Real Estate Litigation

Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19

On March 5, 2020, Colorado Governor Polis issues executive order D 2020 012, which among other things imposed temporary limitations on evictions, foreclosures, and public utility disconnections. After being amended and extended three times (through April 30, 2020 via D 2020-0131, then for an additional 30 days via D 2020 051, and finally for an additional […]

| 2 min read | Tagged: , , ,
LM
Former Associate

Offensive Discovery after Strudley and Changes to the Colorado Rules of Civil Procedure

By: Neal McConomy Toxic tort cases often involve real property, especially in areas with large mining and energy sectors like the West and Southwest. The cases frequently have large potential damage values and require extensive discovery. Numerous expert witnesses, vast amounts of real property testing, and significant document production are common. The cost of engaging […]

| 10 min read | Tagged: , , , , , , ,
NM
Former Associate

Successful Laches Defense Becoming Commonplace in Colorado

By: Neal McConomy Boiler plate language in responsive pleadings often includes “Plaintiff’s claims are barred by the doctrine of laches” (or “The doctrine of laches bars Plaintiff’s claims” if you prefer the active voice).  However, litigation of a laches defense is fairly rare, and a defendant successfully arguing a laches defense is something of a […]

| 5 min read | Tagged: , , , , , ,
NM
Former Associate