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 […]

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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, […]

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Can contracts with the marijuana industry be enforced in a court of law?

Can Contracts With the Marijuana Industry Be Enforced in a Court of Law? By: Anthony Vanicek, Esq. When Colorado passed Amendment 64 legalizing the sale of recreational marijuana, it also passed C.R.S. § 13-22-601 which states that, “[i]t is the public policy of the state of Colorado that a contract is not void or voidable as against public policy […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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New FAA Regulations Regarding Drones

By:  Chad Lieberman The Federal Aviation Administration (“FAA”) recently promulgated new regulations regarding the operation of small unmanned aircraft (“drones”).   The regulations are contained within Part 107 of the Title 14 Code of Federal Regulations and went into effect on August 29, 2016.  The new regulations are primarily aimed at streamlining two issues:  (1) certification […]

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