Case Law Updates
Editor: Jeff Ruebel, Esq., Ruebel & Quillen, LLC
COLORADO SUPREME COURT
Schultz v. GEICO Casualty Company - Supreme Court holds that statutory bad faith evaluation must be based on evidence available to it at the time coverage decision is made - 2018 CO 87 (11/5/28).
COLORADO COURT OF APPEALS
Garrett v. Credit Bureau of Carbon County - Court of Appeals held that language used in collection notice violated least sophisticated consumer test - 2018 COA 150. (CA 10/18/18).
Hernandez v. City and County of Denver - Dismissal of willful and wanton claims in governmental sovereign immunity case. 2018 COA 151 (CA 10/18/18).
People v. Bohl - Court of Appeals holds standard of review for motion for access to juror contact information post-verdict is abuse of discretion - 2018COA152 (CA 11/01/18).
TENTH CIRCUIT COURT OF APPEALS
Allen v. USAA - Tenth Circuit affirms judgement in favor of insurer - No. 17-1282 (10th Cir. 10/29/18).
Beltran v. Interexchange, Inc. - Court reverses ruling that arbitration clause was unenforceable due to unconscionable clause - No. 17-1359 (10th Cir. 10/30/18).
Nesbitt v. FCNH - Tenth Circuit affirms holding that massage therapy students are not employees - No. 17-1084 (10th Cir. 11/9/18).
UNITED STATES DISTRICT COURT - COLORADO
Powell v. Allstate Fire and Casualty - Court denies motion in limine to exclude testimony of 3x the medical expenses as a method of valuing a claim No. 16-cv-0964-WJM-CBS (D. Colo. 4/17/18).
358 Liberation LLC v. Country Mutual Insurance Company - Court enforces settlement - Case No. 15-cv-01758-RM-STV (D. Colo. 3/1/18).
Jennifer Christos V. Halker Consulting, LLC - Court increases FMLA verdict upon equity motion - Civil Action No. 16-cv-01838-PAB-NYW (D. Colo. 11/1/18).
Michelle Stoole v. Metropolitan Property and Casualty Insurance Company - Court holds that inability of Plaintiff to testify as to bad faith does not bar statutory claim - Civil Action No. 17-cv-00613-NYW (D. Colo. 10/10/18).
Patricia N. Borgers v. State Farm Fire and Casualty Company - Court rejects motion to alter scheduling order due to procedural error - Civil Action No. 18-cv-00415-PAB-STV (9/10/18)
Munoz v. Am. Fam. Ins. Co. - Supreme Court holds that prejudgment statute requires a judgment be entered to be entitled to interest - 2018 CO 68 (SC 09/10/18).
Przekurat v. Torres - Actual knowledge required for social host to be liable for injury to underaged guest - 2018 CO 69 (SC 09/10/18).
Lewis v. Taylor - Because there is no guarantee of return on investment, time value of money is not protected from claw back provision of fraudulent transfer act - 2018 CO 76 (SC 09/17/18).
Johnson v. Schonlaw - Permitting alternate to deliberate over objection was harmless error - 2018 CO 73 (09/17/18).
Perfect Place v. Semler - Supreme Court rejects purported subdivision of garage unit due to failure to comply with CCOIA - 2018 CO 74 (SC 09/17/18)
Bewley v. Semler - Attorneys cannot be liable to third party absent fraud - 2018 CO 79 (SC 09/24/18).
Estate of Daniel Brookoff, M.D., v. Clark - Supreme Court holds New Dead Man’s statute is not ambiguous and rejects insurance exception - 2018 CO 80 (09/24/18).
Ybarra v. Greenberg & Sada, P.C. - Subrogation claim is not subject to the Fair Debt Collection Practices Act - 2018 CO 81 (10/15/18).
Hansen v. Barron’s Oilfield Serv. Inc. - Court of Appeals determines that standing to bring wrongful death action is time of the decedent’s death - 2018COA132 (09/06/18).
Bailey v. State Farm Automobile Insurance Company - Excess verdict does not trigger UIM coverage where comfort letter satisfied judgment - 2018COA133 (A 6/18).
Colo. Health Consultants v. City & Cty. of Denver - 2018COA135 (CA 09/06/18).
Arapahoe Cty Sheriff v Cummings - Colorado statute preserves at will employment for deputy sheriffs, but also preserves due process rights - 2018COA136 (CA 09/06/18)
Herrera v. Lerma - Worker’s comp whole person impairment admissible in personal injury case - 2018COA141 (CA 09/20/18).
