In June 2021, the United States Supreme Court rejected a challenge to the constitutionality of the Patient Protection and Affordable Care Act (“ACA”). California, et al. v. Texas, et al., Slip Op., Case No. 19-840 (June 17, 2021). In a 7-2 opinion, Justice Breyer, writing for the majority, held that the plaintiffs in that case lacked […]
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On May 20, 2021, Governor Polis signed the Gender Identity Expression Anti-Discrimination Act (“Act”) (HB 21-1108) which prohibits employers from discriminating against an individual based on their “gender expression” or “gender identity.” Gender expression is defined in the Act as “an individual’s way of reflecting and expressing their gender to the outside world, typically demonstrated […]
Wells, Anderson & Race is proud to congratulate Sheryl Anderson, Michael Brooks, Paul Dinkelmeyer, Adam O’Brien, William O’Connell, and Mary Wells who have each been selected for inclusion in The Best Lawyers in America for 2022. Best Lawyers is a peer reviewed recognition of leading lawyers in their respective practice areas. The Firm congratulates each of […]
On June 17, 2021, attorneys Adam O’Brien and Paul Dinkelmeyer achieved summary judgment in three consolidated cases for Auto-Owners Insurance Company. In U.S. District Court for the District of Colorado, Judge William J. Martinez granted Auto-Owners’ Motion for Summary Judgment dismissing all claims in all three consolidated cases: Ma, et al. v. Auto-Owners Insurance Company, Civil […]
The Colorado Supreme Court decided Nieto v. Clark’s Market on June 14, 2021. The Court found that earned and determinable vacation pay cannot be forfeited. Vacation or PTO time is considered wages under the Colorado Wage Claim Act and must be paid upon the employee’s separation from employment. This presents some tricky questions for employers. […]
The Firm welcomes Oishieka Moitra as our firm’s law clerk for the summer of 2021. The Firm is a proud supporter of the Colorado Pledge for Diversity, in which Ms. Moitra is a participant. Ms. Moitra has completed her first year of law school at the University of Colorado—Boulder.
On February 23, 2021, Mark Neider moderated a virtual presentation sponsored by the Colorado School Districts Self Insurance Pool entitled “Avoiding Pitfalls Before, During, & After Construction Projects.” This first module focused on the preconstruction phase of a school construction or remodel project and the vehicles used to manage risks during that phase of the […]
Congratulations to Mark A. Neider for his selection to America’s Top 100 High Stakes Litigators. Selection is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters. Less than one-half percent of active attorneys in the United States will receive this honor. Read the […]
In Department of Corrections v. Stiles, 2020 CO 90, announced on December 21, 2020, the Colorado Supreme Court clarified the standard of review applicable to an ALJ’s evaluation of a state entity’s employee disciplinary decision. The Court’s syllabus of the decision provides: “After a certified state employee’s random urinalysis tested positive for marijuana, he was […]
The Colorado Supreme Court announced its opinion on December 21, 2020, in a long-anticipated case involving the interplay between the Colorado Anti-Discrimination Act (CADA), section 24-34-405, C.R.S. (2020) and the Colorado Governmental Immunity Act (CGIA), section 24-10-106, C.R.S. (2020) in Elder v. Williams, 2020 CO 88. The syllabus to the court’s 4-3 opinion states: “This […]
