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::: 3rd & 4th Quarter - 2005 :::
Cases
Representing a former dealer of ADT Security Services, Inc. in week-long bench trial, David Fine and Woody Garnsey secured an order that ADT breached the covenant of good faith and fair dealing with regard to its collection of the connection fees charged by ADT to the dealer. The court found that ADT overcharged the dealer in the amount of over $1.95 million during a 3.5 year period. KHGK is now seeking prejudgment interest of approximately $770,000 that should bring the dealer's total connection fees damages judgment to approximately $2.7 million. KHGK is also pursuing a significant attorney's fees award against ADT for the dealer pursuant to the attorney's fees cost-shifting provisions of the ADT dealer agreement. Lead opposing counsel for ADT is Boies, Schiller & Flexner LLP. Ed Kahn successfully obtained judgment on the pleadings (before trial) for a homeowners association against a federal court claim of racial discrimination in the enforcement of association rules preventing a homeowner from building on a vacant lot because of non-conformity with association requirements. Ed also obtained an award of significant attorney's fees on behalf of his clients. David Fine and Martha Tierney obtained a $110,000 settlement in a federal court police excessive force action. Norman Haglund, as head of the multi-firm trial team in Lobato v. Taylor, was successful in late July in obtaining immediate access for approximately 470 additional small property owners to all or part of the long-disputed Taylor Ranch. The Taylor Ranch, an 80,000 acre property in the Sangre de Cristo mountains in Costilla County, Colorado, has been the subject of over 40 years of litigation concerning the historical rights of hundreds of descendants of the original Mexican settlers of southern Colorado to access the ranch property for the purposes of grazing, timber cutting and wood gathering. After obtaining two favorable decisions by the Colorado Supreme Court in 2002 and 2003, the pro bono attorneys have so far secured long-denied ranch access for almost 700 small property owners in Costilla County. Freddie Alvarez received a court of appeals' decision affirming the dismissal of a commercial case against his client. Freddie obtained the dismissal as a sanction for discovery violations. Around the Firm
The following KHGK attorneys were selected to be included in the prestigious Best Lawyers in America, 2006 edition: Appellate Law Walter W. Garnsey, Jr. Commercial Litigation Walter W. Garnsey, Jr. , Norman Haglund, Edwin S. Kahn Family Law Terrance R. Kelly, Steven C. Lass First Amendment Law James H. Hubbell, Edwin S. Kahn Terry Kelly is the new president of the American Academy of Matrimonial Lawyers. Freddie Alvarez has just begun his two year term as the Chair of the Judicial Liaison Section of the Colorado Bar Association. Freddie has been nominated as a Colorado Bar Association delegate to the American Bar Association for a two year term and expects to be confirmed at the Board of Governors' meeting in November. The firm welcomes new domestic law paralegal Helen Guarneri. Associate Jerremy Ramp is marrying Christi Roese in October. Congratulations Jerremy! In the Community
Martha Tierney was appointed to the Executive Committee of the Common Cause National Governing Board Kate Swan has been chosen to serve on the Associates Committee of the Colorado Lawyers Committee, which is designed to increase the participation of associates and young attorneys on the committee. |
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