Digital Landscape v. Media Kings - Court of Appeals adopts broad interpretation of 'arising under' as used in arbitration clause - 2018COA142 (CA 09/20/18).
Andres Trucking v. United Fire - Court of Appeals limits effect of appraisal in reversing judgment in favor of defendant - 2018COA144 (CA 09/20/18).
Acosta v. Foreclosure Connection – Tenth Circuit upholds award against company for violations of FLSA - Docket: 17-4111 (10th Cir. 08/15/18).
Exby-Stolley v. Board of County Commissioners – Tenth Circuit approves ADA instructions in verdict for County - No. 16-1412 (10th Cir. 10/11/18).
Siloam Springs Hotel v. Century Surety Company – In complex jurisdictional case, Tenth Circuit finds insurance policy exclusion ambiguous Docket: 17-6208 (10th Cir. 10/16/18).
Rule 16.1. Simplified Procedure for Civil Actions
Lopez v. City of Grand Junction— Court of Appeals finds GIA waiver for acts of independent contractor performing work for municipality - 2018COA97 (07/12/18).
Does # 1-9 v. Colo. Dep't of Public Health & Environment— Court holds that Colorado Medical Board not subject to Open Meeting Law - 2018COA106 (CA 07/26/18).
Prospect Development Co., Inc. v. Holland & Knight, LLP— Court of Appeals holds no material besides complaint should be considered in Rule 12(b)(5) motion - 2018COA107 (7/26/18).
Forfar v. Walmart— Court of Appeals holds Medicare is collateral source - 2018COA125 – (CA 8/23/18).
Polukoff v. St. Mark's Hospital— Tenth Circuit holds medical certification that procedure is medically necessary is false claim under FCA - Docket: 17-4014 (10th Cir. 7/09/18).
Dish Network v. Ray— Tenth Circuit upholds arbitrator decision that he was authorized to conduct class arbitration under employee arbitration agreement - No. 17-1013 (10th Cir. 2018).
Kuzav v. United Fire & Casualty— USDC finds bad faith claim not ripe until appeal is exhausted - 17-cv-02673 (Arguello) (7/31/18).
Peden v. State Farm Mutual— Evidentiary rulings from Court preclude cooperation defense, reserve information and prejudgment interest - 14-cv-00982 - (Babcock) (7/20/18).
Brookshire Downs HOA v. Owners Insurance Company— USDC finds that contractual statute of limitations is not barred by statute as to an HOA - 17-cv-0871- WJM (Martinez) (7/31/18).
Colorow Health Care, LLC v. Fischer— Supreme Court holds arbitration agreement need only substantially comply with statutory requirements. 2018 CO 52 (SC 06/11/18)
McMullin v. Hauer— Supreme Court finds title documents insufficient to form common interest community under CCIOA - 2018 CO 57 (SC 06/18/18)
Roberts v. Bruce— Frivolous and groundless statute applies only to Colorado actions - 2018 CO 58 (SC 6/18/18)
U.S. Welding, Inc. v. Advanced Circuits, Inc.— Supreme Court holds failure to mitigate does not mean that a party gives up its contract rights 2018 CO 56 (6/18/18)
In re Rains— Court holds only grounds for granting a new trial are those set forth in Rule 59 2018 CO 61 (6/25/18)
In the Matter of James C. Wollrab— Supreme Court interprets ethics rules as they apply to attorney/client business relationships - 2018 CO 64 (6/225/18)
Arline v. American Family Mutual Insurance Co.— Court of Appeals dismisses for benefits post-Calderon as being barred by settlement agreement. 2018 COA 82 (05/31/18)
City of Lafayette v. Town of Erie— Court of Appeals slaps City’s hand for bad faith condemnation - 2018 COA 87 (6/14/18)
Falcon Broadband, Inc., v. Banning Lewis Ranch Metropolitan District No. 1— (6/14/18)
City of Boulder v. ICAO— ALJ not obligated to rank cancer risks in determining statutory rebuttal - 2018COA93 (6/14/18)
Perry v. Durborow— Tenth Circuit finds qualified immunity should have been granted as constitutional right was not clearly established - Docket: 17-5023 (10th Cir. 6/12/18)
Auto-Owners Insurance Company v. Csaszar— Tenth Circuit enforces excluded driver provision of auto policy - No. 17-1075 (10th Cir. 2018)
Colorado Union of Taxpayers Found. v City of Aspen—Supreme Court permits 'bag tax' as exempt from TABOR since its purpose was not to raise revenue for general government purpose 2018SC36 (SC 05/21/18)
