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Litigation & Appeals Blog Posts

Litigation & Appeals Blog Posts

Part 2 Case Analysis: Costs and Benefits of Litigating a Case

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

C.A.R.—the 2016 Model: Recent Changes to the Colorado Appellate Rules

The Colorado Supreme Court has been hard at work, handing down multiple changes to the Colorado Appellate Rules. Some changes were significant. Others were minor. The most notable change to the Colorado Appellate Rules was to Rule 3.4: Appeals from Proceedings in Dependency or Neglect. For cases filed after July 1, 2016, appeals from these proceedings will get a major overhaul. Here are some of the significant changes in the rules.

Part 1 Case Analysis: Do I have any basis for filing a lawsuit?

Many of our potential clients are sure that they want to file a lawsuit, but few have actually thought through—or even realize—the many costs and benefits to doing so. Before filing a lawsuit, you should do a cost-benefit analysis. Identify and then weigh the pros and cons. This seven-part series explores some things to consider when deciding whether a lawsuit is the best way to go.

Should I File an Appeal?

Should I file an appeal? Many considerations come into play when making this decision, and here are some thoughts that may steer you in the right direction:

Ethical Considerations as Trial Counsel When You Don’t Want to Take the Appeal

Imagine you see the notice come in from the court on your latest case: Defendants’ motion for summary judgment has been granted and your client’s case is dismissed with prejudice. Your client has just lost the entire case—a case that you had litigated well. After dealing with the disappointment and post-judgment motions, you really feel it would be best for you to call it quits. 

Part Two: If You Have Been Trapped

In Part One of this series, we flagged some traps to keep on the lookout for when filing your notice of appeal. Hopefully, the tips in Part One are all you’ll ever need. But, because it happens to attorneys and pro se parties all the time, here are some suggestions if you find yourself faced with having potentially missed the deadline for filing the NOA.

Part One: Common Traps to Timely Filing a Notice of Appeal

For most direct appeals to the Colorado Court of Appeals, a notice of appeal is your gateway to the Court. The NOA must be filed within 49 days of the date of the entry of the judgment from which the party appeals. Seems easy, right? Unfortunately, many an unsuspecting attorney has found themselves in the horrifying position of having to explain to their client how they weren’t able to figure out such a “simple” calculation.

Mechanics of a Personal Injury Lawsuit Against a Ministry

personal injuryA claim of negligence against a church or ministry can have very serious consequences. There are many possible types of legal claims: torts, breach of contract, employment claims, intellectual property and so forth.  Because of the potential high value of the claims, and because it is a common type of lawsuit that can take many forms, this post reviews the tort of negligence resulting in a personal injury, with the church or ministry as a defendant.  While individual defendants are usually named, some sort of shared liability with the organization is likely because it has greater financial resources.

Seven Lessons from Lawsuit over Sex Abuse Accusations

GavelA Catholic priest in the Archdiocese of St. Louis, Rev. Jiang, was accused of sexually abusing a child. He denied having done it. The criminal case against Rev. Jiang was voluntarily dismissed by the prosecutor.

What is Christian Mediation? Should it Be in Your Contract?

Christian MediationChristian mediation has a foot in two worlds: the peacemaking role of the Church, and the typical legal process for resolving legal disputes short of trial. It can be both spiritually healing and a cost-saving way of approaching problems.

Ten Techniques to Help You Win Your Case on Appeal

tough appealI started my legal career with several years clerking at the Colorado Court of Appeals, and appellate law is one of my practice areas. I usually work as co-counsel with trial attorneys who feel less comfortable with appellate briefs. Recently, the Colorado Court of Appeals issued a 3-0 opinion in my client’s favor. This got me thinking about principles for practicing appellate law and winning as often as reasonably possible.

How Do I Know How Much This Case is Worth?

Plaintiffs and defendants both need to have an idea how much a case is worth. If you are thinking about filing a case as a plaintiff, you need to know if it will be worth going through the hassle, emotional stress, and costs. You need to know whether you should settle, and for how much, or if you should take the case to trial. If you are a defendant, you need to know what kind of financial impact the case could have. You must know what you are up against, when a settlement offer is reasonable, and when it is too much to pay.

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