Professional Liability and Superseding Cause – 2018 Colorado Court of Appeals Case Danko v. Conyers

Professional Liability and Superseding Cause – 2018 Colorado Court of Appeals Case Danko v. Conyers A recent Colorado Court of Appeals case, Danko v. Conyers , 2018COA14 addressed a superseding cause in a medical malpractice case.  The case has some interesting aspects that may relate to legal malpractice and professional liability defense.  In a Colorado legal malpractice case it is common for a lawyer defendant to designate successor counsel as...
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446 Hits

MLS Attorneys Prevail in Tenth Circuit Appeal Concerning Shareholder Liability

Chris Taravella , Michael McCormick , and Christopher Carry successfully defended an appeal on behalf of a commercial landlord before the Tenth Circuit Court of Appeals. Oral argument was held on November 15, 2017. The appeal primarily concerned whether there was sufficient evidence to support the district court’s judgment in favor of the firm’s client, which was in excess of $700,000.  This judgment involved piercing the veil of a corporate...
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544 Hits

Montgomery Little & Soran Attorneys Represent Commercial Landlord before Tenth Circuit Court of Appeals

Chris Taravella , Michael McCormick , and Chrisopher Carry represented a commercial landlord before the Tenth Circuit Court of Appeals.  Oral argument was held on November 15, 2017.  The appeal primarily concerns whether there was sufficient evidence to support the district court’s conclusions in favor of the firm’s client following a bench trial.  At the district court, the firm obtained a judgment in favor of the firm’s client in excess...
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374 Hits

Attorney Michael McCormick on 9/1 Tom Martino Troubleshooter Radio Show to discuss Colorado Eminent Domain Issues

On September 1, 2017, Mr. Martino spoke with a caller that recently received an offer from the government to purchase 1700 square feet of her property for only seven hundred dollars (44 cents per square foot) for a bike path on a highway project. The property included trees and landscaping for which the government offered no compensation. The government also offered a “bonus” if the resident “acted quickly and signed...
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485 Hits

Nate Osborn Presents at 35th Annual Colorado Real Estate Symposium

Nate Osborn presented on real estate technology at the 35th Annual Colorado Real Estate Symposium. 
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529 Hits

Michael R. McCormick Quoted in Denver Post Article on Eminent Domain Cases

Colorado’s growth spurs government land grabbing – and it’s getting expensive Expensive eminent domain cases swell in face of Denver infrastructure projects. [ Read the article at denverpost.com ]
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541 Hits

Echo Ryan and Will Ross File successful Amicus Brief

The parents of a child hit by a car when he was allegedly frightened by the defendants’ dogs when the dogs allegedly rushed the fence behind which they were contained brought a claim of negligence against the owner of the dogs.  On June 26, 2017, the Colorado Supreme Court entered an opinion agreeing with the Amicus Curiae that there is no duty imposed upon dog owners to prevent a dog...
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446 Hits

Colorado Court of Appeals Affirms Ruling Dealing with Short Term Rentals

The Colorado Court of Appeals recently dealt with yet another short-term rentals dispute.  In O'Neil v. Conejos County Board of Commissioners , the O'Neils owned a vacation home that they would visit and rent out to short-term renters.  The County Assessor, for property tax purposes, reclassified the home as a commercial property because of the short-term renting practice.  The O'Neils appealed.  The Board of Assessment Appeals overturned the Assessor's action...
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669 Hits

Nebraska Court Finds That Jury Trial Waiver in Escrow Agreement is Enforceable

A Nebraska District Court recently held that a jury trial waiver provision in an escrow agreement was enforceable.  In DAB Incorporated v. Sunbelt Rentals, Inc ., a real estate purchase agreement incorporated the terms of an escrow agreement.  A term of the escrow agreement was, in short, that the contracting parties agreed to waive their right to a jury trial for any dispute "arising out of or in any way...
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780 Hits

Court Rules on Title Insurance Closing Protection Letter Issues

A recent Georgia case discussed the limited scope of liability for a title insurance underwriter under a closing protection letter.  In Nutter & Company v. Old Republic National Title Insurance Company , Nutter & Company extended 11 reverse mortgages to various borrowers.  A closing protection letter was issued to a lender in each transaction.  Under the closing protection letters, Old Republic agreed to, in short, reimburse the respective lender for...
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824 Hits