State Farm v. Fisher— Supreme Court holds statutory bad faith statute transforms liability UM/UIM coverage - 2018CO39 (SC 05/21/18)
City & Cty. of Denver v. Dennis ex. rel. Heyboer—Supreme Court holds government immunity can be waived for roads which constitute an 'unreasonable risk' - 2018CO37 (SC 05/21/18)
Rooftop Restoration, Inc. v. Am. Family Mut. Ins. Co.—The Supreme Court holds that statutory bad faith claims are not penal for purposes of the one-year statute of limitations that governs penal actions – 2018CO44 (SC 05/29/18)
Guarantee Trust Life Ins. Co. v. Estate of Casper—Supreme Court interprets survivor statute and also finds attorney's fees under bad faith statute are 'actual damages.' - 2018CO43 (SC 05/29/18)
Am. Family Mut. Ins. Co. v. Barriga—2018CO42 (SC 05/29/18)
Mason v. Farm Credit S. Colo., ACA—Amending complaint can result in plaintiff being able to demand jury - 2018 CO 46 (SC 06/04/18)
Renfandt v. New York Life Insurance Company— 2018 CO 49 (SC 06/04/18)
State Farm v. Griggs—Attorney affidavit filed with court did not waive Attorney-Client Privilege— 2018 CO 50 (06/04/18)
State of Colorado v. Robert J. Hopp and Associates, LLC —Billing fraudulent charges found to be violation of consumer protection statute - 2018CA69 (CA 05/17/18)
State of Colorado v. Robert J. Hopp and Associates, LLC —Civil penalty held to be non-dischargeable under bankruptcy code - 2018COA71 (CA 05/17/18)
Bell v. Land Title Guarantee Company — Mere signing of a document does not conclusively start the statute of limitations running on claims arising under document - 2018CA70 (05/17/18)
Arline v. American Family Mut. Ins. Co. — Release bars claims against an insurance carrier for reduced offer under pre-Calderon cases - 2018COA82 (CA 05/31/18)
Evanston Insurance v. Law Office Michael P. Medved — Professional services policy does not provide coverage for claim of overbilling - Docket: 16-1464 (10th Cir. May 22, 2018)
Preferred Professional Insurance Co. v. The Doctors Company - Excess carrier seeking subrogation against primary carrier must plead bad faith - 2018 COA 49 (CA 04/05/18)
Paradine v. Goei Wage claim against CEO was not barred as a matter of law under Wage Claim Act - 2018 COA 55 (4/19/18)
Peña v. American Family Mutual Insurance Co. - Court of Appeals holds that denial of liability does not trigger statutory bad faith provision; and also corrects trial court error on UMPD coverage - 2018 COA 56 (CA 4/19/18)
Franklin Drilling v. Lawrence Construction - Court of Appeals interprets Trust Fund Statute provisions, explaining necessary proof for statutory sections - 2018 COA 59 (CA 4/19/18)
Curry v. Zag Built LLC - Court of Appeals requires district court to provide notice to Plaintiff who does not serve complaint per rule - 18CA0018 (CA 5/3/18)
Hall v. Conoco - Tenth Circuit affirms exclusion of expert testimony and dismissal of case asserting chemical exposure caused cancer - Docket: 17-6086 (10th Cir. 4/10/18)
In Re Bailey v. Hermacinski - Supreme Court finds trial court erred in holding non-party medical providers were in consultation thereby waiving physician-patient privilege - 2018 CO 14 (SC 03/05/18)
Hernandez v. Ray Domenico Farms, Inc. - Supreme Court holds employee must bring wage claim within two years of failure to pay - 2018 CO 15 (03/05/18)
Love v. Klosky - At last, the end of the great tree case…. - 2018 CO 20 (Colo. 3/19/18)
White v. Estate of Soto-Lerma – Court of Appeals hold prejudgment interest is part of policy limit in claim against estate (CA 3/08/18)
Taylor v. Long - Rule 60(b) appeal must be analyzed under 3-part test - 2018COA29 (CA 3/08/18)
In re Marriage of Yates and Humphrey – Receiver must be licensed under marijuana code if appointed by court - 2018COA31 (CA 3/08/18)
Meardon v. Freedom Life Insurance - Court of Appeals invalidates insurance policy arbitration clause - 2018COA32 (CA 3/08/18)
Minshall v. Johnston – Court of Appeals analyzes substitute service rule (CA 3/22/18)
