July 2010

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July 17, 2010

Wal-Mart Faces Medical Marijuana Lawsuit

A former employee from Michigan is suing Wal-Mart after he was fired for testing positive for medical marijuana. Mr. Casias is seeking compensation for his dismal after he failed a drug test following an accident at work. Wal-Mart took action against Mr. Casias despite his doctor legally prescribing the marijuana as part of his treatment. In a statement, a Wal-Mart spokesperson sympathized with Mr. Casias but defended the company’s actions. Courts across the country are struggling with questions concerning the right of an employer to control the workplace and an employee's right to the medical use of marijuana. Colorado's medical marijuana law specifically states that, “nothing in the medical marijuana law requires any employer to accommodate the medical use of marijuana in any work place.”

 


 

June 04, 2010

Burg Simpson's Trial Victory One Colorado's Largest

Michael Burg, founding shareholder of Burg Simpson, has obtained one of Colorado's largest jury verdicts in 2009. Jury Verdict Reporter of Colorado’s Top 10 Jury Verdicts of 2009, ranks Mr. Burg's victory in James River Insurance v Rapid Funding among the state's largest, after the U.S. District Court awarded Burg Simpson’s client, Rapid Funding, $5.3 million in May 2009. The case is currently the subject of an appeal; however Mr. Burg commented, “You never know what the Court of Appeals will do, but we are very confident that the original verdict will be upheld. We do not believe that there were any errors in the trial Judge's rulings.”

 


 

May 13, 2010

Colorado Personal Injury Law

http://www.burgsimpson.com/bad-faith-insurance.htmlhttp://www.burgsimpson.com/auto.htmlGovernor Ritter has signed into law a new piece of legislation that will dramatically impact the way in which a personal injury cases are handled in the state. This law is due to become effective on August 11, 2010, and will apply to all recoveries on and after that date.

Continue reading "Colorado Personal Injury Law " »

 


 

May 06, 2010

Walmart Class Action

Walmart is facing the largest class action lawsuit in U.S. history, after the Ninth Circuit Court of Appeals in San Francisco ruled 6-5 in favor of allowing a sex-discrimination lawsuit to proceed as a class-action case. One million women, previously employed by Walmart since June 2001, may now be able to join a class action seeking damages for unfair treatment. Walmart is accused of paying female employees less than their male colleagues and giving them fewer promotions. Commentators believe that the court’s decision could be a major blow to Walmart and expose the retailer to billions of dollars of damages. Walmart has said it would appeal the ruling to the U.S. Supreme Court.

 


 

May 05, 2010

The number of workplace injuries in the United States – 4.6 million per year!

According to the U.S. Department of Labor, 14 workers are killed everyday in the United States as a result of occupational accidents. A further 4.6 million are seriously injured each year. While some reports point to a decline in work-related injuries, it would appear that many employers simply are not doing enough to protect their employees. The proposed Protecting America’s Workers Act or “PAWA,” looks to strengthen the powers of the Occupational Heath and Safety Administration by providing additional rights to accident victims and their families, as well as increasing the range of penalties (financial and otherwise) on negligent employers and those who violate the law. The Bill also proposes extending coverage to all public sector employees.

 


 

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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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