Brady's Suspension - Upholding an Arbitration Award /  by Thomas Werge

This weekend, Tom Brady will return to the field after serving a four-game suspension for the Deflategate scandal. Although New England Patriots fans have decried the suspension, the punishment was upheld largely due to the deference courts give to private arbitration proceedings. The suspension was imposed following an arbitration authorized by the NFL and its players association, the NFLPA. Following the adverse result in arbitration, the NFLPA challenged the arbitration award on behalf of Brady all the way to the United States Court of Appeals for the Second Circuit.

The Second Circuit's opinion upheld the arbitration award, and clearly articulated what most courts do when faced with a challenge to an arbitration award: defer to the arbitrator. The Court stated:

"Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games 4 or none at all. Nor is it our role to second guess the arbitrator’s procedural rulings. Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards . . . ."

The law in Colorado is similarly deferential to arbitration awards. Attorney Tom Werge recently prevailed in Douglas County District Court on behalf of a small business client who was forced to defend an arbitration award. In finding in favor of the client, the trial court cited to Mountain Plains Constructors v. Torrez, 785 P.2d 928, 930 (Colo. 2000), which held that "[t]he public policy of this state encourages the resolution of disputes through arbitration." The trial court denied the opposing party's request to vacate the arbitration award, identified that it had not identified any legal basis to set aside award, and it instead confirmed the award in favor of the client. The result for Tom Brady was the same - the court deferred to the arbitrator's suspension and upheld the arbitration award.

Werge Law LLC focuses on the representation of small business clients in litigation and dispute resolution matters, including in arbitration and related court proceedings.

Two Anniversaries /  by Thomas Werge

Tom Werge is thrilled to celebrate two big anniversaries this week! It's the first anniversary of his law practice and the twentieth anniversary of his band. Werge Law is honored to be continuing the independent law practice Tom started through Lyda Werge one year ago this week! The first year has been a tremendous success, and we look forward to continuing to efficiently and effectively serve our clients in litigation and dispute resolution, small business, and music law matters.

Tom's band 12 Cents for Marvin also turns 20 this week! They are celebrating with the release of their appropriately-titled album, It's Not Over! Tom combines his love for music and the law through Werge Law's representation of musicians and bands in small business and music law matters.

Colorado Supreme Court Raises the Bar /  by Thomas Werge

The Colorado Supreme Court recently decided the landmark case of Warne v. Hall, 2016 CO 50. In Warne, the Court changed the standard to evaluate motions to dismiss civil lawsuits. The Court identified the "growing need, and effort in our rules, to expedite the litigation process and avoid unnecessary expense, especially with respect to discovery." It then set aside the previous rule prohibiting dismissals unless a court could find "no set of facts" by which a plaintiff could prevail, instead adopting the "plausible on its face" standard to evaluate the sufficiency of a complaint.  Colorado state courts now follow the federal standard articulated in Bell Atlantic v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009).

Thomas Werge submitted a brief to the Colorado Supreme Court on behalf of amicus in support of adopting the new standard.

Announcing Werge Law LLC /  by Thomas Werge

Tom Werge is excited to be continuing the practice he started at Lyda Werge LLC through Werge Law LLC. The new firm will remain focused on providing efficient and effective representation in the areas of litigation and dispute resolution, small business, and music law. Werge Law will maintain the offices of Lyda Werge in the historic Petroleum Building in downtown Denver. We look forward to continuing to serve your legal needs!

Werge Law LLC
110 16th Street, Suite 1300
Denver, CO 80202
www.werge.law
tom@werge.law
720-507-5008

Lyda Werge Attorney Selected By Super Lawyers /  by Thomas Werge

We are proud to announce the selection of Tom Werge as a Colorado Super Lawyers Rising Star for 2016. Super Lawyers is a research driven, peer influenced, rating system for outstanding lawyers who have attained a high degree of peer recognition and professional achievement. The Rising Stars list recognizes no more than 2.5% of lawyers in Colorado. This is the second consecutive year that Tom has been recognized as a Super Lawyers Rising Star.

Werge Judges Jessup Moot Court Competition /  by Thomas Werge

Tom Werge recently judged a round of the Philip C. Jessup International Law Moot Court Competition at the University of Denver. The Jessup is the largest moot court competition in the world, attracting participants from almost 700 law schools in more than 90 countries. Law students compete in a simulated trial before the International Court of Justice.

Werge judged a round of competition between the University of Wyoming and Louisiana State. The level of talent and preparation from the law student competitors was thoroughly impressive. Stanford University won the overall Rocky Mountain regional competition. Congratulations to all competitors in the Jessup Cup.