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Under Colorado’s collateral source rule (C.R.S. §§ 10-1-135(10)(a) and 13-21-111.6), when an injured plaintiff receives compensation for their loss from a source other than the defendant, the court must reduce the amount of awarded to the plaintiff by the amount received from the collateral source. 
 
For example, if the plaintiff’s wealthy aunt or uncle paid the medical bills incurred by the plaintiff after an accident, the court will reduce the verdict against the defendant by the amount paid by the aunt or uncle.  This prevents a windfall to the plaintiff. 
 
However, this rule does not apply if the money comes to the plaintiff as a result of a contract he/she entered into – such as an insurance policy. 
 
The Court of Appeals has now officially expanded this “contract exception” to the collateral source rule to include payments made by Medicare.  The Court also affirmed prior case law placing similar payments from Medicaid and Social Security under this exception.  The case, Forfar v. Wal-Mart Stores, Inc., 2018 COA 125, will be considered for certiorari by the Colorado Supreme Court, but as of today, payments from Medicare, Medicaid, and Social Security cannot be used to reduce the verdict amount payable to a plaintiff in a personal injury lawsuit. 
 
For more information, please contact Steve Phillips at (303) 894-8948.

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Choosing a structure for your business is a highly personal decision, specific to each enterprise. In general, any type of business needs to have two considerations at the top of its list when determining what structure is best: tax implications and liability.

The landmark decision of Fisher v. State Farm, decided by the Colorado Court of Appeals in May 2015, had a significant impact on bad faith litigation in our state. Now three years later, the Colorado Supreme Court has finally weighed in, ultimately ruling that if a portion of an insured's claim is not in dispute, the undisputed portion must be paid even if other portions of the claim are in dispute. This decision has widespread impact for the insurance industry from the adjusters to the carriers and of course for insureds.

Documenting all of your employment practices—including hiring, promotion, and firing processes—is a good idea for many reasons, starting with providing your business a firm grasp of your objectives and your employees a clear roadmap to follow.

Employment discrimination laws prohibit certain employers from engaging in discriminatory practices on the basis of characteristics such as race, religion, age, disability, and gender. This area of law can be complex since federal and state statutes, regulations, and guidelines apply.

16-cv-02356-RBJ (D. Colo. Nov. 14, 2017)

Dog Owners Prevail in Supreme Court, Thanks to ZALaw!

Call it a win for dog owners everywhere. Zupkus & Angell attorneys Kristi Lush and Erica Payne secured a victory for their client, a dog owner, in a landmark case of first impression in Colorado. A three-year legal battle culminated today with the Colorado Supreme Court’s unanimous verdict that, in the absence of a special relationship, a landowner whose dogs ran at his fence and barked at a pedestrian, who then ran into the street and was struck by a vehicle, owed no duty to the pedestrian. Oral argument was held on May 4, 2017 at South High School in Pueblo, Colorado as part of the Colorado Supreme Court’s Community Outreach Program.

Posted by on in Trial

Haunted MotelA WIN FOR ZUPKUS & ANGELL!

On October 7, 2016, ZALaw secured a jury verdict in favor of its client in a bad faith breach of insurance contract matter filed in the U.S. District Court for the State of Colorado.

Posted by on in General

happy dogA Win for Dog Owners!

On July 24, 2014, Z&A secured a ruling in favor of its client in a Colorado Premises Liability Act (“PLA”) and negligence matter filed in Adams County District Court. Partner Kristi Lush and Associate Erica Payne successfully moved to dismiss the plaintiffs’ claims for failure to state a claim for relief pursuant to C.R.C.P. 12(b)(5).

Posted by on in General

Court of Appeals

DEFENSE VERDICT SECURED BY Z&A UPHELD BY COURT OF APPEALS 

In February 2014, G4S secured a verdict in favor of its client in a bodily injury matter filed in Denver District Court.  Partners Muliha Khan and Richard Angell tried the case.

Posted by on in General

superlawyers 1OUR SUPER LAWYERS HAVE DONE IT AGAIN!

Zupkus & Angell Partners Kristi Lush and Muliha Khan have once again been named Rising Stars by Super Lawyers, joining the ranks of seasoned Super Lawyer Bob Zupkus as perennial favorites for this prestigious recognition.

Posted by on in General
Zupkus & Angell, P.C. Has A New Address!

 

Posted by on in Publications
CWBA The Advocate Publication

Congratulations to ZA Law associate Erica Payne for the publication of her article "Life Cycle of a Law Firm Attorney" in the Winter edition of The Advocate, a publication of the Colorado Women's Bar Association.  
Erica's article, co-written with felow CWBA member Jyoti Pandya, is an enlightening look into the key stages of a legal career.

Posted by on in Publications

ZA Law Partner Dina Bernardelli and Associate Drew Gustus recently published an article in A Survey of the Law of Legal Malpractice, a compendium compiled by the International Society of Primerus Law Firms. The survey covers Legal Mapractice Law in most states (with Delaware soon to come, thanks to Drew), and is intended to be a resource for lawyers and their clients in every U.S. jurisdiction.

Posted by on in Events
New Addition to the ZALaw Family!!


On November 1st, 2015, ZALaw Partner Kristi Lush gave birth to beautiful Esther "Etta" Maren Rose Lush.
She weighed 7 pounds, 13 ounces and is happy and healthy!

Posted by on in Community

BusAs part of our initiative to move to a paperless office, we find ourselves less in need of binders, report covers, staplers, hole punches, file folders and, well… paper. So what do we do with a room full of these supplies? ZA Law was able to donate several truckloads of unused office supplies to a few great causes in the Denver Area:

Minority Enterprise & Educational Development, in partnership with WBENC (of which ZA Law is a proud member) accepted several boxes of ZA Law supplies for their annual “Stuff the Bus” School Supply Donation Program. These will help fill the backpacks of underprivileged DPS students headed to school this fall. A truckload of ZA Law supplies also went to Colorado Resource Area for Teaching, a foundation dedicated to supporting local teachers by providing access to necessary school room supplies.

Zupkus & Angell is proud to be an active partner in our community and looks forward to finding more unique opportunities to contribute!

Click here to learn more about M.E.E.D. or R.A.F.T.

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Posted by on in Community

The Zupkus & Angell team had the exciting opportunity to donate their time and energy to Denver’s own SAME Café on August 14th and 15th.
ZA LadiesDrew SAME

Posted by on in General

ZA Law is excited to welcome Drew Gustus as a new associate! Drew’s practice focuses on legal professional liability defense, while also bringing a depth of experience in construction defect, premises liability, and insurance coverage law.  His full bio and picture will follow on the web site soon. Welcome, Drew!

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ZA Law Partner Muliha Khan traveled to the great state of Texas in mid-June to serve as a presenter at the Property & Liability Resource Bureau (“PLRB”) Western Regional Adjusters Conference. Muliha was thrilled to be selected as a presenter at this prestigious conference. Presenting on the topic of “Effective Litigation Management,” Muliha was honored that Adam Patton, a claims supervisor at United Fire Group, joined her as co-presenter.

Posted by on in Presentations

b2ap3_thumbnail_0661b2d7a6aa02be7cdf1421_135x117.jpgIn May, ZA Law Partner Kristi Lush attended the TLA Annual Meeting in Scottsdale, AZ.  Kristi had the opportunity to moderate a panel entitled "Lights, Camera, Action!: Ethics goes to Hollywood" and had the honor of introducing the Honorable Gary Miller who used classic Hollywood film clips to highlight proper and improper legal and ethical conduct.

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