory side of running a business. As small business owners ourselves, we get it…
When Does Collecting Fees and Costs Mean Retaliation?
- February 3, 2016
- Miles Buckingham
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February 3, 2016 – Colorado State Senator Morgan Carroll has introduced SB16-082 which seeks to prohibit Colorado homeowners’ associations from retaliating against an owner who undertakes ” a lawful action” to complain about “violation[s]” in a community. The proposed law,…
Colorado Supreme Court’s Baker Opinion Affirms Narrow Window of Liability for Attorneys
- January 20, 2016
- Miles Buckingham
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On January 19, 2016, the Colorado Supreme Court issued its Opinion in Baker v. Wood, Ris & Hames, 2013 SC 554. In its Opinion the Court reexamined the issue of whether an attorney may be held liable to a non-client for…
Boulders at Escalante-Foreseeability and Causation in Legal Malpractice Actions
- July 9, 2015
- Miles Buckingham
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On June 18, 2015 the Court of Appeals issued its opinion in Boulders at Escalante LLC v. Otten Johnson Robinson Neff and Ragonetti PC, 2015 COA 85. The case carries significant implications for legal malpractice cases in Colorado. The case involves…