Boulder, Colorado. Sep. 6, 2023-District Judge Zanisek orders all pending Marshall fire cases to be consolidated (for pretrial purposes) into the first filed Marshall fire case Kupfner v. Xcel Energy and Public Service Company Case (Case No. 2022cv30195) filed by Denver Injury Law LLC d/b/a Avery Law Firm trial lawyer James Avery.
If you or a loved one has suffered injury (smoke inhalation, evacuation order, emotional distress, property damage or losses, loss of income or value of time, landscaping losses, uncompensated or underinsured losses, etc.), contact the lawyers at Denver Injury Law, LLC today, by calling 720-924-4476 (Marshall Fire hotline) or completing the confidential client contact form above.
CBS 4 News re Marshall Fire Investigation Results Blaming Xcel Energy-Lead Attorney James Avery comments. Boulder Marshall Fire Hotline: (720) 924-4476
NOTICE: Boulder Town Hall Meeting, Apr. 9, 2022, 2:00p to 5:00p, at Tandoori Grill, 619 S. Broadway (SW corner of Table Mesa Blvd and Broadway).
BREAKING NEWS: APRIL 9, 2022: Denver Injury Law LLC and Schack Law Group have learned from eyewitnesses that the PSC_Xcel property on the upwind outskirts of Superior was covered with tons of dry wood chips that caught fire and blew burning embers into the air with 100+ mph winds creating an inferno on the upwind edge of town. Details of the Boulder Fire Class Action lawsuit below. See Link-Click Here for breaking news.
Class Action Victim Compensation Hotline-Call: (720)924-4476
3/31/22, Boulder Colorado.
In what appears to be the largest damages lawsuit in Colorado history, Denver Injury Law, LLC @ Boulder and Schack Law Group of San Diego, California filed the lawsuit today, a class action, on behalf of victims of the Boulder Marshall Wildfire against Xcel Energy. The suit alleges Xcel was negligent in its maintenance of power lines in the vicinity of Highway 93 at the intersection of Highway 170 near Eldorado Springs, and that the fire terrorized and damaged the plaintiffs. Over 1,000 homes and businesses were destroyed, and 6,000 acres burned. One person is reported dead and another remains missing after the fire. The lawsuit seeks to establish a class of victims, or will advance individual claims of the named plaintiffs. Total property losses are estimated at Five Hundred Million Dollars ($500,000,000.00). Individual plaintiffs can claim up to $642,180 each for non-economic losses under state law. Exemplary damages can equal 1:1 (doubling the award), if permitted. Litigation costs are also recoverable. “This negligence damages case will likely exceed $1 billion,” according to James Avery, Denver’s Top Trial Lawyertm, and lead trial counsel in the case. Update: October, 2022 the state updated its loss figure to $2 Billion.
The lawsuit has garnered significant media attention. A Town Hall will be hosted by the law firms representing the plaintiffs on Wednesday, April 6, 2022, 5:30-7:00 p.m. at Tandoori Grill, 619 S. Broadway, south Boulder (near King Soopers shopping center). A hotline has been established for victims to register for information about the lawsuit or join the litigation. Insurance claims also accepted. Call 720-921-0555. Victims may also complete the contact form below to connect with Denver Injury Law, LLC and Denver’s Top Trial Lawyer James Avery (Counsel of Record in the Class Action lawsuit).
June 8, 2023: BOULDER SHERIFF OFFICE releases its investigation of the cause of the Marshall Fire, and can ‘confidently’ and ‘definitively’ state that one of the ignition sources was an Xcel Energy power line that had come loose and cause sparking and molten hot metal to drop into the dry grass in the vicinity of the Boulder Open Space Trailhead. A second ignition source was believed to be wind uncovered embers from a burn pile on the 12 Tribes property, although the Sheriff believed that fire was handled responsibly and legally.
Recent news: Denver Injury Law LLC (DIL) and Schack Law Group have successfully defeated a motion to dismiss filed by Public Service Company of Colorado to dismiss the lawsuit, which alleged the claims to be groundless. The District Judge ruled the lawsuit stated numerous viable claims against Public Service Co. of Colorado. A motion to dismiss filed by Xcel Energy Inc. (MN) as parent company are still pending and being defended by DIL and Schack. A copy of the Order can be viewed by clicking on this link:
The completion of a contact form does not establish an attorney-client relationship, but all communications will be kept confidential as prospective client communications.
