August 26

What Is Tort Law

Tort law is that branch of the legal system that protects people from unsafe practices, products, bad faith conduct by insurance companies and corporations. Tort law is used to hold individuals and companies accountable when they cause harm to others through negligent or intentional conduct.  The most common type of tort case is a personal.

July 24

Colorado Wage Act

The Colorado Wage Act (C.R.S. 8-4-101 et seq.) requires Colorado employers to pay employees their earned wages in a timely manner. The Wage Act is commonly referred to as the Colorado Wage Law or Colorado Wage Claim Act.  The Colorado Wage Act allows an employee who has been terminated from employment to sue his or.

July 24

Attorney Fees Under the Colorado Wage Claim Act

Attorney Fees Under the Colorado Wage Claim Act Lester appealed a jury verdict awarding him $12,307.69 in unpaid compensation based on breach of an implied contract with defendant, The Career Building Academy (TCBA). TCBA is a Colorado nonprofit corporation that provides vocational training, with an emphasis on residential construction, to high school students. In 2011,.

July 24

What is the False Claims Act?

What is the False Claims Act? The False Claims Act allows people with knowledge of suspected false claims to sue on the government’s behalf.  If the Justice Department joins one of these “qui tam” lawsuits, the plaintiff can receive 15% to 25% of recoveries. If the department doesn’t join, the plaintiff can pursue the case.

February 27

Colorado Social Host Liability

Colorado social host liability is governed by statute.  C.R.S. § 12-47-801(4)(a) provides that: No social host who furnishes any alcohol beverage is civilly liable to any injured individual or his or her estate for any injury to such individual or damage to any property suffered, including any action for wrongful death, because of the intoxication.

January 30

OWCP APPEALS

OWCP DENIES FEDERAL WORKERS’ COMPENSATION CLAIM If the Office of Workers Compensation Programs (OWCP) denies a FECA claim, the District Office’s decision should clearly state the reasons why the claim was denied. A common reason for denial is that the evidence submitted by the claimant does not satisfy the claimant’s burden of proof. Often a.

January 30

FMLA and ADA

A recent Tenth Circuit Court of Appeals case analyzes claims brought under the FMLA and ADA.  The case, Smothers v. Solvay Chemicals, Inc., issued on Tuesday, January 21, 2014, involved the claims Steven Smothers made against his employer Solvay Chemical, Inc. (“Solvay”). This case, like many employment discrimination cases, turned on the issue of pretext..

December 24

Filing a Traumatic Injury Claim with the OWCP

Filing a traumatic injury claim on a CA-1 is the first step in getting a claim approved by the Office of Workers’ Compensation Programs (OWCP). The Federal Employees’ Compensation Act (FECA) defines a traumatic injury as: A wound or other condition of the body caused by external force, including stress or strain, which is identifiable.

December 6

Section 1983 Claim

Section 1983 claim by female who was raped by a Grand Junction police office was dismissed by the Tenth Circuit Court of Appeals in Schneider v. City of Grand Junction.  In ruling against Misti Lee Schneider, the Tenth Circuit found that she could not show that the police department caused her rape or that it.

December 6

Medical Marijuana

An employee that uses medical marijuana can be lawfully terminated if the employee’s marijuana use violates the employer’s drug-free workplace policy. In Curry v. MillerCoors, Inc., the Court rejected the employee’s claim that his employer discriminated against him on the basis of his disability when it discharged him for testing positive for marijuana. Curry v..