Tickets on sale now for Legislative Awards Luncheon

Thursday, September 07, 2017

DENVER - Tickets are now available for CCJL's Legislative Awards Luncheon on Friday, Oct. 20, at the Denver Four Seasons, where Colorado's business community will recognize state lawmakers for their commitment to "Common Sense in the Courtroom." 

Featured speaker at this year's event is Malini Moorthy, head of global litigation for Bayer Corporation, who will speak about "The Mass Tort Machine." Moorthy is a nationally recognized expert in civil justice reform and complex litigation in the life sciences industry. Last year, she was named a Visionary Leader in Litigation by Inside Counsel magazine. She was also recognized by the National Center for Law and Economic Justice for her extraordinary service to the legal profession and nonprofit community.

Prior to joining Bayer, Malini headed the Civil Litigation Group at Pfizer where she and her team were awarded in-house Counsel Litigation Team of the Year by Benchmark Litigation. Earlier, she worked as a litigation associate at law firms in the U.S. and Canada, including the New York office of Salans, now known a Dentons.

Tickets can be purchased HERE.

 

General Assembly gets 'B' grade for 2017

Monday, May 22, 2017

With one notable exception, the Colorado General Assembly's 2017 session preserved the status quo - which isn't the worst outcome, given the potential of certain bills to wreak havoc upon Colorado's litigation climate.

So, Colorado Civil Justice League rates the Legislature's performance as a "B," with it's passage of House Bill 1279, addressing construction litigation, as the notable achievement.

Sponsored by Rep. Alec Garnett (D-Denver), Rep. Lori Saine (R-Firestone), Sen. Jack Tate (R-Centennial) and Sen. Lucia Guzman (D-Denver), HB 1279 was the product of many hours of work including a much larger coalition of lawmakers from both parties, as well as advocates representing homeowners and homebuilders.

While not as ambitious as we might have hoped, the bill nonetheless moves the ball forward by ensuring that homeowners are fully informed of costs and risks and given a formal voice in determining whether to initiate litigation to resolve alleged defective construction.

Anything that makes it more difficult for a cadre of plaintiffs attorneys to steamroll HOA members down the path toward litigation is an improvement over the status quo, which has construction of multi-family owner-occupied projects crawling at a snail's pace.

The bill didn't specifically address affordability of contractor's liability insurance or the rampant litigation that ensues between developers and subcontractors when a construction lawsuit is filed. One school of thought says that HB 1279 will help with insurance affordability by making claims more predictable for underwriters. A more skeptical outlook is that the cost of litigation will continue to drive up insurance costs until those issues are specifically addressed. Only time will tell which viewpoint is more accurate.

Building on the success of HB 1279, the most encouraging development from this session is the growing coalition of legislators who value economic growth for all Coloradans above the narrow interests of personal injury lawyers and a handful of plaintiffs.

Bipartisan votes were instrumental in advancing worthwhile bills or defeating others that invited further lawsuit abuse.

The Senate passed - with bipartisan support - a package of bills to help consumers control the rising cost of automobile insurance, only to see those bills fail in the House. However, key Representatives stood up to vote against, and sometimes defeat, destructive legislation that would have eroded Colorado's safeguards against runaway jury awards for "pain and suffering" or other non-economic damages and subjected schools, nonprofits, businesses and local governments to increased litigation for various claims.

A complete list of bills related to Colorado's civil justice system appears below, followed by a link to each bill's summary and legislative history.

 

Ban-the-box still bad policy, despite improvements

Monday, April 24, 2017

Significant changes to this year's version of "Ban the Box" (House Bill 1305) have reduced the specter of litigation by potential employees, and for that sponsors Rep. Mike Foote (D-Lafayette) and Rep. Jovan Melton (D-Denver) deserve credit.

However, businesses use questions about criminal history for a variety of reasons - not simply because they don't want ex-cons in the workplace.

Employers ask for criminal history to protect employees and customers and to avoid litigation. Employers often owe a duty of reasonable care to both employees and customers to avoid personal harm to either. Courts often hold employers liable for criminal or intentional harm caused by an employee when, in they eyes of a jury with 20/20 hindsight, it was "reasonably foreseeable" that some type of harm or injury could result from hiring or retaining an employee with a criminal history.

That's why employers use questions about criminal history to fulfill their duty of care to other employees and to customers. And that's why Colorado Civil Justice League remains OPPOSED to HB 1305.