The case has garnered immediate national publicity. News stories suggest two ignition points (both in the vicinity of Xcel Energy power line alleged in the lawsuit to have crossed). Top stories:
Apr. 8, 2022- The 20th Judicial District in Boulder Bench has recused itself from this case. The case will be transferred to another district or a retired Judge.
Judges recuse themselves when they take no part in deciding cases that they would otherwise help decide. The Due Process clauses of the United States Constitution require judges to recuse themselves from cases in two situations:
Where the judge has a financial interest in the case’s outcome.
Where there is otherwise a strong possibility that the judge’s decision will be biased.
In either case, it does not matter whether or not the judge is actually biased. What matters is that even if the judge is not biased, the high probability of bias still damages the integrity of the judicial system. Any party in a lawsuit may request that a judge recuse him or herself.
In addition, the Constitution of the State of Colorado, Art. XXIX, Sec. 1 provides:
(1) The people of the state of Colorado hereby find and declare that: (a) The conduct of public officers, members of the general assembly, local government officials, and government employees must hold the respect and confidence of the people; (b) They shall carry out their duties for the benefit of the people of the state; (c) They shall, therefore, avoid conduct that is in violation of their public trust or that creates a justifiable impression among members of the public that such trust is being violated; (d) …
Colorado Rules of Civil Procedure, Rule 97 provides:
A judge shall be disqualified in an action in which he is interested or prejudiced, or has been of counsel for any party, or is or has been a material witness, or is so related or connected with any party or his attorney as to render it improper for him to sit on the trial, appeal, or other proceeding therein. A judge may disqualify himself on his own motion for any of said reasons,…Upon disqualifying himself, a judge shall notify forthwith the chief judge of the district who shall assign another judge in the district to hear the action. If no other judge in the district is available or qualified, the chief judge shall notify forthwith the court administrator who shall obtain from the Chief Justice the assignment of a replacement judge.
Denver mass tort-hospital liability lawyer James Avery has been retained to investigate the breach of security and #HIPAA violations effecting a large number of #employees and #patients at #UCHealth Memorial Hospital Central in #ColoradoSprings. Contact James Avery for further information. Call now: 303-840-2222 or complete the contact form below.
HIPAA violations are expensive. The penalties for noncompliance are based on the level of negligence and can range from $100 to $50,000 per violation (or per record), with a maximum penalty of $1.5 million per year for violations of an identical provision. Violations can also carry criminal charges that can result in jail time.
OCR only may take action on complaints if:
Your rights were violated by a covered entity or business associate
You file your complaint within 180 days of the violation
These statutory remedies, however, are not available to private citizens, whose sole remedy is under state law (using HIPAA regulations as a standard). State remedies must be pursued starting with a notice of claim within 182 days of the date of discovery.
Don’t delay, failure to meet the time deadlines can bar your claim. Talk to an experienced attorney today.
February 1, 2020 – Announcing the selection of James W. Avery among America’s Top 100 High Stakes Litigators® for 2020. Previous selection includes 2019 (Inaugural year). Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.
Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.
When experience counts, trust Avery Law Firm to handle the case. Contact James Avery now! Call +1-303-840-2222 or complete the confidential contact form below (24/7). New York-Colorado-Indiana
Salainis
I had learned already many of the Outland methods of communicating by forest notes rather than trust to the betraying, high-pitched human voice.
None of these was of more use to me than the call for refuge. If any Outlier wished to be private in his place, he raised that call, which all who were within hearing answered.
Then whoever was on his way from that placed hurried, and whoever was coming toward it stayed where he was until he had permission to move on.
Denver trial lawyer James W Avery (J.D.-Univ. of Denver Law-1982) is the founder of Colorado’s Top Personal Injury Law Firm. Personal injury practice areas include
hospital liability and health care law
automobile, truck, train, plane and motorcycle accidents