Felders v. Bairett – Rule 68 offer of settlement invalid until civil action actually filed Docket: 16-4173 (10th Cir. 3/9/18)
Auto-Owners Insurance Co. v. Summit Park Townhome Assoc. - 10th Circuit affirms sanctions entered against attorney who failed to comply with disclosure order - No. 16-1348 (10th Cir. 2018)
Auto-Owners v. Summit Park - 10th Circuit holds failure to select impartial appraiser compels vacatur of appraisal award - No. 16-1352 (10th Cir. 2018)
Burton v. Colorado Access & No. and Olivar v. Public Service - Supreme Court enters ruling on service of process on ERISA cases - 2018 CO 11 (2/12/18)
Oakwood Holdings, LLC v. Mortgage Investments Enterprises, LLC - Right to cure under §38-38-302 - 2018 CO 12 (2/12/18)
Romero v. Colo. Dep’t of Human Servs. - Court of Appeals holds that the adverse inference in an administrative hearing is a conclusion of fact - 2018COA2 (CA 01/11/18)
L.J. v. Carricato - Immunity Act bars claims for alleged violation of Child Protection Act - 2018COA3 (CA 01/11/18)
Airth v. Zurich Am. Ins. Co. - Court of Appeals holds enhanced UM/UIM need not be rejected in writing - 2018COA9 (CA 02/08/18)
Montoya v. ICAO - Claimant need not prove both medical incapacity and loss of wages to establish right to workers’ comp benefits - 2018COA19 (CA 02/08/18)
Marso v. Homeowners Realty - Settlement with agent is a setoff against jury verdict against principal (2018COA15CA 02/08/18)
Danko v. Conyers - Court of Appeals holds subsequent malpractice in treating tort injuries is not superseding cause, but instead is governed by Restatement (CA 02/08/18)
Dorsey & Whitney LLP v. RegScan, Inc. - Out of state client hiring law firm in Colorado subjects itself to specific personal jurisdiction - 2018COA21 (CA 02/22/18)
Scott v. Scott - Court reviews dismissal of complaint of civil theft and other causes of action under Warne - 2018COA25 (02/22/18)
Texas Brine Co. v. Occidental Chem. Corp., Tenth Circuit dismisses appeal on discovery as premature - No. 17-6075 (10th Cir. 1/19/2018)
Menocal v. The GEO Group Docket - Tenth Circuit affirms class certification of immigration detainees - 17-1125 (2/9/18)
ACE American Insurance Company v. Dish Network - Tenth Circuit finds Colorado courts would hold that statutory damages under Telephone Consumer Protection Act were not covered - No. 17-1140 (10th Cir. 2018)
United States v. Colorado & Eastern Railroad Co - Tenth Circuit affirms dismissal of claim seeking to end run consent decree - No. 16-1374 (10th Cir. 2018)
Fernandez v. Clean House - Tenth Circuit reinstated FLSA claim alleging willfulness - No. 17-1230 (10th Cir. 3/2/18)
Old Republic Insurance Co. v. Continental Motors - Website access insufficient contact for specific jurisdiction - No. 16-1408 (10th Cir. 2017)
EEOC v. JetStream Ground Services - Tenth Circuit approves of district court’s rulings on sanctions - Docket: 17-1003 (10th Cir. 12/28/17)
United States v. Turley - Tenth Circuit affirms exercise of purchase option - Docket: 16-7090 (10th Cir. 12/28/17)
Van Steen v. Life Insurance Company N.A. - Tenth Circuit reverses ERISA administrator decision on termination - Docket: 16-1405 (10th Cir. 01/02/18)
Hoffman v. 21st Century North American, 209 So. 3d 702 (La. 10/2/15)
Walker v. Ford Motor Company - 2017 CO 102- (SC 11/13/17)
Align v. Boustred - Supreme Court finds jurisdiction over foreign manufacturer under stream of commerce doctrine - 2017 CO 103 - (SC 11/13/17)
Miller v. Hancock - Court of Appeals upholds jury finding of no non-economic damages - 2017COA141 (CA 11/16/17)
Berthold v. ICAO - 2017COA145 (CA 11/16/17)
Elliot v. Ward - Tenth Circuit holds cancellation of stock in bankruptcy proceeding rendered shareholder derivative suit moot - Docket: 16-6014 (11/17/17)
City of Arvada v. Denver Health and 12 Hospital Authority- Statute does not create a private right of action to health provider (SC 10/10/17)
People v. Cockrell - Court of Appeals finds dying declaration statute is constitutional.
