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.
BUCKINGHAM WINS SUMMARY JUDGMENT FOR MANAGEMENT COMPANY CLIENT
Plaintiffs lost all of their claims against a mountain-area condominium management company after a summary judgment motion filed by Miles Buckingham on behalf of his client was granted by the District Court. The case, which was brought by the owner of a commercial condominium unit, will not be proceeding against Nemirow Perez’s client.
BUCKINGHAM AND BROWN WIN DISMISSAL IN FAVOR OF HOA CLIENT
All claims by four plaintiffs against a large Denver-area owners’ association were abandoned, and the case dismissed on the motion of the Plaintiffs themselves after the Court granted a motion by Miles Buckingham and Chris Brown which effectively gutted the Plaintiffs’ ability to recover any monetary damages. The surgical strike was precisely targeted at what was proven to be a critical weakness in the case. Damages in excess of $600,000 had been claimed.
SUMMARY JUDGMENT AGAINST SERIAL LITIGANT AND IN FAVOR OF BUCKINGHAM’S ASSOCIATION CLIENT
In August 2015, an Adams County Judge entered summary judgment against the claims of a disgruntled former owner of a Colorado owners' association. The Plaintiff, who has attempted to bring claims against the association on two prior occasions, once again found his claims rebuffed by a Colorado judge. While the law provides all litigants with a forum to hear their complaints, suits by homeowners can be expensive and distracting unless your association is assisted by an attorney with experience in using the law to stop expensive litigation in its tracks. If your community, your Board, or you are sued by a homeowner, consider asking your Board and your insurer to bring on the attorneys of Nemirow Perez.
SUMMARY JUDGMENT ORDER IN FAVOR OF BUCKINGHAM’S CLIENT IN CLASS ACTION LAWSUIT
In August 2015 the Weld County District Court granted a motion for summary judgment filed by Nemirow Perez President Miles Buckingham in favor of his homeowner association client. The suit, brought by a Denver law firm on behalf of a number of former owners, attacked the association's handling of a defect suit against the developer of the community. In entering judgment in favor of the association, and against all claims of the plaintiffs, the Court applied multiple, complicated issues of common and statutory authorities, culminating in the determination that no claims could proceed. Miles Buckingham is a litigation attorney with significant experience in defending lawsuits against Colorado owners' associations involving the Colorado Common Interest Ownership Act ("CCIOA"). If your association finds itself defending against claims by an owner, a developer, or a stranger to the community, ask your Board to consider retaining or requesting the assistance of Nemirow Perez P.C.
PEREZ AND BROWN GET DEFENSE VERDICT FOR GROCERY STORE IN PREMISES LIABILITY CASE
On May 13, 2015, after a three-day trial, a Denver County jury returned a defense verdict in a premises liability case in which the plaintiff claimed that a national retail grocery store should have done more to protect her from slipping and falling on a piece of wax paper. The jury determined that the grocery store neither knew, nor should have known, about the piece of wax paper on the floor. Perez and Brown presented evidence to the jury that even to the right company, using the right people, the right training, and the right equipment work to provide a pleasant and safe environment for all customers, accidents can happen. That is a reality, and just because an accident happens does not mean that the store failed to be appropriately proactive and diligent. Perez and Brown worked hand-in-hand with both store employees and recognized experts to communicate to a jury how several layers of training, procedures, and equipment come together to provide customers with a safe shopping environment, even if they do not see the efforts around them.
PEREZ AND BROWN OBTAIN SUMMARY JUDGMENT ON EMPLOYMENT DISCRIMINATION CLAIMS AGAINST HOMEOWNER’S ASSOCIATION
On April 20, 2015, Kevin P. Perez and Christopher P. Brown obtained summary judgment for their homeowners’ association client, which led to the dismissal of all Title VII sexual harassment and retaliation claims brought against the HOA. The United States District Court Judge’s summary judgment order also resulted in an award of costs in the HOA’s favor.
SUMMARY JUDGMENT WIN FOR BUCKINGHAM AND HOA CLIENT IN CONTENTIOUS CASE; COURT AWARDS 100% OF FEES AND COSTS SOUGHT
AFFIRMED: The Colorado Court of Appeals sides with Nemirow and Buckingham and affirms that summary judgment against two Arapahoe County litigants was warranted; case remanded for award of additional attorney fees for their HOA client. On February 5, 2015, a panel of the Colorado Court of Appeals entered its opinion on a case won by summary judgment by Nemirow Perez's President, Miles Buckingham. The suit, which alleged several violations of law and statute by an Arapahoe County homeowners' association, was won on motion without the need for a trial. In the unpublished opinion, the Court of Appeals held that the summary adjudication was proper, and that the plaintiffs had not, and could not, prove up their claims. The attorneys of Nemirow Perez are proud of their trial experience, and willingness to see a case through to verdict, but are also pleased when the client is vindicated without the expense, or anxiety, of a trial.
BUCKINGHAM OBTAINS SUMMARY JUDGMENT AGAINST VAIL, COLORADO PLAINTIFF’S SUIT AGAINST HOA
On September 25, 2014, an Eagle County District Court Judge entered summary judgment against the Plaintiff, and in favor of the owners’ association represented by Nemirow Perez P.C. President, Miles Buckingham. The hard-fought case involved Plaintiff’s claims that amendments to the governing documents of the valley development improperly removed the plaintiff’s right to veto any and all substantive changes to the declaration. The case involves complex questions of law and legal interpretation, and has the potential of influencing future amendments to community documents throughout Colorado. Mr. Buckingham’s client is seeking its attorney fees against the Plaintiff pursuant to law and the Court’s order.