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 In the unpublished opinion, the Court of Appeals held that the summary adjudication was proper, and that the plaintiffs had not, and could not, prove up their claims.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.
NEMIROW AND BROWN OBTAIN DISMISSAL OF LEGAL MALPRACTICE CASE
It is as difficult for defense lawyers to crow about their victories — ones in which a defendant pays little or nothing — as it is for anesthesiologists to brag about successful procedures — ones in which the patient did not die. Be that as it may, Nemirow Perez is happy to announce that, on September 24, 2014, after an eight-day trial, an Arapahoe County jury returned a defense verdict in a legal malpractice case in which the plaintiff claimed that, due to the negligence of the defendant lawyer, the plaintiff settled an underlying motor vehicle accident for too little. The plaintiff claimed a million dollars in damages. Two NP lawyers, Ron Nemirow and Chris Brown, represented the defendant lawyer and law firm.
NEMIROW AND BROWN PREVAIL ON SUMMARY JUDGMENT IN DECLARATORY JUDGMENT ACTION
In January 2014, a physician and his practice, represented by Ronald Nemirow and Christopher P. Brown, prevailed in a declaratory judgment action to affirm the validity of a settlement agreement reached with a former patient. The Court granted summary judgment in favor of the physician and his practice based on the staleness of the former patient’s claims and based on the former patient’s failure to timely prosecute his claims. The victory prevented the former patient from proceeding with his malpractice claims against the physician and his practice, and resulted in an award of costs in favor of the physician.
DEFENSE VERDICT FOR VAIL HOA REPRESENTED BY BUCKINGHAM
In August 2013, the Eagle County District Court entered judgment in favor of a Vail homeowners association. The HOA was represented in the week-long trial by Miles Buckingham. His client was sued by the largest commercial tenant in the association’s community. The suit involved the enforcement and viability of business restrictions arising out of the governing documents for the community. The suit was brought to prevent the Association from enforcing the limitations governing the operations of the plaintiff business. The successful defeat of the claims clears the way for the owners in the community to enjoy their property free from the nuisances created by the tenant’s disregard of the terms of its lease and the declarations for the community. The Court issued its judgment in a thirty page opinion. Buckingham’s client later obtained a stipulation for fees and costs against Plaintiff.
PEREZ AND BROWN OBTAIN DISMISSAL OF EMPLOYMENT DISCRIMINATION CLAIMS AGAINST PHYSICIAN’S OFFICE
On May 28, 2013, a physician, represented by Kevin P. Perez and Christopher P. Brown, had all employment discrimination claims against him and his practice dismissed when the United States District Court judge granted the motion to dismiss prepared by attorneys Perez and Brown. The dismissal resulted in the complete dismissal of all claims against the physician and his practice.
BUCKINGHAM OBTAINS A DISMISSAL OF MALPRACTICE CLAIMS AGAINST DENTIST
In March 2013, a dentist represented by Miles Buckingham had all claims of malpractice dismissed against him after the Court granted Mr. Buckingham’s motion to dismiss. The dismissal resulted in the complete dismissal of the dentist as a defendant, and removed all claims other than a demand for monies pre-paid to the dental practice. Those claims were handled by a simple refund, meaning that the dentist and his practice were cleared of any and all claims of errors and omissions against them.
BUCKINGHAM OBTAINS ORDER DISMISSING CLAIMS AGAINST HOA DEFENDANT *TWICE*
In February 2013, a Weld County District Court Judge entered an order granting the Rule 12 motion to dismiss all claims against a homeowners' association represented by Miles Buckingham. Mr. Buckingham’s client was sued by a property owner in the community who charged that actions by the association had substantially harmed the value of his property, as well as his ability to re-sell it. Plaintiff filed a new case in 2014, but, in March 2014, had those claims summary adjudicated following the motion of Mr. Buckingham, making it the first time in Mr. Buckingham's career that the same Plaintiff was defeated twice in different cases.
PEREZ AND BROWN OBTAIN DISMISSAL OF WRONGFUL DISCHARGE CLAIMS AGAINST GROCERY STORE
On July 23, 2012, an international grocery store chain, represented by Kevin P. Perez and Christopher P. Brown, prevailed on a motion to dismiss prepared by attorneys Perez and Brown filed in Denver County District Court. The District Court found that Plaintiff’s claims for outrageous conduct were preempted by Colorado’s Woker’s Compensation Act and that Plaintiff’s claims for implied breach of contract were meritless because of a clear and conspicuous disclaimer in the employment handbook. The dismissal resulted in the complete dismissal of all claims against the grocery store.