Former ski instructor Mulcahy hires lawyer in old case against Skico | AspenTimes.com

Former ski instructor Mulcahy hires lawyer in old case against Skico

Nearly three years after filing a lawsuit against Aspen Skiing Co. for allegedly violating his rights to free speech, former ski instructor Lee Mulcahy has hired a prominent law firm to press his case, according to recent court filing.

Mulcahy is now being represented by Haddon, Morgan and Foreman, a prominent Denver law firm in criminal defense and civil law. The firm represented pro basketball star Kobe Bryant in a sexual-assault case that was dismissed in Eagle County. Hal Haddon, a partner in the firm, often represented Hunter S. Thompson in various criminal court cases.

Mulcahy had been representing himself until recently, and the case has been dragging. But a status report filed March 6 said the attorneys for Skico and Mulcahy had reached dispositions on four pending motions. Mulcahy has withdrawn his motion to video-record a trial in the case, the status report said.

Mulcahy’s attorney, Ty Gee, also wrote in the report that he intends to undertake a due diligence legal and factual analysis of this case and “submit a new motion to amend the complaint. Based on what plaintiff’s counsel knows at this point, he does not expect the amended complaint will change substantively the factual grievances articulated in the complaint.”

Mulcahy was one of Skico’s top ski instructors during the 2000s and served in an exclusive club called the “Diamond Pros.” He had a falling out with Skico officials and was fired Jan. 27, 2011. Mulcahy alleges in the lawsuit he was fired because he urged ski instructors to start a union. Skico said he was fired for performance issues and violating company policies.

Skico banned Mulcahy from entering its restaurants, hotels and other properties as well as the ski area lands that it owns or leases from the federal government.

In the lawsuit Mulcahy filed on his own behalf, he claimed that the Skico ban unconstitutionally burdens his rights of expression. He wants the ban to be declared void and Skico prohibited from enforcing it. He seeks reimbursement of legal fees and the cost of the lawsuit plus $1 in punitive damages “as are determined by the enlightened conscience of an impartial jury.”

The status report filed by Gee said the motion for declaratory judgment would be withdrawn. Gee wrote that he intends to file a motion by March 20 to amend the complaint.


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