Downey & Associates Logo

Everyone gets their day in court. Even really strange folks and entities too. Well, it seems there’s a defamation lawsuit case in Boulder County District Court in which a famous UFO researcher has allegedly been saying humiliating and harmful things to the online community that could injure Gaia, Inc.’s professional reputation.

“Denver Luciferian coven equals CIA front” and “Satanists” are some of the accusations made by UFO and crop circle researcher, filmmaker and Nederland resident (who will remain un-named for this blog), the lawsuit alleges.1

Strange and Defamatory Accusations, Claims and Statements Made in the Gaia V. UFO Researchers Case

New Age Company Sues UFO Researcher for Defamation | Denver Business and Commercial Litigation Lawyer

New Age Company Sues UFO Researcher for Defamation | Denver Business and Commercial Litigation Lawyer

There’s no shortage of bizarre accusations and claims made by both sides in this stranger than fiction case:

What Must Gaia Prove to Win Their Defamation Case?

There are defamation laws in every state. The following are the four main things that must be proven by plaintiffs to win a defamation case:

  1. Plaintiff must prove that the defendant made a false and defamatory statement about them.
  2. Plaintiff must prove that the defendant published a defamatory remark about them with a third party without permission.
  3. Plaintiff must prove that the publisher of the defamatory material acted in a negligent manner with regard to the material.
  4. In Colorado, the plaintiff must also prove special damages.

Contact a Denver Business and Commercial Litigation Lawyer at Downey & Associates, PC

Has someone defamed your company or organizations by making false or contemptuous statements? If so, you need the expertise of the Denver Business and Commercial Litigation Lawyer with Downey & Associates, PC. Our goal is to find the most cost-effective resolution to your business dispute. We’ll seek to resolve matters through arbitration and private settlement meetings, but if an agreement can’t be reached we are aggressive in our litigation methods and strategies. To schedule an appointment, call us today at 303-647-9399 or send us an e-mail.

___________________________________________________________________

1“UFO filmmaker who called former client ‘Luciferian’ sued for defamation” published in Business Den, Aug. 2018.

2“Gaia sues Boulder UFO filmmaker for defamation” published in Daily Camera, Aug. 2018.

If you have been a Denver Metro area resident for more than five or ten years, you can attest to the fact that Denver’s housing situation has become a big issue. Well, it seems everyone and their dog wants to move to Denver from all corners of the nation, which begs the need for high-density, affordable housing in the downtown area. At the center of this issue is how Denver will spend $150 million in funds approved in 2016.

The Denver City Council put together an extensive plan called "Housing an Inclusive Denver," which details how some of that funding will be allocated.1

What are the Different Funding Plans?

building on the corner

The following Denver Council has driven affordable housing project plan funding information was gathered from local news stories:2

Can the Public Sue the City for Mismanaging a Public Housing Project?

Well, anything is possible in terms of impending lawsuits against the City of Denver over the affordable housing plan. Below is a list of valid concerns citizens have raised over the affordable public housing plan:

Contact a Denver Business Attorney at Downey & Associates, PC

Do you have a group of concerned citizens that want to sue a government entity? Is so, perhaps you should consult with Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing legal representation to clients for all kinds of business-related matters, including government litigation, contract negotiations and corporate conflicts.

To set up a meeting with our Denver business attorney today, call (303) 813-1111 or email us using the contact form on this page.

From our law offices in Englewood, we serve clients throughout Colorado and the U.S.

___________________________________________________________

1"Denver's New Affordable Housing Plan Details How It Might Spend Its $150 Million Fund" published in the Denver Post, Sept. 2017.

2“Denver’s $150M tax-and-fee plan for affordable housing heads to full City Council for debate” published in the Denver Post, August 2016.

Everyone knows there’s big money in black gold (oil) and companies’ eager to get at this natural resource don’t take too kindly to the roadblocks they hit along the way. In this particular case (State of Wyoming et al v. Jewell et al [No. 16-8068]), a federal judge in Wyoming is getting a little bit of push back from the federal government as well as some legal professors about one of his controversial rulings blocking federal rules surrounding hydraulic fracturing on government ground.

The Bureau of Land Management (BLM) disclosed rules in 2015 that mandated that drilling companies disclose the materials they inject into the ground to free up oil and gas. The rules were put together as a result of public concern that fracking could pollute or contaminate underground water.