HCG Platinum v. Right Way Nutrition - Tenth Circuit reverses order precluding damages at trial as sanction for insufficient description and computation of damages - Docket: 15-4157 (10th Cir. 10/17/17)
Owings v. United of Omaha Life - Tenth Circuit reverses trial court’s ruling on disability benefits decision - Docket: 16-3128 (10th Cir. 10/17/17)
First Western Capital v. Malamed - Tenth Circuit rejects trial court waiver of irreparable harm requirement in trade secret injunction proceeding - Docket: 16-1434 (10th Cir. 10/30/17)
SCO Group v. IBM - Tenth Circuit affirms claims based on finding of no violation of independent duty - Docket: 16-4040 (10th Cir 10/30/17)
Ravenstar, LLC v. One Ski Hill Place, LLC - Contract with liquidated damages does not preclude claim for actual damages (SC 09/11/17)
People v. Clemens - (SC 09/11/17)
Klein v. Tiburon Development LLC - Court of Appeals affirms attorney fee award (CA 08/10/17)
T.D. v. Wiseman - Court of Appeals finds abuse victim was not under a disability as defined by statute (CA 08/10/17)
EnCana Oil & Gas (USA), Inc. v. Miller - Court of Appeals holds district court retained jurisdiction over class settlement for purposes of enforcing terms (CA 08/10/17)
Ruybalid v. Board of County Commissioners - Court of Appeals affirms holding that rogue DA not entitled to attorney’s fees from county (CA 08/24/17)
People v. Stanley - Court of Appeals rules on interplay of liability recovery and restitution (CA 09/07/17)
Dahn v. Amedei - Docket: 16-1059 - (10th Cir. 8/14/17)
Becker v. Ute Indian Tribe - Court of Appeals rules on tribal-exhaustion rule Docket: 16-4175 (10th Cir. 8/25/17)
Ute Indian Tribe of the Uintah v. Lawrence - Tenth Circuit denies tribe claims of lack of jurisdiction in federal court Docket: 16-4154 (10th Cir. 8/25/17)
T.D. v. Patton - Tenth Circuit denies qualified immunity in danger creation custody case Docket: 16-1092 (10th Cir. 8/28/17)
Healy v. Cox Communications - Court holds set-top-cable boxes are not an illegal restraint of trade No. 15-6218 (10th Cir. 2017)
Oldham v. O.K. Farms - Tenth Circuit reverses trial court’s sua sponte summary judgment ruling Docket: 16-7069 (10th Cir. 9/25/17)
N.M. v. Trujillo- Lacking a special relationship, Supreme Court finds nonfeasance did not create a duty on dog owner (SC 06/26/17)
Mesa County Public Library District v. Industrial Claim Appeals Office - Unemployment administrative proceeding is not authorized to determine cause of claimant’s volitional act (SC 06/26/17)
Hutchison v. Industrial Claim Appeals Office - Court holds that facts of case did not support apportionment in worker’s compensation case. (CA 06/01/17)
Scott R. Larson, P.C. v. Grinnan - Court of Appeals defines ethical duty required of referring attorney to justify fee split (CA 6/15/17)
Sovde v. Scott, D.O. - Court affirms trial court decision to deny request to permit calling expert due to failure to cross-endorse (CA 6/29/17)
Pacitto, Jr. v. Prignano - Court of Appeals strictly enforces 90-day appeal deadline in Arbitration Act (CA 0727/17)
Owners Insurance Co. v. Dakota Station II Condominium Association, Inc. - Court of Appeals determines appraisal was impartial per policy terms despite evidence of improper conduct (CA 0727/17)
Varsity Tutors LLC v. Industrial Claim Appeals Office - Court of Appeals determines part-time tutors were independent contractors, not employees (CA 0727/17)
Ross v. University of Tulsa - Tenth Circuit affirms dismissal of Title IX complaint - No. 16-5053 (10th Cir. 6/20/17)
Parker Excavating v. LaFarge West - Tenth Circuit affirms summary judgement on 1981 claims Docket: 16-1225 (10th Cir. 07/18/17)
Foster v. Plock- Supreme Court holds mutuality required to prove claim and issue preclusion (SC 05/15/17)
In re Villas at Highland Park Homeowners Ass’n v. Villas at Highland Park, LLC - Court defines disqualification requirements under ethics rules (SC 05/22/17)
