Gwyneth Whalen Appointed to The Board of the Colorado Judicial Institute

BOULDER, CO. (September 4, 2018) – Gwyneth Whalen, former judge and current leader of Caplan & Earnest’s litigation section, was recently appointed to the board of the Colorado Judicial Institute. At Caplan & Earnest, Whalen focuses on civil litigation, including commercial disputes, employment litigation, contested probate, and real property disputes. Her expertise in civil litigation, including her unique perspective as [...]

By |2018-09-04T10:37:43-06:00September 4, 2018|

Doug Stevens Invited to Present at the Experiential Learning Leadership Initiative in Lake Tahoe, California

Doug Stevens, special counsel in the litigation practice, will be speaking at the Experiential Learning Leadership Initiative in Lake Tahoe, CA, on April 16. Stevens’ participation is part of the Initiative’s Experiential Learning Leadership Intensive (“E.L. Boot Camp”), sponsored by the Shine Your Light organization and the Gap Year Association. Stevens will be co-presenting with Ethan Knight, executive director of the Gap [...]

By |2018-04-10T15:24:47-06:00April 9, 2018|

Doug Stevens Invited to Present at Colorado Agritourism Association Annual Meeting in Denver

Doug Stevens has been invited to be a guest speaker at the Annual Meeting of the Colorado Agritourism Association held in Denver on April 23. The Colorado Agritourism Association is a nonprofit association representing the interests of those in Colorado’s rapidly expanding agritourism business, including farmers, ranchers, equine professionals, and others in this industry which typically showcases the intersection between [...]

By |2018-04-10T15:24:10-06:00April 9, 2018|

Doug Stevens to Address CSU Class on Legal and Risk Management Issues in the Outdoor Recreation and Adventure Tourism Industries

Doug Stevens, special counsel in the litigation practice, has been asked to be a guest speaker for Colorado State University’s Insight into the Adventure Tourism Industry class. The course is part of the University’s new Graduate Certificate in Adventure Tourism program. The program, which launched in January, features an intensive curriculum covering all aspects of the outdoor recreation and adventure [...]

By |2018-02-08T08:20:05-06:00February 8, 2018|

Elliott Hood Joins Caplan and Earnest LLC as Associate Attorney

BOULDER—Aug. 8, 2017—Elliott Hood has joined Caplan and Earnest LLC as an associate attorney, where he will serve as a member of the firm’s education and litigation practice groups. Hood’s background is in complex civil litigation, with a focus in antitrust, insurance bad faith, property and wrongful-death disputes. Hood previously served as a law clerk for the U.S. Court of [...]

By |2017-08-15T12:55:26-06:00August 14, 2017|

Laura Wassmuth Joins Caplan and Earnest LLC as Special Counsel

BOULDER—July 6, 2017—Laura Wassmuth has joined Caplan and Earnest LLC as special counsel with a focus in health care law. Her areas of expertise include litigation, credentialing proceedings and investigations, defense of civil rights claims and employment and medical staff issues. Wassmuth has represented hospitals and healthcare providers in professional negligence cases since 1999. She represents clients in medical negligence [...]

By |2017-08-04T15:35:49-06:00July 6, 2017|

The CGIA and School District Playground Equipment – The Colorado Supreme Court Rules on St. Vrain Valley Sch. Dist. RE-1J v. Loveland

On May 22, 2017, the Colorado Supreme Court issued a ruling that a piece of playground equipment that was not negligently constructed or maintained is not a “dangerous condition” under the “recreation-area waiver” of the Colorado Governmental Immunity Act (CGIA). In so holding, the Court rejected the argument that the CGIA could not be invoked because a piece of “zip [...]

By |2017-06-13T08:23:00-06:00June 12, 2017|

What is a Preliminary Injunction?

On rare occasions, courts enter preliminary injunctions to prevent irreparable harm before a decision on the merits is reached. A preliminary injunction can restrain a party from proceeding with a certain course of conduct, preserve the status quo, or protect a party’s rights pending the final determination of a case. However, courts are hesitant to grant this relief. In Rathke, [...]

By |2017-04-20T09:16:28-06:00April 20, 2017|

Job Classification for the Colorado Employer – Employees v. Independent Contractors

Correctly distinguishing between employees and independent contractors is critical for employer compliance under applicable wage and hour and benefits law; both federal and state. Whether a worker is classified as an employee or independent contractor affects unemployment insurance, workers’ compensation insurance, payroll taxes, and possibly even healthcare benefits. The “right of control” test.  To determine job classification status, Colorado utilizes [...]

By |2017-03-17T09:12:33-06:00March 15, 2017|

Legal Matters Involving Service Animals and Guest Ranches

Justin Miller co-authored this article.  It was first published in Hoofbeats, the publication of the Colorado Dude and Guest Ranch Association. Service animals help hundreds of thousands of people with disabilities participate in life’s everyday activities. Because of these animals’ critical role, business owners are required by law to make “reasonable accommodations” to allow these animals into their facilities. Increasingly, many [...]

By |2016-12-27T11:06:26-06:00April 12, 2016|