BUCKINGHAM OBTAINS DISMISSAL IN CASE AGAINST COMMUNITY ASSOCIATION MANAGER
A community association manager (“CAM”) who was the subject of an investigation initiated by the Director of the State’s CAM program was cleared, and the matter brought against the manager’s license was dismissed without action, stipulation, or compromise agreement. Miles Buckingham of Nemirow Perez represented the manager who was targeted for disciplinary action based on an interpretation of the laws and regulations governing managers which, Buckingham and his client argued, exceeded the legal authority of the State. Because the laws and regulations governing Community Association Managers are relatively new, it is important that managers who are subject to an investigation, a request for information, or disciplinary proceedings, have counsel who is familiar with what the law and the regulations allow and do not allow.
PEREZ AND BROWN OBTAIN DISMISSAL OF LEGAL MALPRACTICE CASE
On February 9, 2017, judgment entered in favor of a Denver attorney, represented by Kevin P. Perez and Christopher P. Brown, based on a motion to dismiss prepared by attorneys Perez and Brown filed in Denver District Court. The Plaintiffs claimed more than $10 million in damages. But the Denver District Court agreed with the Defendant that Plaintiffs’ claims were barred by the doctrine of issue preclusion. The judgment resulted in the complete dismissal of all claims against the lawyer.
COURT OF APPEALS AFFIRMS JUDGMENT IN FAVOR OF HOA CLIENTS
In October 2016, the Colorado Court of Appeals affirmed the entry of summary judgment against all claims of the Plaintiff by an Adams County District Court Judge. Miles Buckingham and Chris Brown of Nemirow Perez P.C. represented the prevailing defendant/appellees in the case. In the unpublished opinion, the Court of Appeals found that the claims against a community association, that association’s management company, and the individual manager for the association, were appropriately defeated by an order of summary judgment. The Plaintiff, the panel of three appellate judges found, was unable to make the requisite showing that his claims were based in fact after Buckingham’s clients showed in their motion for summary judgment that there were no material facts in dispute which would allow the Plaintiff’s claims to proceed or prevail. The attorneys of Nemirow Perez P.C. are available to help you and your Colorado or Tennessee community association, community managers in the contentious, and sometimes complicated disputes which arise out of homeowners association laws.
NEMIROW AND BROWN OBTAIN DIRECTED VERDICT IN LEGAL MALPRACTICE ARBITRATION
On May 12, 2016 , four-days into an arbitration hearing, the Arbitrator presiding over the action dismissed a complicated legal malpractice case. Ron Nemirow and Chris Brown were defending the attorneys named in the suit. Plaintiff’s claims alleged that he was forced to settle a separate and underlying litigation for a loss, and to sell his businesses for less than it was worth, because of the claimed professional malpractice. Nearly $10,000,000 was sought in damages. The defendant attorneys, through their Nemirow Perez counsel, denied the claims, and took the matter to arbitration – a form of trial. Mr. Nemirow and Mr. Brown moved the presiding arbitrator to dismiss all claims at the conclusion of the Plaintiff’s case, and after Plaintiff’s witnesses were cross examined. The arbitrator granted the motion, and directed verdict in favor of Nemirow Perez’s clients. The attorneys of Nemirow Perez P.C. are litigation attorneys who provide strong representation to their clients all the way through trial.
NEMIROW AND MILLER WIN SUMMARY JUDGMENT FOR INSURANCE CARRIER
Nancy Miller and Ron Nemirow recently obtained summary judgment for an insurance carrier who was being sued in a bad faith case with unusual facts. The carrier’s insured was a lawyer who had been sued for legal malpractice; the carrier had defended and, at the insured’s urging, rejected the plaintiff’s policy limits settlement demand. During the pendency of the legal malpractice case, the insured filed for bankruptcy. The bankruptcy trustee and the legal malpractice lawyer entered into a stipulated judgment in excess of policy limits. The bankruptcy trustee then filed suit against the carrier asserting bad faith. The U.S. District Court for the District of Colorado granted the carrier summary judgment on a motion filed by Nemirow Perez, holding that the claim was not the property of the bankruptcy estate because it had not accrued when the bankruptcy petition was filed. The case involved significant questions and issues of legal malpractice law, bankruptcy law, and the law governing the duties of insurers in the State of Colorado. With a small, streamlined staff, but very experienced attorneys, Nemirow Perez was able to provide our client a strong outcome.