St. Vrain Valley School District RE-1J v. Loveland - Supreme Court holds zip-line on playground does not waive governmental immunity (SC 05/22/17)
England v. Amerigas Propane-Supreme Court holds future claims of injury can be re-opened under work compensation settlement release because of mutual mistake (SC 05/22/17)
State Farm Mutual Automobile Insurance Co. v. Johnson - Supreme Court holds one named insured can reject UM/UIM coverage for all insureds (SC 06/06/17)
Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc. - Developer can retain provisions in covenants requiring arbitration of construction defects (SC 06/06/17)
People v. Heisler - Court of Appeals affirms evidentiary authentication of text messages (CA 05/04/17)
Cox v. Sage Hospitality Resources, LLC - Court of Appeals reverses dismissal for forum non conveniens (CA 05/04/17)
Taylor Morrison of Colorado, Inc., f/k/a Morrison Homes of Colorado, Inc., Plaintiff-Appellant and Cross-Appellee, v. Terracon Consultants, Inc. - Court of Appeals holds how set-off and damage limitation calculation should be performed (CA 05/18/17)
Pueblo County v. Industrial Claim Appeals Office - Union official post-meeting slip and fall found compensable under worker’s compensation law (CA 05/18/17)
Sanchez v. Industrial Claim Appeals Office - Court of Appeals rejects constitutional challenges to worker’s compensation law (CA 05/18/17)
Tallman Gulch Metropolitan District v. Natureview Development, LLC. - Court of Appeals holds that GIA does not on its face prevent governmental entity claims against officers for breach of fiduciary duty (CA 05/18/17)
American Family Mutual Insurance Company v. Ashour - Court of Appeals holds UIM coverage available in case where injured party receives worker’s compensation benefits (CA 05/18/17)
Jacks v. CMH Homes - 10th Cir. denies motion to compel arbitration against non-signatory family members [Docket: 15-6197] (10th Cir. 05/17/17)
Public Service Company of NM v. Barboan - 10th Circuit affirms refusal to condemn tribal lands [Docket: 16-2050] (05/26/17)
JPMorgan Chase Bank N.A. v. McClure - Supreme Court finds membership in Colorado LLC is located in Colorado (SC 04/10/17)
Clean Energy Collective, LLC v. Borrego Solar Systems, Inc. - Supreme Court again discusses general and specific jurisdiction over a corporate entity (SC 04/17/17)
Forest City Stapleton Inc. v. Rogers - Privity is necessary for implied warranty claim (SC 04/17/17)
McShane v. Stirling Ranch Property Owners Association, Inc. - Court finds that exculpatory clause does not preclude claims against entity not designated in clause (SC 05/01/17)
People v. Valdez - Court of Appeals finds no abuse of discretion in permitting actual video replays during deliberation (CA 04/06/17)
Allison v. Engel - Court of Appeals finds no jurisdiction under Rule 54(b) (CA 04/06/17)
International Network, Inc. v. Woodard - Court affirms verdict against broker where seller acted improperly (CA 04/06/17)
In re Marriage of Roth - Death of arbitrator before conclusion of proceedings requires appointment of new arbitrator (CA 04/06/17)
Malpica-Cue v. Fangmeier - Jury mistake requires evidentiary hearing (CA 04/06/17)
Dolan v. Fire and Police Pension Ass’n - Challenge to regulations found time-barred (CA 04/13/17)
Cox v. Sage Hospitality Resources, LLC. - Trial court erred in dismissing suit for forum non-conveniens (CA 05/04/17)
Pompeo v. Board of Regents - 10th Circuit affirms right of college to restrict inflammatory speech Docket: 15-2179 (10th Cir. 03/28/17)
People for Ethical Treatment v. U.S. Fish & Wildlife - Tenth Circuit affirms regulation as proper in challenge from property owners - Docket: 14-4151 (10th Cir. 03/29/17)
In re Goodman v. Heritage Builders, Inc. - Supreme Court decides that 90-day provision of CDARA trumps all other statutory provisions (SC 02/27/17, modified 3/20/17)
Nibert v. Geico Casualty Co. - Court of Appeals vigorously applies 1116 in favor of insured. (CA 02/23/17)
