• June 30 2010
    KAPLAN KIRSCH AND ROCKWELL SCORES VICTORY IN FEDERAL DISTRICT COURT FOR VIDEO MONITORING OF PASSENGER LOCOMOTIVE CABS

      

    KKR recently secured an important victory for its client, Southern California Regional Rail Authority ("Metrolink"), by obtaining the dismissal of challenges to the Metrolink's use of  video cameras  equipped with audio recording devices in the cabs of Metrolink  locomotives. . On June 30, 2010, Judge Percy Anderson of the U.S. District Court for  the District of Central California granted KKR's motion to dismiss a complaint filed by the Brotherhood of Locomotive Engineers and Trainmen ("BLET") seeking removal of the cameras.  Metrolink installed cameras in its locomotives in October 2009 as a safety measure in order to monitor compliance with certain operating rules, including the rule barring the use of handheld electronic devices, while the engineers operate passenger trains.  The U.S. District Court granted Metrolink's Motion for Judgment on the Pleadings, holding that (a) Metrolink's policy was not preempted by federal law, (b) the installation of the cameras did not infringe the engineers' substantive or procedural due process rights, and (c) BLET could not obtain a court order allowing its members to  "work to rule" to protest the cameras.  The Court had previously dismissed the Union's civil rights complaints.  An action BLET filed in state court is still pending.  To read the Court's Order, click here.

  • May 1 2010
    Peter Kirsch Quoted in Airport Revenue News

     

    Kaplan Kirsch & Rockwell successfully defended Martin County, Florida in a class action seeking noise damages for operations at a busy general aviation airport on the east coast of Florida.  The firm successfully argued that the case should not be certified as a class because noise damages are unique to each property owner.  Peter Kirsch discussed the case and its implications for airports nationwide in an article in Airport Revenue News.  

     

    Click here to read the article.

  • March 29 2010
    KAPLAN KIRSCH AND ROCKWELL ACHIEVES MAJOR VICTORY FOR COLORADO BROWNFIELD AND INFILL DEVELOPMENT

     

    On March 29, 2010, the Colorado Public Utilities Commission rejected an electric tariff proposed by Xcel Energy that would have imposed burdensome environmental liability and cost requirements on developers of brownfield properties in Colorado.  Kaplan Kirsch represented a coalition of intervenors in this matter, including NAIOP, the Colorado Association of Homebuilders, the Denver Metro Building Owners and Managers Association, Fitzsimons Redevelopment Authority, Forest City Stapleton, Inc., Fitzsimons Developer LLC, LUI Denver Broadway, LLC, and LUI Denver Broadway Office, LLC, who argued to the PUC that the proposal would severely and unfairly affect brownfield and infill development in Colorado.  The PUC agreed with our clients that "the proposal is significantly flawed, and [Xcel's] arguments in support of the tariff are insufficient to justify its problematic language."  

     

    To see the PUC decision in its entirety, click here.  To see NAIOP's announcement click here.

  • March 29 2010
    SPECIAL ALERT: RTD, WITH REPRESENTATION BY KAPLAN KIRSCH & ROCKWELL, CONCLUDES MAJOR PROPERTY ACQUISITION AND FACILITIES RELOCATION AGREEMENT WITH BNSF RAILWAY FOR THE FASTRACKS PROGRAM.

    Click here to view the Special Alert.

  • January 2 2010
    Sarah Rockwell and Lori Potter Named Among 2010 COLORADO SUPERLAWYERS and TOP 25 WOMEN LAWYERS IN COLORADO

    Colorado Super Lawyers, 2010

    Sarah Rockwell, Page 26, 43
    Lori Potter, Page 26, 39

  • April 2 2009
    Lori Potter Appointed to Federal Judge Appointment Review Committee

    "Colorado senators appoint advisory panel to help find federal judges", Denver Business Journal, April 2, 2009

    Denver Business Journal 040209.pdf
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