Details and Claims Concerning the Wyoming Federal Judge’s Controversial Ruling

laborer working on pipes

The following details and claims were gathered from local news reports:1

What is Next for Wyoming’s Fracking Regulation Ruling?

Many legal pundits thought that since Obama personally filed a brief, along with that of a large number of reputable law professors, that it would have ensured an overturning of the ruling. However, new developments could redirect the ruling, including:2

Contact a Denver Business Attorney at Downey & Associates, PC

Has your corporation or industry been hindered by a wrongful court ruling? If so, contact Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and his legal team at Downey & Associates, PC, have aggressively sought justice for all kinds of business-related matters, including contract negotiations, workplace accidents, and corporate conflicts.

Our Denver business attorney is experience handling complex corporate matters and un-judicious court rulings. We are up to the challenge of filing court appeals and fighting out long-drawn courtroom battles to achieve the best possible outcomes for our clients.

Why wait, call our Denver business attorney today to find out how we can assist you at (303) 813-1111 or by emailing him using the contact form on this page.

From our law offices in Englewood, we service clients in Colorado as well as throughout the U.S.

____________________________________________________________________

1“Feds, law professors say judge wrong to block fracking rules” published in The Denver Post, August 2016.

2"Former DOI Honchos Urge 10th Circ. To Hear Frack Rule Case" published in 360 Law, June 2017.

The family of the late reggae superstar Bob Marley recently won $2.4 million in a trademark infringement lawsuit over the coffee brand carrying the family’s name. At issue, says parent company Jammin Java, is the fact that the family decided to nullify its contractual obligation with the coffee brewing company founded in 2007 by former chairman Rohan Marley, one of Bob Marley’s 11 children. Jammin Java counter sued for breach of contract.

“The viability of Jammin Java’s entire business is wholly dependent on its right to utilize the Marley Coffee brand name and other intellectual property owned by (the Marley family),” read the filing by Jammin Java president Anh Tran.

Marley Coffee Lawsuit Case Details and Allegations

Bob Marley Family Wins $2.4M Trademark Infringement Lawsuit | Denver Business Attorney

Bob Marley Family Wins $2.4M Trademark Infringement Lawsuit
| Denver Business Attorney

The following Marley Coffee lawsuit case details and allegations were gathered from news reports, press releases and court documents:1

Main Factor in the Court's Decision

U.S. District Court judge Stephen V. Wilson declared that that since Jammin Java did not to show any costs associated with the trademark, the damages award is the full gross revenue made from the Marley Coffee products.

Contact a Denver Business Attorney at Downey & Associates, PC

Has your company or group of investors experienced a breach of contract over a business dealing? If so, Denver Business Attorney Thomas E. Downey can help you get the matter worked out for the best possible outcome. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been providing legal representation to clients for all kinds of business-related matters, including contract negotiations and mediations.

Call our Denver business attorney today to see how we can provide you with legal assistance at (303) 813-1111 or by emailing us using the contact form on this page.

Our law offices in Englewood, but we also service clients throughout state and the U.S.

___________________________________________________________

1“Jammin Java Corp. Issues Shareholder Letter Regarding State of the Business and Providing a Litigation Update” published in the Global News Wire, August 2016.

2"Hollywood Docket: Bob Marley Coffee, Kardashian Beauty and Spotify's Settlement" published in The Hollywood Reporter, June 2017.

Acquiring real estate is a lot like dating, and then getting married. You get the opportunity to check the place out and see if you like it, then you seal the deal. But, just like getting married, many investors tend to find out about some skeletons in the closet that can turn out to make your life difficult.

We’ve all heard stories about some of these ghosts and goblins hiding in the most unsuspecting places. For instance, one investor acquaintance of mine picked up a lot that was prime for development in the perfect location of a town, but the only problem was there was an old fuel tank buried underground on the back of the property. The cost to evaluate the environmental impact, and then remove the tank made the investment look pretty terrible, actually.

Mistakes to Avoid When Inking Commercial Real Estate Deals

empty building

In this blog, we’ll look at five of the most common mistakes made when making a real estate deal:

Contact a Denver Business Attorney at Downey & Associates, PC

Real estate transactions and property disputes involve risks, which is why you need Denver Business Attorney Thomas E. Downey, who is trusted, knowledgeable, and experienced. Since 1983, Thomas Downey and the legal team at Downey & Associates, PC, have been providing attentive and knowledgeable legal counsel on how to handle your real estate matters.

