Archive for Business Law

Employment Law: Mass. Medical Marijuana Users Have Standing to Sue

  • July 19th, 2017
  • Miles Buckingham
  • Comments Off on Employment Law: Mass. Medical Marijuana Users Have Standing to Sue

On Monday, the Massachusetts Supreme Judicial Court recognized standing to sue in an employee who was terminated for using medical marijuana. The Mass. order stands in direct contrast to recent decisions from Colorado, and creates new conflicts between states on how to treat their own legalization of the drug. The…

What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years

  • June 5th, 2017
  • Miles Buckingham
  • Comments Off on What was the Rule Against Perpetuities, again? Developers Control Communities They’ve Had Nothing to Do with for Years

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 Opinion, the Justices held that the Colorado Common Interest Ownership…

Employees, Independent Contractors, and Volunteers-oh my!

  • February 23rd, 2017
  • Miles Buckingham
  • Comments Off on Employees, Independent Contractors, and Volunteers-oh my!

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 the United States District Court  in Denver, Colorado, Johnston v….

Comparative Negligence and Hospitals

  • December 23rd, 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 Colorado Supreme Court held in P.W. v. Children’s Hospital, 2015…

Nemirow Perez Offers Virtual General Counsel For Small Businesses

  • September 3rd, 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 and we are here to help. While every small business…

When Does Collecting Fees and Costs Mean Retaliation?

  • February 3rd, 2016
  • Miles Buckingham
  • Comments Off on When Does Collecting Fees and Costs Mean Retaliation?

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, which can be read HERE, fails to define retaliation, nor…

Colorado Court of Appeals Affirms Summary Judgment for Client

  • February 24th, 2015
  • Miles Buckingham
  • Comments Off on Colorado Court of Appeals Affirms Summary Judgment for 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 Miles Buckingham. The suit, which alleged multiple civil violations by an Arapahoe County homeowners’ association, was won on motion without the need for a trial….

The EEOC and additional considerations in claims of pregnancy discrimination

  • January 28th, 2015
  • Miles Buckingham
  • Comments Off on The EEOC and additional considerations in claims of pregnancy discrimination

In July 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued formal guidance that clarifies its position on the Pregnancy Discrimination Act (“PDA”). Though this guidance does not have the force of law, it offers an indication of how the EEOC will proceed when a charge of pregnancy discrimination is…

Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know

  • January 28th, 2015
  • Miles Buckingham
  • Comments Off on Perez on Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know

On July 25, 2014, Kevin Perez was a speaker at the Colorado Defense Lawyers Association’s Telluride Summer Conference. Kevin’s presentation was titled, “Workplace Privacy: Balancing Employees’ Rights with their Employer’s Right to Know.” The discussion covered several hot topics, including employees’ Fourth Amendment rights and common law rights to privacy;…

Court of Appeals: Parties cannot contract to shift all attorney fees – only reasonable attorney fees

  • December 18th, 2014
  • Miles Buckingham
  • Comments Off on Court of Appeals: Parties cannot contract to shift all attorney fees – only reasonable attorney fees

On December 18, 2014, the Colorado Court of Appeals issued an opinion in Southern Colorado Orthopedic Clinic Sports Medicine and Arthritic Surgeons, P.C. v. Weinstein. In the case, the Court of Appeals was asked to interpret a fee shifting provision which awarded the prevailing party “all attorneys’ fees.” In its…