Francis v. Aspen Mountain Condominium Ass’n, Inc. - CCIOA held not to apply retrospectively (CA 02/23/17)
Bermel v. BlueRadios, Inc. - Economic Loss rule does not apply to statutory civil theft claims (CA 02/23/17)
Dami Hospitality, LLC v. Industrial Claim Appeals Office - Fine under worker’s compensation found unconstitutionally applied (CA 02/23/17)
Munoz v. American Family Mutual Insurance Co. - Court of Appeals holds UM civil action must be brought to receive prejudgment interest (CA 02/23/17)
Sterling Ethanol, LLC v. Colorado Air Quality Control Commission - Court of Appeals reverses trial court and dismisses untimely filing (CA 02/23/17)
Pressey ex rel. Pressey v. Children’s Hospital Colorado - The Court reviews significant damages issues in medical malpractice case (CA 03/09/17)
City of Lakewood v. Safety National Casualty Corp. - Court of Appeals finds no coverage for §1983 claims under GL policy (CA 03/09/17)
Broomfield Senior Living Owner, LLC v. R.G. Brinkmann Co. - Court of Appeals gives owner more time to file complaint than it asked for in its contract (CA 03/09/17)
Gallegos v. LeHouillier - Court of Appeals attorney in malpractice action must prove that judgment in underlying case would have been uncollectible. (CA 03/23/17)
Tancrede v. Freund - Court of Appeals holds that only tort claim available on private property, including auto accident, is PLA (CA 03/23/17)
Philadelphia Indemnity Ins. Co. v. Lexington Ins. Co. - Declaratory action between carriers to determine indemnity of shared loss made by Court (10th Cir. 01/19/17)
Gerald H. Phipps, Inc. v. Travelers Property Casualty Company - Tenth Circuit affirms no coverage under builder’s risk policy since there was no claim of loss to covered property (10th Cir. 2/16/17) No. 16-1039 [Note this is a Rule 32.1 case]
Flores-Molina v. Sessions - Giving false information found to be crime of moral turpitude permitting removal of immigrant - Docket: 16-9516 (3/07/17)
Romero v. Top-Tier Colorado - Court held that trial court must initially make determination whether tips were wages in determining wage claim - Docket: 16-1057 (10th Cir. 3/07/17)
Stanley v. Gallegos - Tenth Circuit defines inquiry trial court is to make in determining qualified immunity - Docket: 15-2156 (10th Cir. 03/17/17)
In re Marriage of Gromicko- Supreme Court instructs trial court as to managing discovery (SC 01/09/17)
Kovac v. Farmers Insurance Exchange - Court of Appeals holds ‘received payment’ statutory language means date of release of claims (CA 01/12/17)
Smith v. State Farm Mutual Automobile Insurance Co. - Court of Appeals finds tractor is motor vehicle under UIM policy (CA 01/12/17)
Begley v. Ireson - Court of Appeals reverses dismissal of tortious interference with contract case (CA 01/12/17)
Steven Fritzler, v. Cheryl Mitchell - Court of Appeals holds award of video deposition and privately hired court reporters for trial are discretionary (CA 01/12/17)
Lewis v. Taylor - Innocent investor in Ponzi scheme maybe entitled to keep some of the funds exceeding the principal (CA 02/09/17)
Active Release Techniques, LLC v. Xtomic, LLC - Court of Appeals reverses abuse of process verdict in trade secret case (CA 02/09/17)
Martinez v. American Family Mutual Insurance Co. - Court of Appeals holds precipitation that falls and flows into window wells is surface water (CA 02/09/17)
In re: Hayes Family Trust - Payment of appraisal before entering judgment is settlement and no judgment should enter. Docket: 15-6164 (10th Cir. 01/04/17)
Belnap v. Iasis Healthcare - Tenth Circuit enforces arbitration agreement, albeit reluctantly Docket: 15-4010 (10th Cir. 01/05/17)
DeWitt v. Southwestern Bell Telephone - Docket: 14-3192 (10th Cir. 01/18/17)
Perez v. El Tequila, LLC - Don’t mess with the Division of Labor - Docket: 16-5002 (10th Cir. 02/07/17)
Colorado Defense Lawyers Association 2019 TRIAL ACADEMY
February 21, 2019, 8:00 AM
2019 Annual Conference - Beaver Creek CO Sunday - Tuesday
July 28, 2019, 5:00 PM