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Colorado Supreme Court Withdraws Prior Opinion on Tenant’s Right to Jury Trial in Evictions

Colorado Supreme Court Withdraws Prior Opinion Regarding Tenant’s Statutory Right to Jury Trial in Certain Eviction Proceedings Co-Author:  Britney Beall-Eder The saga continues. Previously, on October 21, 2024, the Colorado Supreme Court issued a noteworthy opinion in In re Mercy Housing Management Group, Inc. v. Naomi Bermudez, holding that a  tenant has a statutory right to a jury … Continue Reading

CTA Update: Nationwide Preliminary Injunction Reinstated

The U.S. Court of Appeals for the Fifth Circuit has once again altered the legal landscape regarding the Corporate Transparency Act (CTA). On December 26, 2024, the court reinstated a nationwide preliminary injunction, pausing the enforcement of the CTA, including the associated filing deadlines. For the moment, companies are once again not required to submit … Continue Reading

CTA Update: Nationwide Preliminary Injunction Lifted

On December 23, 2024, the Fifth Circuit Court of Appeals lifted the nationwide injunction on the Corporate Transparency Act (CTA), reinstating its enforceability. As a result, reporting companies and their beneficial owners are once again subject to the CTA’s requirements, necessitating the submission of beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN). In … Continue Reading

Corporate Transparency Act Update: Nationwide Reporting Temporarily Suspended

Corporate Transparency Act: Nationwide Reporting Temporarily Suspended On December 3, 2024, in Texas Top Cop Shop, Inc., et al v. Garland et al, No. 4:24-cv-00478 (E.D. Tex. Dec. 3, 2024), a Texas federal district court issued a nationwide preliminary injunction halting the enforcement of the Corporate Transparency Act (CTA) by the U.S. Treasury’s Financial Crimes … Continue Reading

Connelly v. IRS: Tax Implications for Life Insurance in Business Succession Planning

Tax Implications for Life Insurance in Business Succession Planning Co-Author:  Blake S. Gabriel The recent Supreme Court decision in  Connelly v. United States, has introduced significant legal and tax considerations for business owners involved in succession and estate planning using life insurance policies. The Court’s ruling determined that a company-held life insurance policy on a … Continue Reading

Mold and the Implied Warranty of Habitability in Colorado Rental Housing

Mold and the Implied Warranty A rental property that someone lives in is considered uninhabitable under Colorado law if there is mold present due to damp conditions that if left unaddressed could significantly affect the health or safety of tenants. Most properties may have some minor signs of mold, especially on surfaces prone to moisture … Continue Reading

Sweeping New Domestic Abuse Laws for Divorcing Couples, Unmarried Couples and Children

Introduction Colorado recently enacted new laws regarding child custody (allocation of parental responsibilities) and divorce cases to better protect children and individuals claiming to be victims of domestic abuse. This article provides details on some of these recent changes. Children’s Wishes About Parenting Time and Decision Making Under past and present Colorado law, a child … Continue Reading

Colorado Tenants May Request Jury Trial in Certain Eviction Cases

Colorado Tenants May Demand Jury Trial to Determine Factual Disputes in Certain Eviction Proceedings Co-Author:  Britney Beall-Eder Please see updated article here. On October 21, 2024, the Colorado Supreme Court rendered its decision in In re Mercy Housing Management Group, Inc. v. Naomi Bermudez, issuing a noteworthy opinion for Colorado landlords and tenants. The Court held … Continue Reading

Don’t Believe Rumors of Disagreement Between NAR and Your Regulators About the Antitrust Settlement

The plaintiffs in the settled antitrust lawsuits were sellers, not buyers. It is natural that regulators may not be keen on settlement terms that intend to help sells and may hurt buyers. Yet the Division is not stating that it will prosecute brokers for honestly complying with the Settlement Agreement. Colorado law does not prohibit … Continue Reading

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