Archive for Litigation

Colo. Supreme Court: Presence of 3rd Party Waives Attorney-Client Privilege

  • December 6th, 2018
  • Miles Buckingham
  • Comments Off on Colo. Supreme Court: Presence of 3rd Party Waives Attorney-Client Privilege

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 Gabriel, the answer is – always, except when the presence…

Second circuit recognizes sexual orientation as protected class; Supreme Court next?

  • April 23rd, 2018
  • Miles Buckingham
  • Comments Off on Second circuit recognizes sexual orientation as protected class; Supreme Court next?

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 100 (2nd Cir. 2018). We suspect more circuit courts will…

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
  • Comments Off on Comparative Negligence and Hospitals

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
  • Comments Off on Nemirow Perez Offers Virtual General Counsel For Small Businesses

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 Supreme Court’s Baker Opinion Affirms Narrow Window of Liability for Attorneys

  • January 20th, 2016
  • Miles Buckingham
  • Comments Off on Colorado Supreme Court’s Baker Opinion Affirms Narrow Window of Liability for Attorneys

  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 legal malpractice and affirmed Colorado’s history of (by-and-large) classifying malpractice claims by…

Boulders at Escalante-Foreseeability and Causation in Legal Malpractice Actions

  • July 9th, 2015
  • Miles Buckingham
  • Comments Off on Boulders at Escalante-Foreseeability and Causation in Legal Malpractice Actions

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 a developer who was sued by a contractor, and who…

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….

Page 1 of 2: 1 2