August 2010

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August 11, 2010

New Colorado Insurance Law

A new law comes into effect today that dramatically alters the way in which personal injury settlements are negotiated in Colorado. This law prevents insurance companies and healthcare benefit providers from bringing a claim for reimbursement against at fault parties until the injured party has first been fully compensated (“made whole”) for all damages arising out of their injury.

Previously, insurance companies in Colorado were legally permitted to make claims for reimbursement (known as "subrogation") for health care benefits, disability benefits, lost income and the like paid to or on behalf of their own insureds. These reimbursement claims were made against at fault parties, regardless of whether the injured party was fully compensated or not. According to Burg Simpson founding shareholder and American Trial Lawyers Association President Michael S. Burg, this new law offers greater protection for all Coloradoans.

“At Burg Simpson we view this new piece of legislation as a positive step for individuals’ legal rights in Colorado. We envision that the legislation will not only help reduce the length and complexity of settlement negotiations, but will also enable individuals to obtain full and fair recovery for their injuries, something that up until now had not been the case,” said Mr. Burg. If you or a loved one are in dispute with an insurance company, or require help to settle a claim, call Burg Simpson's Colorado insurance law attorneys today on 1.888.895.2080

 


 

May 13, 2010

Colorado Attorney General brings lawsuit against mortgage company

The Attorney General of Colorado has announced that it has filed lawsuit against American Mortgage Consultants, alleging the company employed deceptive marketing tactics to lure new customers between January 2009 and March 2010. The lawsuit also makes reference to the fact that the company, which offers loan modification services, used a video clip of President Obama in its marketing, falsely implying an affiliation with the Federal government. In addition, the Attorney General also intends to investigate claims that American Mortgage Consultants charged clients $2,500 in up-front fees for their services, something which is currently illegal in Colorado.http://www.burgsimpson.com/litigation-corporate.html

 


 

May 06, 2010

Chrysler versus the state of Colorado

Chrysler is suing the state of Colorado over new Auto Dealers Law, the company believes to be unconstitutional. Chrysler filed its legal complaint earlier this month in the southern district court of New York, in which it contests that previously terminated dealers should not be given first option to purchase franchises closed as a result of the car giant's bankruptcy proceedings in 2009. Chrysler closed 14 dealerships in Colorado in 2009. The case is the subject of intense media coverage given that a subsequent bill, sponsored by a number of Colorado Senators, advocates giving the Colorado Motor Vehicle Dealer Board the authority to impose penalties of up to $25,000 per day on any manufacturer who fails to adhere to the new state legislation.

 


 

June 08, 2008

It's Curtains for Ted, Denver Jobs

United Airlines recently announced that it will shut down its Denver-based carrier, Ted, eliminating more than 1,100 jobs and grounding dozens of airplanes. High fuel prices were cited as the reason.

Continue reading "It's Curtains for Ted, Denver Jobs" »

 


 

May 04, 2007

Ex-BAR/BRI Leader Unhappy with Deal

The National Law Journal reports, the former president of BAR/BRI who initiated a nationwide antitrust lawsuit against the publisher of a bar review course is joining three named plaintiffs in objecting to a recent settlement of the case. Stan Chess, now president of LawTV Inc., which operates Web sites such as www.LawSchool.com, is the fourth objector to a $49 million settlement filed with the courts on Feb. 2. Ryan Rodriguez v. West Publishing Corp., No. 05cv3222 (C.D. Calif.). The settlement resolves a class action against West Publishing, owner of BAR/BRI, and Kaplan Inc., which makes the preparatory coursework for the Law School Aptitude Test (LSAT). The lawsuit claims the two companies conspired to monopolize the law exam market and overcharged law students by $1,000 each. Plaintiffs sought triple an estimated $300 million in damages on behalf of nearly 300,000 law students who took the course from 1997 to 2006. With the settlement, each class member is expected to receive about $125. A federal judge is expected to approve a final settlement on June 18. In court papers filed in March, Chess called the settlement grossly inadequate. "It doesn't accomplish anything," he said, noting that "the amount of money is not consequential to the defendant or the class members. There aren't that many attorneys who will fill out forms for $125." Chess is the latest to object to the settlement. Three named plaintiffs have criticized the monetary relief as too low and the injunctive relief as inadequate, since the original lawsuit sought to break up BAR/BRI

Continue reading "Ex-BAR/BRI Leader Unhappy with Deal" »

 


 

January 24, 2007

New direction in lawsuits for small businesses

To see the latest front in the war over illegal immigration, take a look at Mordechai Orian. The 41-year-old owns Global Horizons, a Los Angeles-based service that supplies seasonal agricultural workers to apple, blueberry, and
potato growers across the country. In May, Orian lost one of his biggest clients: Munger Bros., a Delano, Calif., blueberry farm, which decided to use a rival labor supplier, J&A Contracting of Bakersfield, Calif. Munger Bros. executives say they switched suppliers when Global Horizons failed to live up to its contract, but Orian suspects a different motive. J&A, he says, provides cheaper, illegal workers, scooping workers up on street corners by the vanload and delivering them to farms. He says he has evidence of falsified Social Security cards to prove his assertions. And rather than filing a complaint with the federal government, Orian is taking both Munger and J&A to court.

Continue reading "New direction in lawsuits for small businesses" »

 


 

January 23, 2007

Iowa plaintiffs file lawsuit against Microsoft

An Associated Press business report states that plaintiffs in Iowa's class-action antitrust lawsuit against Microsoft Corp. claim they have uncovered information that indicates the software company is violating its 2002 agreement with the U.S. Department of Justice. The alleged misconduct surrounds Microsoft's responsibility to share software APIs known as application programming interfaces, which let disparate programs work together. The Iowa plaintiffs' attorneys have alleged that Microsoft has not disclosed certain APIs to other software developers who want to make programs compatible with Microsoft software.

Continue reading "Iowa plaintiffs file lawsuit against Microsoft" »

 


 

December 26, 2006

Bengals Fans win Appeal

"We consider this a big victory for the fans," said Janet Abaray, a shareholder in the Cincinnati office of Burg Simpson who represented six fans who sued the Cincinnati Bengals.

The case stems from a brochure sent to fans in 1997 regarding club seats in the new stadium. The brochure explained that buyers would be required to buy a $150 seat license and pick a package that locked in seat prices for six, eight or 10 years. The brochure further explained that if a person didn't continue to buy tickets, the seat license would lapse and the $150 fee would be forfeited.

Continue reading "Bengals Fans win Appeal" »

 


 

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Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the Rocky Mountain Region. The firm has offices in Denver, Colorado, Cody, WY, Cincinnati, Ohio, and Phoenix, AZ. The Firm is responsible for the content on the website, this information is not to be interpreted as providing legal services, nor as proposing any form of legal advice.

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