Working with our team, located in Englewood, you’ll save money, time, and worry. Our aggressive professional advocacy team handles the following types of services: business and commercial disputes, antitrust litigation, real estate matters, personal injury (both plaintiff and defense), product liability, property tax, employment law, and OSHA/MSHA conflicts.

To schedule a free, no-obligation consultation, call (303) 813-1111 or by emailing us using the contact form on this page.

The Grove development project seems to be taking fire from every direction. First, the project developer threatened to file a $30 million lawsuit against the city for its attempts to halt the development plans. Now, nearby neighbors are up in arms over the scope of the project - and its potential impacts on their community.

“Fight the Grove – Save Our Historic Neighborhood,” yard signs put up by local residents read. They are reportedly fed up with alleged zoning violations and a development project that some are saying is too big and out of place for the historic Bemis neighborhood.

As a matter of fact, some residents are taking their fight straight to City Council to see if they can stop the developer, Zocalo Community Development, from starting construction.

Details and Allegations Surrounding the Neighborhood Lawsuit

"permits inspections licenses codes " arrow sign

The following details the allegations and events surrounding the neighborhood dispute over the Grove mixed-use development project:

Do the Neighbors Have a Case?

Based on the available facts and court documents, it seems that the city and developer may have rushed into this development and overlooked the need for (or importance of) public input with regards to this development project.

What remains to be determined, however, is whether:

If so, the neighbors may have grounds to sue and seek monetary damages. As more news about this contentious issues becomes available, we'll report the latest details to you here, in future blog.

Until then, tell us your opinions about this project and the dispute surrounding it on Facebook & Google+

Contact a Denver Real Estate Attorney at Downey & Associates, PC

For experienced, effective representation in any real estate or development dispute, contact Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their business litigation, development conflicts, property tax and real estate legal issues.

Our dedication to our clients, coupled with our extensive experience handling complex matters of real estate law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

Call (303) 813-1111 or email us using the contact form on this page for a thorough case evaluation and clear advice about your best options for proceeding.

From  offices based in Centennial, we serve clients throughout Colorado and the U.S.

lady justice desk statue and court gavel

The Grove senior-living, mixed-use development project in downtown Littleton got pretty heated at a recent City Council meeting, and which council members considered putting an immediate halt to it.

This city also faces a potential $30 million lawsuit from the project developer, Denver-based Zocalo Community Development, if the council decides to vote to withdraw the project development plan and the building permits.

Why Is City Council Considering Shutting Down the Project?

The following details of the Grove development project were provided by local news reports and court documents:

What Will Happen Next?

It’s highly unlikely that the Grove mixed-use development project will be shuttered. Mostly due to the fact that the city would be facing an impending lawsuit if they did.

Not only would the city be libel to pay for damages, but the move to pull permits could expose “council members individually and personally to financial liability,” according to the Grove’s attorney.

Littleton’s City Manager Michael Penny said he reviewed the project and concluded that the project in its entirety and found that “…it met the applicable land use and zone codes.”

Penny added that “there’s no provision for the Council to get involved, and no language in the code for the Council or staff to send the matter to the Board of adjustment, which hears appeals.

Contact a Denver Real Estate Attorney at Downey & Associates, PC

For experienced, effective representation in a real estate or zoning dispute, contact Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their real estate litigation, property tax and real estate legal issues.

Call (303) 813-1111 or email us using the contact form on this page to schedule an initial consult with Denver Attorney Thomas Downey and find out more about how he can serve you.

From offices in Centennial, Thomas Downey serves clients throughout Colorado and the U.S.

Land easement cases can be really tricky, especially when they involve local, state or federal governments. This case is between a Colorado mountain homeowner and the U.S. Forest Service, and it concerns the agreement they arrived at in a road easement access conflict so that the homeowner could cross federal land to access his property.

According to court documents, Eaden Shantay, who owns the house located at 60 Larkspur Mountain Road in Pitkin County outside of Aspen, reached a settlement in May.

The Dispute over Easement Access Rights: The Details of the Case 

snow covered mountain road

The following details were collected from local news reports and court documents:

The Resolution

The Forest Service eventually granted Shantay easement access rights, but it didn’t come without a fight:

Contact a Denver Real Estate Attorney at Downey & Associates, PC

If you need help resolving easement access disputes or asserting your easement access rights, it's time to contact Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, easement, property tax and real estate legal issues.

