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| We've recently handled some interesting cases and we've put the word out in print. We often make our voices heard at the podium. And there's always something to talk about within the firm.
Here's what's new at Kelly Garnsey Hubbell & Lass...
Cases
In 1997, the firm, led by Ed Kahn, represented the public interest in connection with the conversion of Blue Cross Blue Shield of Colorado from a non-profit to a stock insurance company. In 1999, after a series of hearings, the Colorado Commissioner of Insurance approved the conversion. In connection with the conversion, $155 million was transferred to a charitable foundation which was created to receive and use the funds to serve the health care needs of underserved Colorado citizens. In 1999, Kelly Garnsey Hubbell & Lass applied for an award of attorney’s fees on behalf of itself and the Colorado Center on Law and Policy, on the basis that the firm had enhanced the value of the charitable trust by at least $55 million. In 2000, the Insurance Commissioner denied Kelly Garnsey Hubbell & Lass' application after determining he lacked authority to make such an award. The Colorado Court of Appeals affirmed the Commisssioner’s order, but the Colorado Supreme Court reversed the court of appeals. Hawes v. Colo. Div. of Ins., 65 P.3d 1008 (Colo. 2003). The supreme court held, among other things, that the Commissioner has implied and incidental authority in an equitable, quasi-judicial administrative proceeding, "to award attorneys’ fees when public interest intervenors are necessary to effectuate the express mandate." Id. at 1023. Among other things, the court directed the Commissioner to determine whether Kelly Garnsey's efforts were necessary to effect the conversion. In making the evaluation The Commissioner must account for the public interest at stake; that the conversion proceeding is equitable; that the intervenors seek remedies in equity; and that it is a quasi-adjudicatory proceeding. Further the Commissioner should consider whether compensation is proper where the intervenors’ representation of the public interest and for the public benefit provided as great or a greater benefit to the conversation proceeding, that did the Testimonial Staff, a group the General Assembly already recognizes as integral to the proper conversion.After remand, the parties reached a settlement as to Kelly Garnsey's fees, filed a joint notice of settlement with the Commissioner, who rejected the settlement. Kelly Garnsey was forced again to appeal to the court of appeals. The court reversed the Commissioner, holding that no competent evidence supported a finding that Kelly Garnsey's efforts were not necessary to the conversion process. Colorado Center on Law and Policy and Kelly Garnsey Hubbell & Lass LLC for Colorado Div. of Ins. (Colo. Ct. App. 2006). The supreme court denied the Commissioner’s petition for a writ of certiorari. After remand, the Kelly Garnsey entered into a stipulation with the Caring for Colorado Foundation requesting the Commissioner of Insurance to ratify the attorney’s fees settlement of $330,000. The matter is pending action by the Commissioner. David Fine successfully moved to dismiss claims against his client in a lawsuit in Jefferson County District Court. Westcol is the owner of property on which a restaurant was built as part of a commercial development. The principal contractor sued the restaurant owner/tenant and Westcol claiming he was not paid for certain work performed. Under Colorado law a property owner not in privity with the contractor cannot be held liable on a claim of unjust enrichment when his tenant fails to pay a the contractor for work performed. David utilized this rule of law to have his client dismissed from the case. David Fine has advised non-profits regarding the legal ramifications of House Bill S-1023, which restricts the provision of certain public benefits to persons who provide proof that they are lawfully present in the United States. The law affects providers of public benefits and services, such as health care, as well as employers. David helps his clients navigate through the maze of federal, state and local law implicated by this legislative effort to address concerns about illegal immigration. David Fine co-counseled a case in federal court with Gunnison lawyer Luke Danielson in which they obtained a temporary restraining order from Judge Robert Blackburn for violations of the Fair Housing Act against a Gunnison mobile home park owner who refused to rent space to a Peruvian/Spanish mother of two. The case settled shortly after the entry of the temporary restraining order. David Fine obtained the reversal of a layoff of a senior city planning for the Denver Office of Economic Development before the Career Service Authority hearing officer. The hearing officer held that the city’s actions were arbitrary and capricious. The city has appealed the decision. Election Work
David Fine headed up the 2006 mid-term election protection efforts of the Colorado Democratic Party, which is one of his clients. These efforts include recruiting and organizing attorneys throughout the state to serve as election monitors and judges. David and Martha Tierney also headed the legal team that filed a lawsuit on election day which sought to extend the poll hours in Denver in light of the significant problems experienced by the Denver Election Commission. David Fine co-authored a report on the Denver election problems and testified before the mayor’s Investigative Panel regarding the report. David Fine and Martha Tierney advised the campaign for the passage of Amendment 41, a constitutional amendment which will ban lobbyist gifts to public officials, restrict gifts to public officials from non-lobbyists, prevent public officials from becoming lobbyists for two years after leaving office and create a five-member independent ethics commission. Martha Tierney was instrumental in drafting the Amendment. David and Martha continue to provide advice concerning compliance with Amendment 41. Christy Murphy, who was Of Counsel with the firm for many years, joined the campaign of Bill Ritter for governor of Colorado. In honor of Christy and to support Bill, the firm hosted a very successful fundraiser for the Ritter campaign. Freddie Alvarez is one of the co-chairs of the Ritter transition committee to select the head of the Department of Corrections. David Fine and Martha Tierney are part of the legal team vetting appointees to the Ritter administration. David Fine filed an amicus brief on behalf of Colorado Common Cause in the Colorado Court of Appeals in litigation concerning the Secretary of State’s emergency rulemaking procedure related to Article XXVIII, Colorado’s constitutional campaign finance reform amendment. The litigation is Sanger v. Dennis. David Fine, Martha Tierney and Freddie Alvarez worked to support the retention of Judge Jose D.L. Marquez to the Colorado Court of Appeals, in the face of an attack against Judge Marquez by John Andrews. Among, other things, we formed a political committee, which raised funds for the campaign. David Fine was part of a bi-partisan group of lawyers who wrote a letter to the editor urging the retention of Judge Marquez. The letter can be found here Judge Marquez was retained with a vote of nearly 70% of the electors. Around the Firm
Martha Tierney gave birth to twin boys, Cole and Patrick, in June. Martha Tierney has been listed in the Best Lawyers in America for 2006-2007 in the field of Government Relations. Martha joins Terry Kelly, Norm Haglund, Woody Garnsey, Ed Kahn, Jim Hubbell and Steve Lass as firm attorneys listed in Best Lawyers. Freddie Alvarez has been elected the Region XIII President for the Hispanic National Bar Association. Region XIII includes Colorado, Kansas, Nebraska and Wyoming. Locally, Freddie has been named a member of the Colorado Supreme Court Standing Committee on the Colorado Rules of Professional Conduct. In the Community
David Fine helped organize the kick-off event for the Colorado chapter of the American Constitution Society (http://www.acslaw.org/). The event featured a debate between Julie Nice, a law professor at the University of Denver School of Law and state senator Shawn Mitchell about legal rights for same sex couples in Colorado. The debate was moderated by Fred Brown, Sunday editorial page columnist for The Denver Post, adjunct instructor in communication ethics at the University of Denver and principal in the media consulting firm, Hartman and Brown. Martha Tierney, David Fine and Steve Lass helped organize a successful fundraiser for Colorado Common Cause, at which the president of Common Cause, Chellie Pingree and Mayor John Hickenlooper spoke. Kate Swan continues to assist pro bono clients referred through the Metro Volunteer Lawyers program. Kate recently settled a difficult case involving issues of parenting time between parties living in different states. David Fine is a mentor of a student at Denver East High School through the A+ Angels mentoring program. |
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