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Benezra & Culver, P.C.
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Super Lawyers
Seriously Outstanding
only 5% selected each year

Super Lawyers
Seriously Outstanding
only 5% selected each year
Bar Register 2012

 

 

This Web site is designed to provide accurate and authoritative information regarding the subject matter covered. It is provided with the understanding that the law firm is not engaged in rendering legal advice. If legal advice is required, the services of a competent professional in your state should be sought.



A Law Firm Emphasizing

Employment, Civil Rights, Criminal and False Claims Act Law

About Our Firm

Benezra & Culver, P.C.. is an A/V rated Colorado law firm recognized in 2006 in the Bar Register of Preeminent Lawyers by LexisNexis Martindale-Hubbell. The firm's practice emphasizes all areas of employment law, litigation and counseling for employees and employers. Among the substantive areas of specialization are the Civil Rights Act of 1964, as amended ("Title VII"), the Age Discrimination in Employment Act ("ADEA"), the Employee Retirement Income Security Act ("ERISA"), the Civil Rights Act of 1866 ("Section 1981"), the Civil Rights Act of 1872 ("Section 1983"), the Fair Labor Standards Act ("FLSA"), the False Claims Act ("FCA"), the Occupational Health and Safety Act ("OSHA"), the Workers Adjustment and Retraining Act ("WARN"), the Employee Polygraph Act ("EPA") and judicially created wrongful discharge claims. In addition the firm provides representation to state and federal employees before state agencies and before the Merit Systems Protection Board. The firm is a full service litigation firm, including trial and appellate representation. Benezra & Culver also handles criminal cases in federal and state court at the trial and appellate levels.

Benezra & Culver News
BENEZRA & CULVER WINS JUDGMENT FOR FAILURE TO ACCOMMODATE DISABILITY
On May 15, 2012, in Jacobsen v. Dillon Cos. d/b/a King Soopers, District of Colorado Case No. 10-cv-01944-LTB-BNB, Benezra & Culver prevailed on a disability discrimination claim under the Americans with Disabilities Act (“ADA”) on behalf of its client, Julie Jacobsen.
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FIRM WINS REINSTATEMENT FOR FEDERAL EMPLOYEE
On April 20, 2012, in Doe v. Small Business Administration, MSPB Case No. DE-0752-11-0319-I-2, Benezra & Culver prevailed before the Merit Systems Protection Board (“MSPB”) on a claim of disproportionate discipline of a longtime federal employee.
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FIRM CLIENTS OBTAIN CLASS CERTIFICATION AGAINST CITY AND COUNTY OF DENVER
On August 20, 2010, eight clients represented by Benezra & Culver, P.C., obtained certification of a class of 92 individuals for violation of C.R.S. § 16-3-404, a statute that guarantees all arrestees access to counsel.
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BENEZRA & CULVER WINS LARGE FRAUD JUDGMENT
On May 3rd, 2002, Benezra and Culver, P.C. obtained one of the largest employment law judgments ever entered in Colorado for their client. In Drake v. TalMor Capital Management, LLC and Edmund Melhado, the Plaintiff, Daniel Drake, brought claims against the defendants for breach of contract, fraudulent misrepresentation, and violations of the Colorado Wage Act.
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FIRM WINS UNUSUAL DISABILITY DISCRIMINATION JUDGMENT
On July 10, 2008, in Candy Wilson v. Alamosa School District, Case No. 06-cv-00607-WDM-CBS, Benezra & Culver prevailed on a disability discrimination claim under the Americans with Disabilities Act on behalf of its client, Candy Wilson
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FIRM WINS TWO-PLAINTIFF RETALIATION JUDGMENT
On September 20, 2007, in Vincent Crowe and Larry Ford, II v. South Adams County Water and Sanitation District, USDC Case No. 05-CV-00833-RPM-MJW, Benezra & Culver, P.C. prevailed on a retaliation claim on behalf of its clients.
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BENEZRA & CULVER WINS DISCRIMINATION CASE
On March 4, 2004, Benezra & Culver, P.C., obtained judgment for their client in a novel gender discrimination case. In Doe v. Lucent Technologies, Inc., and Avaya, Inc., Civil Action No. 01-WM-2240 (D.Colo. 2004), the Plaintiff, Jane Doe, brought claims against the Defendant for gender, age, and gender-plus-age discrimination in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (“ADEA”), and a claim for Wrongful Discharge in Violation of Public Policy under Colorado law.
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ORDER GRANTING CLASS COUNSEL'S PETITION FOR ATTORNEY FEES AND COSTS
U.S. District Court Judge Lewis T. Babcock approved a settlement in Vaszlavik, et al. v. StorageTek of $5 million dollars and affirmative injuctive relief for members of an age and benefits discrimination class action lawsuit. We are especially proud of the Court's characterization as "exceptional" in paragraph nine of the Order of our law firm's efforts in representing the class.

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Articles 

Employment Law :
US Supreme Court Allows Employees to Recover on Hostile Work Environment Theory for Acts that Occur Outside of Applicable Time Period
A plaintiff filing a Title VII claim must file the charge with either the Equal Employment Opportunity Commission ("EEOC") either 180 or 300 days after an alleged unlawful employment practice. 42 U.S.C. ß2000e-5(e)(1). However, the United States Supreme Court reached a compromise with respect to employee claims based on illegal acts which occured outside of this applicable time period.
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Criminal Law :
Colorado Supreme Court Issues Significant Decision on Withdrawing Guilty Pleas
In Craig v. People of the State of Colorado, Case No. 98-SA-159 (October 4, 1999), the Colorado Supreme Court issued a significant decision which may allow more Defendants to challenge previous felony convictions. The decision relates to Defendants who have pled guilty to felonies and were not properly advised regarding mandatory parole.
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Class Action :
How Benefits Discrimination Can Lead to Class Action Lawsuits

Generally to proceed as a class action, a case must meet all of the following criteria: (1) the class is numerous enough to warrant proceeding as a class action; (2) there are questions common to the class; (3) the claims of the class representatives are typical of the claims of the class; and (4) the representatives will fairly and adequately protect the interests of the class. In the employment context, an employer will often engage in a pattern or practice that is discriminatory against not only one individual, but also an entire class of similarly situated individuals.
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False Claims Act:
Supreme Court Upholds Qui Tam Provisions of Federal False Claims Act
In Vermont Agency of Natural Resources v. United States ex rel. Stephens, 2000 U.S. Lexis 3428 (U.S. May 22, 2000), the Supreme Court held that private individuals have standing to bring suit in federal court on behalf of the United States of America under the False Claims Act.

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Article Archive  

Employment Law :
Colorado Supreme Court Rejects "Pretext-Plus" to Prove Intentional Discrimination

Supreme Court Affirms that Intentional Discrimination can be Proven by Circumstantial Evidence Alone

U.S. Supreme Court Reduces Rights of State Employee's

Changes in Disabilty Discrimination Cases brought under the Americans with Disabilities Act

Understanding the EEOC Process

Criminal Law :
Recent Significant 10th Circuit Decision on Sentencing Guidelines in Federal Drug Cases

Class Action :
No Aricles at this time

False Claims Act:
United State Supreme Court to Address Issue of Standing of Qui Tam Plaintiffs Under the False Claims Act

Procedural Aspects of the False Claims Act

The Federal False Claims Act & Plaintiff Qui Tam