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At the Martinez Law Group,
our passion for excellence extends to our appellate practice as well.
Successful representation at the appellate level requires mastery of the law,
outstanding written advocacy, and comprehensive knowledge of the rules of
the appellate system. Our appellate lawyers are skilled in each of these
areas and have won favorable decisions in both state and federal courts of appeals.
Our appellate team has been
at the forefront of developing employment law related to employees’ use of
medical and recreational marijuana. Martinez Law Group defended an employer
in a case of first impression, Coats v. DISH Network, L.L.C., in which the
Colorado Supreme Court held unanimously in favor of the employer.
Coats v. DISH Network L.L.C., 350 P.3d 849
(Colo. June 15, 2015). This cutting edge decision has preserved Colorado employers’
ability to have and enforce drug-free policies.
Other appellate successes
of the Firm include:
• Abboud v. Xcel Energy Services, Inc., 2020 WL 3053254
(Colo. App. June 4, 2020) (a former employee brought common law claims
against the company and its executives; our attorneys obtained
dismissal of all claims, with the final claim of breach of contract
being dismissed on summary judgment and resulting in an award of
attorney fees against the plaintiff; the entry of summary judgment in
favor of the company was fully affirmed after oral argument on
appeal);
• Salemi v. Colorado Public Employees’ Retirement Association,
No. 17-1085, 2018 WL 3954221 (10th Cir. Aug. 17, 2018);
• DISH Network L.L.C. v. Ray, 900 F.3d 1240 (10th Cir. 2018);
• Meyers v. DISH Network Services, 2014 WL 3749775 (Colo. App.
July 31, 2014) (a former employee, discharged for failing a drug test, brought
six claims against the employer; our attorneys succeeded in getting all claims
dismissed and obtaining an attorney fees award for the employer, with all relief
affirmed on appeal);
• Geyen v. Level 3 Communications, LLC, 2012 WL 966487 (Colo.
App. Mar. 22, 2012) (a breach of contract case in which the Court found that
the employer’s open door policy does not constitute a contract);
• Watson v. Public Service Co. of Colorado, 2011 WL 1195947
(Colo. App. Mar. 31, 2011) (a wrongful discharge and breach of contract case
in which our attorneys successfully defended the employer on two separate appeals;
the Court found that Colorado’s lawful off-duty conduct statute applies to lawful,
off-duty conduct whether or not work-related);
• DISH Network Corp. v. Altomari, 224 P.3d 362 (Colo. App. 2009)
(a non-compete case in which the Court interpreted and defined the “management
personnel” exception to Colorado’s statute voiding covenants not to compete,
finding in favor of the employer); and
• Barfoot v. Public Service Co. of Colorado, 2010 WL 1784663
(10th Cir, May 5, 2010) (a former employee sued the employer under the Americans
with Disabilities Act and Age Discrimination in Employment Act; the District
Court granted summary judgment in favor of the employer, and the Tenth Circuit affirmed).
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