Case Results

It is as difficult for defense lawyers to crow about their victories — ones in which a defendant pays little or nothing — as it is for anesthesiologists to brag about successful procedures — ones in which the patient did not die. Be that as it may, Nemirow Perez is happy to announce that, on September 24, 2014, after an eight-day trial, an Arapahoe County jury returned a defense verdict in a legal malpractice case in which the plaintiff claimed that, due to the negligence of the defendant lawyer, the plaintiff settled an underlying motor vehicle accident for too little. The plaintiff claimed a million dollars in damages. Two NP lawyers, Ron Nemirow and Chris Brown, represented the defendant lawyer and law firm.

In January 2014, a physician and his practice, represented by Ronald Nemirow and Christopher P. Brown, prevailed in a declaratory judgment action to affirm the validity of a settlement agreement reached with a former patient. The Court granted summary judgment in favor of the physician and his practice based on the staleness of the former patient’s claims and based on the former patient’s failure to timely prosecute his claims. The victory prevented the former patient from proceeding with his malpractice claims against the physician and his practice, and resulted in an award of costs in favor of the physician.

In August 2013, the Eagle County District Court entered judgment in favor of a Vail homeowners association. The HOA was represented in the week-long trial by Miles Buckingham. His client was sued by the largest commercial tenant in the association’s community. The suit involved the enforcement and viability of business restrictions arising out of the governing documents for the community. The suit was brought to prevent the Association from enforcing the limitations governing the operations of the plaintiff business. The successful defeat of the claims clears the way for the owners in the community to enjoy their property free from the nuisances created by the tenant’s disregard of the terms of its lease and the declarations for the community. The Court issued its judgment in a thirty page opinion. Buckingham’s client later obtained a stipulation for fees and costs against Plaintiff.

On May 28, 2013, a physician, represented by Kevin P. Perez and Christopher P. Brown, had all employment discrimination claims against him and his practice dismissed when the United States District Court judge granted the motion to dismiss prepared by attorneys Perez and Brown. The dismissal resulted in the complete dismissal of all claims against the physician and his practice.

In March 2013, a dentist represented by Miles Buckingham had all claims of malpractice dismissed against him after the Court granted Mr. Buckingham’s motion to dismiss. The dismissal resulted in the complete dismissal of the dentist as a defendant, and removed all claims other than a demand for monies pre-paid to the dental practice. Those claims were handled by a simple refund, meaning that the dentist and his practice were cleared of any and all claims of errors and omissions against them.

In February 2013, a Weld County District Court Judge entered an order granting the Rule 12 motion to dismiss all claims against a homeowners' association represented by Miles Buckingham. Mr. Buckingham’s client was sued by a property owner in the community who charged that actions by the association had substantially harmed the value of his property, as well as his ability to re-sell it. Plaintiff filed a new case in 2014, but, in March 2014, had those claims summary adjudicated following the motion of Mr. Buckingham, making it the first time in Mr. Buckingham's career that the same Plaintiff was defeated twice in different cases.

On July 23, 2012, an international grocery store chain, represented by Kevin P. Perez and Christopher P. Brown, prevailed on a motion to dismiss prepared by attorneys Perez and Brown filed in Denver County District Court. The District Court found that Plaintiff’s claims for outrageous conduct were preempted by Colorado’s Woker’s Compensation Act and that Plaintiff’s claims for implied breach of contract were meritless because of a clear and conspicuous disclaimer in the employment handbook. The dismissal resulted in the complete dismissal of all claims against the grocery store.

On March 12, 2012, a Colorado Springs lawyer, represented by Ronald Nemirow and Christopher P. Brown, prevailed on a motion for summary judgment prepared by attorneys Nemirow and Brown filed in El Paso County District Court. The District Court agreed with the Defendant that Plaintiff’s claims were barred by the applicable statute of limitations. The dismissal resulted in the complete dismissal of all claims against the lawyer.

On January 18, 2012, a bankruptcy lawyer and his law firm, represented by Ronald Nemirow, Nancy Miller and Christopher P. Brown, obtained an order dismissing all claims against them. In dismissing the claims, the Bankruptcy Court found that the lawyer did not attempt to collect debts discharged in bankruptcy, but rather, attempted to collect debts based on the Plaintiff’s post-petition conduct. The dismissal resulted in the complete dismissal of all claims against the lawyer.

In August 2011 Miles Buckingham obtained an Order from the Arapahoe County District Court entering summary judgment against all claims of the Plaintiffs in a hard fought lawsuit. An attempt by the Plaintiffs to appeal the judgment was unsuccessful. After the case was remanded to the trial court, Buckingham successfully obtained an award of not just costs, but attorneys’ fees, against the Plaintiffs and in favor of the homeowners’ association client. In the suit, Plaintiffs claimed that the Association's Board of Directors and Architectural Control Committee acted outside of the scope of their authority in allowing a substantial renovation of a property near the homes of each Plaintiff. Plaintiffs also made allegations of statutory violations regarding the disclosure and production of information requested by a homeowner. Buckingham was able to demonstrate through the testimony of several witnesses, the governing documents of the community, and several points of statutory and common law that the Plaintiffs' claims were inappropriate for trial, and that the Court should find in favor of the defendant Association. While being sued is rarely a good experience, this result, obtained by defense counsel was very welcome to the Board and the members of the named community.