Contractual Duty of Good Faith and Fair Dealing in Construction Claims By: Anthony J. Vanicek, Esq. In Colorado, every contract that affords any discretion to one party comes with an implied duty (or covenant) of “good faith and fair dealing.” Colorado case law on the duty of good faith and fair dealing tends to focus […]
Can contracts with the marijuana industry be enforced in a court of law? – Parts 1 and 2
Can Contracts With the Marijuana Industry Be Enforced in a Court of Law? – Part 2 (Part 1 below) By: Anthony Vanicek In January, 2019 this blog page published a piece about the enforceability of contracts in the marijuana industry which described the development of court decisions in both Colorado state courts and federal courts. The […]
Piercing the Corporate Veil: Corporations and LLC’s
Piercing the Corporate Veil: Corporations and LLC’s By: Anthony Vanicek In general members of an LLC and shareholders of Corporations cannot be held liable for debts of the company or even judgments against the company. However, in specific limited circumstances a court will disregard the corporate or LLC form and hold the individual members liable. […]
Lex Mercatoria: International Contracts for the Sale of Goods, Drafting Effective Choice of Law Provisions, and Avoiding the Unwitting Submission to the CISG
Lex Mercatoria: International Contracts for the Sale of Goods, Drafting Effective Choice of Law Provisions, and Avoiding the Unwitting Submission to the CISG By: Anthony Vanicek Many contracts for the sale of goods come with boilerplate language specifying the parties’ choice of state law that will govern in the event of a contracts dispute. They […]
Insurance Claim Denial: Is my insurer acting in bad faith?
Insurance Claim Denial: Is My Insurer Acting in Bad Faith? By: Anthony B. Vanicek, Esq. While Colorado recognizes the common law tort of bad faith breach of an insurance contract, Colorado also provides insureds with separate statutory basis for recovery found in C.R.S. § 10-3-1115 and § 10-3-1116. When an individual makes an insurance claim, […]
Proposed Amendment to F.R.C.P. 30(b)(6)
Proposed Amendment to F.R.C.P. 30(b)(6) By: Chad Lieberman, Esq. In August of 2018 the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States released a preliminary draft an amendment to F.R.C.P. 30(b)(6). As stated by the Committee, the goal of the amendment was to address concerns regarding overlong or […]
Claims Against Public Entities – Immunity and Notice Issues
Claims Against Public Entities – Immunity and Notice Issues Revised November 1, 2018 By: Chad Lieberman, Esq. Colorado has 42 state parks and hundreds of publicly owned and operated open spaces, local parks, preserves, hiking paths, recreational facilities and golf courses. Claims for personal injuries associated with these areas are likely controlled by the Colorado Premises […]
Colorado’s Damages Caps
Colorado’s Damages Caps Revised August 10, 2018 By: Chad Lieberman, Esq. General Civil actions The current non-economic cap in a civil action for injuries is $468,010, which may be increased by the court upon clear and convincing evidence to a maximum of $936,030. C.R.S. 13-21-102.5(3)(a). This cap applies to the liability share of each defendant […]
Can Undocumented Workers Seek Lost Earnings?
Can Undocumented Workers Seek Lost Earnings? By: Chad Lieberman, Esq. The United States Supreme Court has never commented directly on the issue of whether undocumented workers can claim personal injury damages in the form of lost future earnings. However, to some courts and pundits, the U.S. Supreme Court came close when in 2002 it decided […]
Electronic Data Recorders in Vehicles – NHTSA’s Regulation and Colorado’s Law
Electronic Data Recorders in Vehicles – NHTSA’s Regulation and Colorado’s Law By: Chad Lieberman, Esq. In 2006, the National Highway Traffic Safety Administration (NHTSA) established a regulation for event data records (EDRs). 49 C.F.R. § 563.1, et seq. The regulation applies to all light vehicles manufactured on or after September 1, 2012. However, it is […]