Our dedication to our clients, coupled with our extensive experience handling complex matters of real estate and business law, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

Our Denver Real Estate Attorney encourages you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

Zillow is set to pay $130 million in one of the most contentious online real estate cases in history. Zillow has agreed to settle with Move, which operates Realtor.com for the National Association of Realtors (NAR), according to a Securities and Exchange Commission filing.

As the settlement agreement explains:

It is understood and agreed that this is a compromise settlement of disputed claims and counterclaims and potential disputed claims and counterclaims... This settlement agreement is solely the result of a good faith compromise and settlement between the parties. Nothing contained herein is or is to be construed as an admission by any of the parties of liability, wrongdoing, or responsibility, and the parties deny any such liability or wrongdoing and continue to disclaim such responsibility.

A Look at the Allegations & Details of the Case 

trade secrets notebook

The following details were gathered from news reports and the Securities and Exchange Commission filing:¹

“We are pleased to have reached an amicable resolution of this litigation,” Move said in a statement. “We look forward to putting the matter to rest and returning our full focus to simplifying the real estate process for consumers and the real estate professionals who serve them.”

Contact a Denver Real Estate Attorney at Downey & Associates, PC

If you have a real estate deal that needs legal representation or you have a business dealing that needs litigation, you can count on Denver Real Estate Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their real estate legal issues, litigation, and property taxes.

Our dedication to our clients, coupled with our extensive experience handling complex real estate matters, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

We encourage you to learn more about your rights and options, as well as our various services, by calling us at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

________________________________________________________________________

1“Zillow to pay $130M to settle lawsuit with Move over alleged trade secret theft” published in Housingwire, June 2016.

ripping up a contract

Von Miller of the Denver Broncos is embroiled in an intense contract dispute with the team, and he doesn’t appear to be blinking. The Super Bowl MVP’s last contract offer of $114.5 million over six years would make him the highest paid, non-quarterback player in the National Football League.

So, you might be asking yourself: “What the heck is he waiting for?” The answer is quite simple really. He wants more of the guaranteed money up front.

What Part of the $114.5M Contract is Von Miller Contesting?

The Broncos have given Miller their exclusive franchise tag, but Miller has yet to sign the one-year tender that guarantees him $14.1 million. Also, in the fine details of the contract it only guarantees $38.5 million and two years with the possibility to earn an additional bonus of $1.3 million for attending workouts. The third years of the contract only guarantees for injury, when Miller reaches that part of the contract.1

In the pro sports world, contracts like this will largely be hashed out until both sides are in agreement on the amount to be guaranteed in the first three years. Miller and the Broncos have until July 15 to work out the guaranteed amount.

How Miller Might View the Deal?

Buffalo Bills tackle Marcell Dareus is at the top of the guaranteed earnings list, among who are non-quarterbacks, with $60 million guaranteed in his sixth year. Dareus’ overall contract was extended for him to make $96.5 million.

Then there’s the Miami Dolphins that offered defensive tackle Ndamukong Suh a $114 million contract for six years, but that included a guarantee of $59.96 million in the first three years. The Broncos contract would essentially put Miller ahead of Ndamunkong’s deal, but with less guaranteed earnings.

Miller and his agent will obviously use the aforementioned scenarios as precedence and leverage to try and nail him more guaranteed earnings as well as earlier in the contract period.

How Might the Broncos Head Office See the Contract Negotiations?

Historically, the Denver Broncos have been miserly when it comes to player contract negotiations. But, they also tend to take care of their franchise players, so there may be room for negotiations before the contract deadline. For instance, one thing they like to do is divvy the payout structure over the three years with the third year picking up the biggest payout.

Contact a Denver Business Attorney at Downey & Associates, PC

If you need help resolving a contract dispute or any business legal issue, you can count on Denver Business Attorney Thomas E. Downey. Since 1983, Thomas Downey and the other legal professionals at Downey & Associates, PC, have been providing individuals and businesses in the Denver Metro Area and throughout the U.S. with the highest level of legal service for their litigation, contract disputes, property tax and real estate legal issues.

Our dedication to our clients, coupled with our extensive experience handling complex contract negotiations, means that our clients can always trust that we will aggressively protect their rights and help them achieve the best possible outcomes to their sensitive legal matters.

Out first consultation about your contract dispute will be complimentary, call today at (303) 813-1111 or by emailing us using the contact form on this page.

From our law offices in Centennial, we serve clients throughout Colorado and the U.S.

303-647-9399
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram