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Case Law Updates

Editor: Jeff Ruebel, Esq., Ruebel & Quillen, LLC

2020

Colorado Supreme Court

No cases of note.

Colorado Court of Appeals

Suydam v LFI Fort Pierce - "Going and coming" rule was discussed; realignment of parties during trial - (CA 10/08/20).

Smith v. Surgery Center at Lone Tree, LLC - Corporate practice of medicine doctrine results in reversal of judgment - 2020 COA 145 (CA 10/15/20).

State Farm Mutual Auto Insurance Co. v. Steul - Court of Appeals sets some limits on service deadlines and finds no automatic extension under substituted service statute - 2020 COA 146 (CA 10/15/20)

Trudgian v. LM General Insurance Co. Motor Vehicle Registration Fees - Registration fees are element of damages in total loss claim - 2020 COA 147 (CA 10/15/20).

Tenth Circuit Court of Appeals

Aubrey v. Koppes - Court of Appeals reverses ADA claim of county employee - Docket: 19-1153 (10th Cir. 10/18/20).

Speidell v. United States - Court rejects marijuana company's objections to IRS subpoenas - Docket: 19-1214 (10th Cir. 10/20/20).

Other cases of interest

Scottsdale Insurance Co. v. United Rentals, Inc. - First Circuit holds tortfeasor's policy is obligated to indemnify rental company - Docket: 18-1588 (1st Cir. 10/2/20).

Colorado Supreme Court

Gonzales v. People - Absent evidence of fabrication, voice recording may be authenticated by lay witness - 2020 CO 71 (9/14/20).

Colorado Court of Appeals

People v. Johnson - Abatement of restitution - 2020COA124 (CA 8/20/20).

Trujillo v. Vail Clinic - Court of Appeals reverses trial court and allows expert testimony on questionable theory to go to jury - 2020COA126 (CA 8/20/20).

SkyWest v. ICAO - Bad facts make bad law holding - 2020COA131 (8/27/20).

Welch v. Colorado State Bd. of Plumbing - 2020COA13(CA 8/27/20).

Morris v. ICAO - DIME finding can be challenged by employer - 2020COA129 (CA 8/27/20).

Bilderback v. McNabb - Trial court must utilize Trinity procedures including hearing, to resolve factual issues applicable to immunity - 2020 COA 133 (CA 9/3/20).

Woo v. El Paso County Sheriff's Office - GIA bars replevin actions by persons convicted of crimes - 2020C0A134 (CA 9/10/20).

People v. Black - Court of Appeals instructs trial courts to inquire about deadlock before giving instructing to continue deliberations - 2020COA136A (9/17/20).

Tenth Circuit Court of Appeals

Sinclair Wyoming v. Infrassure – Court finds affirms arbitration award where no actionable misconduct shown - (10th Cir. 8/17/20).

Quintana v. Santa Fe County Board of Comm. – 10th Circuit reverses district court rulings on 1983 and municipal liability - Docket: 19-2039 (10th Cir. 8/28/20).

McDaniel v. Navient Solutions – 10th Cir. Holds student loans not excepted from discharge in bankruptcy section - Docket: 18-1445 (10th Cir. 8/31/20).

McCraw v. City of Oklahoma City – 10th Cir. Holds ban on activities on medians was unconstitutional - Docket: 19-6008 (10th Cir 8/31/20).

Emmett v. Armstrong – Timely holding from 10th Cir about resisting, tasing and training of officers - Docket: 18-8078 (10th Ci. 9/1/20).

Fedor v. United Healthcare – Confirming arbitration agreement condition precedent to compelling arbitration - 19-2066 (9/16/20).

Other jurisdictions

MSP Recovery Claims, Series LLC v. Ace American Insurance Co. – Medicare claims by debt collectors found permissible - Eleventh Circuit Dockets: 18-12139, 18-12149, 18-13049, 18-13312 (9/4/20).

AXIS Reinsurance Co. v. Northrop Grumman – 9th Circuit holds excess carrier has no action for improperly eroding policy limits absent showing of fraud or bad faith - Ninth Circuit (9/14//20).

Colorado Supreme Court

Future Case Announcements

The next case announcements will be on Monday, August 17, 2020.

Colorado Court of Appeals

People v. Newman - Court of Appeals addresses how trial court should address allegation of lawyer juror improperly provided prejudicial information. 2020 COA 108 (CA 7/23/20).

People v. McBride - Failure to use turn signal in roundabout is not a traffic infraction. 2020 COA 111 (CA 7/23/20).

Wilson v. Advisorlaw LLC - Court rejects procedural maneuver to circumvent appellate rules - 2020COA122 (8/13/20).

Tenth Circuit Court of Appeals

Stokes v. United States - Court remands for calculation of damages per FTCA - Docket: 19-7034 (10th Cir. 7/29/20).

Jody Blatchley v. St. Anthony Summit Medical Center - Court remands due to error in denying designation of non-party after settlement - No. 18-1231 (10th Cir. 8/17/20).

Frappied v Affinity Gaming - 10th Circuit dismisses Title VII disparate treatment claim in sex-plus-age case. 19-1063 (10th Cir. 7/21/20).

Bethel v. Berkshire Hathaway Homestate Ins. - Finding 'actual cash value' was an ambiguous term, Court remands for specific determination; affirms summary judgment on debris coverage - No. 19-1262 (10th Cir. 8/10/20).

Colorado Supreme Court

Forest View Co. v. Town of Monument - Supreme Court holds restrictive covenant not compensable property interest - 2020 CO 52 (SC 6/8/20).

Rocky Mountain Planned Parenthood, Inc. v. Wagner - Court finds that facility could be found to have been a contributing cause of injuries sustained by patrons in an active shooter incident - 2020 CO 51 (SC 6/8/20).

Garcia v. Colorado Cab Co. - Court defines rescue doctrine requirements - 2020 CO 55 (SC 06/15/20).

Rocky Mountain Gun Owners v. Polis - Limiting large capacity magazines is a reasonable exercise of police power - 2020 CO 66 (6/15/20).

Colorado Court of Appeals

Guy, T v. Whitsitt - Court of Appeals holds that general notice of executive session is insufficient under statute - 2020COA93

Bocian v. Owners Ins. Co. - 2020C0A98 (CA 6/18/20).

Boyle v. Bristol West Insurance Co. Insurance – Road rage incident not 'use' of vehicle for UIM coverage - 2020 COA 102 (CA 07/02/20).

Warembourg v. Excel Elec., Inc. - Court of Appeals affirms spoliation sanction - 2020COA103 (CA 7/9/20).

Bernache v. Brown - Statute does not permit admission of hearsay statement in police report in contravention of evidence rule - 2020COA106 (CA 7/9/20).

Tenth Circuit Court of Appeals

Hinkle v. Beckham County Board of County – Tragic facts were insufficient to create cause of action against sheriff except for body-cavity strip search - Docket: 18-6202 - (10th Cir. 6/22/20)

Colorado Supreme Court

Destination Maternity v. Burren - S Ct finds ALJ has authority to determine MMI status as question of fact - 2020 CO 41 (SC 5/18/20).

People in Interest of R.D. - Supreme Court weighs in on protected speech - 2020 CO 44 (SC 06/01/20).

Colorado Court of Appeals

Gieck v. Governor's Office of Information Technology - 2020COA81 (CA 5/21/20)

Grenillo v. Estate of Joel Hansen - Revival statute does not apply where defendant not named in dismissed civil action - 2020COA82 (CA 5/21/20)

Centura Health Corp v French - 'All charges' held not ambiguous - 2020C0A85 (CA 5/28/20)

Johnson-Linzy v. Conifer Care Communities - Arbitration agreement still enforceable notwithstanding arbitral forum no longer in business - 2020COA88 (CA 5/28/20)

Chan v. HEI Resources - Division of Court of Appeals disagrees with another division on where standards to use in determining whether partnership was security - 2020COA87 (CA 6/04/20)

Tenth Circuit Court of Appeals

Aptive Environmental v. Town of Castle Rock - Tenth circuit says Castle Rock door-to-door curfew violated First Amendment - Docket: 18-1166 (10th Cir. 5/15/20).

Couser v. Gay - State sheriff's department are not state entities for purposes of §1983 claim - Docket: 19-3088 (10th Cir. 5/22/20).

In re: MDL 2700 Genentech - Tenth Circuit finds medical products case under state law not preempted by federal law - Docket: 19-5035 (10th Cir. 5/29/20).

Rocky Mountain Presstress v. Liberty Mutual Fire Insurance Docket: 19-1169 (10th Cir. 6/2/20).

Colorado Supreme Court

In Re: Interrogatory on House Joint Resolution 20-1006 - 120 calendar days is ambiguous - 2020 CO 23 (SC 04/01/20).

Colorado Court of Appeals

Namaste Judgment Enforcement, LLC v. King - Failure to obtain personal service on substituted service voids judgment - 2020 COA 43. (CA 03/19/20).

Carbajal v. Wells Fargo - Discovery abuses are not fraud for purposes of Rule 60 motion - 2020COA49 (CA 3/26/20).

Board v. Colorado Department of Public Health and Environment - State environmental action not barred under GIA - 2020COA50

Better Baked, LLC v. GJG Property, LLC - 2020COA51 (CA 3/26/20).

HCA-HealthONE v. Colo. Dept. of Labor and Employment - Mealtime is compensable unless uninterrupted - 2020COA52 (CA 3/26/20).

Martinez v. LHM Corporation - Attorney's fees under CCPA held akin to damages for purpose of appeal time - 2020COA53 (CA 3/26/20).

Western Stone & Metal Corp. v. DIG HP1, LLC - Court holds that definition of prevailing party in contract supersedes common law definition - 2020COA58 (04/02/20).

Credit Service Co. v. Skivington - Denial of 12(b)(5) motion is not appealable after judgment is entered - 2020COA60 (CA 04/02/20).

Adoption of J.D. - Court finds Indian Child Act does not apply - 2020COA66 (CA 04/09/20).

People v. McDonald - Colorado Organized Crime Control Act - Enterprise differs from Enterprise in RICO statute - 2020COA65 (CA 04/09/20).

(Various) in re Appraisal v. Anschutz Corp - Court rejects Apex Doctrine - 2020COA67 (CA 4/09/20).

Tenth Circuit Court of Appeal

Strauss v. Angie's List - Court dismisses Lanham Act claim against Angie's List - Docket: 19-3025 (10th Cir. 3/9/20).

Doe v. University of Denver - Summary judgment affirmed on DU student claims against Defendant - Docket: 18-1162 (10th Cir. 3/09/20).

Sandoval v. UNUM Life Insurance - Disagreement with treating physician does not make investigation unreasonable - Docket: 19-1047 (10th Cir. 3/17/20).

Little v. Budd Company - Failure to raise preemption claim at trial waives argument on appeal - Docket: 19-3014 (10th Cir. 4/3/20).

Colorado Supreme Court

In re Chessin v. Office of Attorney Regulation Counsel - District Court has no jurisdiction over attorney regulation - 2020 CO 9 (SC 02/10/20).

Gale v. City & County of Denver - 2020 CO 17 (SC 03/02/20).

Colorado Court of Appeals

Kroesen v. Shenandoah Homeowners Ass\'n - Court addresses requirement for easement under CCOIA - 2020COA31 (CA 02/20/20).

In Re Interest of Howard - Hearing required to remove or modify authority of guardian - 2020COA32 (CA 02/20/20).

Garcia v. Centura Health Corporation - Court of Appeals enters contrary decision to another division - 2020COA38 (CA 03/05/20).

Tenth Circuit Court of Appeals

Carolina Casualty Ins. Co. v. Burlington Ins. Co. - Tenth Circuit holds that policy Docket: 18-8071 (10th Cir. 02/27/20).

Colorado Supreme Court

In re Marriage of Durie - Court emphasizes Rule 7(b) requirements of civil motion practice - 2020 CO 7 (01/27/20).

In re Rademacher v. Greschler - Court reverses waiver finding of district court in legal malpractice claim. 2020 CO 4 (SC 01/13/20).

Court of Appeals

Spiremedia Inc. v. Wozniak - Court of Appeals holds failure to provide affidavit of counsel warrants denial of default judgment motion, but trial court must explain denial. 2020 COA 10 (CA 01/16/20).

Pella Windows & Doors, Inc. v. Industrial Claim Appeals Office - Court of Appeals holds Softrock to be considered in determining employment relationship and is reviewable only for determining if supported by evidence - 2020 COA 9. (CA 01/16/20).

Igou v. Bank of America, N.A. - Court of Appeals holds claim of foreclosure accrues when acceleration date arrives - 2020COA15 (CA 01/30/20).

Harvey v. Centura - No duty to submit bills to Medicare prior to claiming hospital lien - 2020COA18 (CA 01/30/20).

DIA Brewing, LLC v. MCE-DIA, LLC - Dismissal without prejudice is not a final judgement - 2020COA21 (2/16/20).

Ruiz v. Chappell - Different division of Court of Appeals permits amending complaint after SOL has run if defendant knew 'but for error' defendant would have been named - 2020COA22 (CA 2/6/20).

Tenth Circuit Court of Appeals

Murphy-Sims v. Owners Insurance Company - Court affirms defense verdict on Nunn litigation - No. 18-1392 (10th Cir. 2020).

Dental Dynamics v. Jolly Dental Group - Court finds insufficient contacts to establish specific jurisdiction in business dispute - No. 18-6107

Frost v. ADT - Court affirms suit limitation provision in security monitoring suit - No. 18-3259 (10th Cir. 2020).

Chavez v. Arizona Automobile Ins. Co. - Court affirms dismissal of suit due to failure to plausibly allege coverage - No. 18-1473 (10th Cir. 2020).

Hill v. Warsewa - Court reverses dismissal of fisherman's claim of right to his spot in the Arkansas River - Docket: 19-1025 (10th Cir. 01/23/20).

Ezell v. BNSF Railway Company - Tenth Circuit holds that evidence of safer alternatives does not prove negligence - Docket: 19-6018 (10th Cir. 2/05/20).

2019

Colorado Court of Appeals

M & A Acquisition Corp. v. ICAO - Court rejects ICAO panel statutory interpretation 2019COA173 (11/21/19).

Sharon v. SCC Pueblo - Reversal of judgment nullifies award under survival statute - 2019COA178 (CA 12/05/19).

Andrews v. Miller - Court of Appeals holds that parties must consent to magistrate jurisdiction over motion to dismiss - 2019COA185.

People v. Gregory - 2019 COA 184.

Gunderson v. Weidner Holdings, LLC - Court of Appeals holds promissory notes are governed by UCC statute of limitations, not general limitation period - 2019COA186 (CA 12/15/19).

People in Interest of Z.M. - Court of Appeals interprets 'material' in rule requiring material documents to be filed on appeal - 2020COA3 (01/02/20).

Tenth Circuit Court of Appeals

Shotts v. GEICO - Docket: 18-6206 (10th Cir. 12/2/19).

Barnes v. Security Life of Denver - No. 18-1487 (10th Cir. 12/23/19).

Mountain Dudes v. Split Rock Holdings - Tenth Circuit holds it was error for district court to enter judgment as a matter of law after jury was deadlocked - Docket: 18-4049 (10th Cir. 12/27/19).

McCowan v. Morales - Police officer denies qualified immunity - Docket: 18-2169 (12/27/19).

Colorado Supreme Court - Docs and Pot!

Doe v. Colorado Department of Public Health and Environment - 2019 CO 92 - (SC 11/12/19)

Colorado Medical Board v. McLaughlin - 2019 CO 93 (11/12/19)

Boland v. Colorado Medical Board - 2019 CO 94 (11/12/19)

Colorado Court of Appeals

Nesbitt v. Scott - Claim for fees does not required submission of fee agreement - 2019COA154A (10/10/19)

Peoples v. ICAO - Listing of overpayment on worker's comp admission of liability does not constitute 'attempt to recover' - 2019COA158 (CA 10/17/19)

State of Colorado v. 5 Star Feedlot - Court holds statute requires knowing or voluntary act to be found to have violated taking statute - 2019COA162 (CA 10/24/19)

Kim v. Murray - Court finds trial court erroneously set aside dismissal under Rule 60(b). - 2019COA163 (CA 10/24/19)

People v. Baker - Court erred in permitting certain testimony by expert which was within jury's province - 2019COA165 (CA 11/07/19)

Williams v. Elder - Court of appeals approves retaliation claim viability under GIA - 2019COA172 (CA 11/14/19)

Duke v. Gunnison County - Court holds heirs cannot sue jail for wrongful death, but disregard of specific danger may constitute willful conduct exempting the employee from immunity - 2019COA170 (11/14/19)

Morley v. United States Automobile Association - Water leaking from damaged roof is not 'surface water' under all-risk policy - 2019COA169 (11/14/19)

Tenth Circuit Court of Appeals

Tesone v. Empire Marketing Strategies - 10th Circuit finds question on fact on ADA claim - Docket: 19-1026 (10th Cir. 11/8/19)

United States v. Hammers - Docket: 18-7051 (10th Cir. 11/12/19)

COLORADO SUPREME COURT

The Luskin Daughters 1996 Trust v. Young - Court holds that rights must be determined before interference with right can be subject to declaratory action - 2019 CO 74 (SC 09/09/19).

COLORADO COURT OF APPEALS

Burger Inv. Family Ltd. Partnership v. City of Littleton - Court holds municipal court jurisdiction limited to criminal matters - 2019COA127 (CA 8/22/19).

Avicanna Inc. v. Mewhinney - Waiver of forum selection clause dependent on who benefits - 2019COA129 (CA 8/22/19).

LB Rose Ranch v. Hansen Construction - Court of Appeals holds that settlement of common liability results in second tortfeasor being liable to settling tortfeasor - 2019COA141 (CA 09/05/19).

Kissinger & Fellman, PC v. Affiniti Colorado, LLC - Court holds attorney-client privilege can survive dissolution of corporation under certain circumstances - 2019COA147 (9/12/19)

TENTH CIRCUIT COURT OF APPEALS

United States v. Williams - Lying about service is material to award of benefits - Docket: 18-1080 (10th Cir. 8/20/19).

Semple v. Griswold - Finding Amendment 71 was unconstitutional reversed - Docket: 18-1123 (10th Cir. 8/20/19).

Hasan v. AIG Property - Purchase under Ponzi scheme not covered by insurance policy - Docket: 18-1309 (10th Cir. 8/27/19).

C5 Medical Werks v. Ceramtec GMBH - Tenth Circuit finds error in finding of sufficient contacts to exercise jurisdiction - Docket: 17-1173 (10th Cir. 9/11/19).

Kenney v. Helix TCS - Tenth Circuit holds that Controlled Substance Act does not repeal FLSA protections of employees - Docket: 18-1105 (10th Cir. 9/20/19).

U.S. DISTRICT COURT - COLORADO

Atlas Biologicals, Inc. v. Kutrubes - District Court enters injunction in trade secret case - 2015 WL 996368 (D. Col. Mar. 3, 2015).

COLORADO SUPREME COURT

Owners Ins. v. Dakota Station II Condo. Ass'n - Supreme Court interprets 'impartial appraiser' - 2019 CO 65. (SC 06/26/19).

Santich v. VCG Holding Corp. - Court holds that equitable estoppel can apply to arbitration agreements - 2019 CO 67

Garcia v. People - Using model jury instruction don't avoid error - 2019 CO 64

COLORADO COURT OF APPEALS

Martinez v. CSG Redevelopment - Control and public purpose are determinative of whether an entity is an instrumentality under CGIA - 2019COA91 (CA 06/20/19).

Amir Massihzadeh v. Tom Seaver and the Colorado State Lottery Division - 2019COA92 (CA 06/20/19).

Ferguson v. Spalding Rehabilitation - Adult adoptee is descendant under Wrongful Death statute - 2019COA93 (CA 06/20/19).

Baum v. Industrial Claim Appeals Office - Worker's comp decision I don't fully understand - 2019COA94 (CA 06/20/19).

Sedgwick Props. Dev. Corp. v. Hinds - Court of Appeals holds piercing the veil for LLC requires different analysis corporate analysis - 2019COA102 (Colo. App. 07/03/19).

23 LTD v. Herman - Trial courts not obligated to blue line contracts, notwithstanding provisions in contract to that effect - 2019 COA 113

SG Interests I, Ltd. v. Kolbenschlag - Court of Appeals affirms trial court handling of defamation suit for publishing settlement agreement interpretation - 2019 COA 115.

Ferraro v. Frias Drywall, LLC - Court holds that trial court may reconsider default on liability before entering default judgment and also finds no asbestos inspection duty on selling homeowner - 2019COA123.

Filatov v. Turnage - Court of Appeals determines how to count days and when counting starts in exercising right of first refusal - 2019COA120

Blakesley v. BNSF Railway Company - Jobsite authority gives rise to duty to give proper jobsite safety instructions - 2019COA119.

TENTH CIRCUIT COURT OF APPEALS

Waller v. City and County of Denver - Court affirms Rule 12 dismissal, rejecting arguments that allegations of complaint could support liability of City - Docket: 17-1234 (10th Cir. August 5, 2019).

COLORADO SUPREME COURT

Colo. Custom Maid v. ICAO & Div. of Unemp't Ins. - Supreme Court finds service is employer of house cleaners - 2019 CO 43 (5/28/19).

Klun v. Klun - Court holds claim for breach of settlement terms is an action to enforce agreement, entitling party to attorney's fees - 2019 CO 46 (06/03/19).

Colorado Department of Labor and Employment v. Dami Hospitality, LLC. - Eighth Amendment protection against 'excessive fines' applies to civil fines - 2019 CO 47 (06/03/10).

Carousel Farms v. Woodcrest Homes - Taking claims are mixed issues of law and fact - 2019 CO 51 (6/10/19).

In re N.A. Rugby Union v. U.S. Rugby Football Union - Court adopts majority position regarding enforcing arbitration where party is not signatory to agreement - 2019 CO 56 (SC 06/17/19).

COLORADO COURT OF APPEALS

West Colo. Motors v. General Motors - Revival statute is cannot revive a nonjusticiable claim - 2019COA77 (CA 5/16/19).

Scholle v. Delta Air Lines, Inc. - Court finds billed amount above work comp scheduled fee is collateral source - 2019 COA 81 (CA 5/23/19).

People v. Dominguez - Lay witness testimony based on training and experience is improper expert testimony - 2019 COA 78 (CA 05/23/19).

Ryser v. Shelter Mutual Insurance - Claimant not entitled to UM/UIM benefits arising out of accident resulting from co-defendant's negligence 2019COA88 (6/13/19).

TENTH CIRCUIT COURT OF APPEALS

Patterson v. PowderMonarch - Skier injuries barred by exculpatory agreement on ski lift ticket - 18-1008 (10th Cir. 6/10/19).

U.S. DISTRICT COURT - COLORADO

Harris v. The Kroger Company - Summary judgment issued on promissory estoppel claim - 18-cv-01149 (U.S. D. Colo. 5/23/19).

Huber v. Granby Realty Holdings - Court grants forum non-conveniens argument in ski liability case - 17-cv-03024 (U.S.D. Colo. 5/30/10).

Gates Corporation v. CRP Industries - Court finds attorney-client privilege vitiates attorney-client privilege - 16-cv-01145- (US D. Colo. 5/21/19).

Ramos v. The Hertz Corporation - Court denies claim of non-permissive driver - 17-cv-02576 - (US D. Colo. 05/23/19).

COLORADO SUPREME COURT

Bermel v. BlueRadios, Inc.- Supreme Court determines economic loss rule does not bar claim under statutory civil theft statute - 2019 CO 31 (SC 05/06/19).

COLORADO COURT OF APPEALS

Lorenzen v. Pinnacol Assurance - Court bars expert testimony on causation under Rule 702 - 2019COA54 (CA 04/19/19).

Southern Cross Ranches v. JBC Agricultural Management - Trial court's flip flopping on SJ motion without explanation justifies reversal - 2019COA58 (CA 04/19/19).

Bjornsen v. Board of County Commissioners of Boulder County - Interesting case for all those who live in the acronym filled world of public entity litigation - 2019 COA 59 (CA 04/25/19).

Shekarchian v. Maxx Auto Recovery, Inc. Colorado Consumer Protection Act - Towing company practice of requiring release violated CCPA -2019 COA 60 (CA 04/25/19).

West Colo. Motors v. General Motors - Remedial statute cannot revive nonjusticiable claim - 2019COA77 (CA 05/16/19).

TENTH CIRCUIT COURT OF APPEALS

United States ex rel. Reed v. KeyPoint Government Solutions - Tenth Circuit dismisses retaliation claim due to inadequate pleading of claim - Docket: 17-1379 (10th Cir. 04/30/19).

Sloan v. American Agencies, LLC - Court reverses jury verdict on unjust enrichment - Docket: 17-4202 (10th Cir. 5/7/19).

Hamer v. City of Trinidad - Tenth Circuit reverses summary judgment on ADA claim on basis of misinterpreting ADA - Docket: 17-1456 (10th Cir. 5/15/19).

COLORADO SUPREME COURT

Calvert v. Mayberry - Failure to comply with Rule 1.8 creates presumptively void contract - 2019 CO 23 (SC 04/17/19).

COLORADO COURT OF APPEALS

State of Colorado v. Castle Law Group. - Court of Appeals vacates judgment against law firm finding no substantial impact as required under CCPA - 2019COA49 (CA 4/04/19).

Houchin v. Denver Health. Government - Split decision hold compensatory claims under Anti-Discrimination Act are subject to GIA - 2019COA50 (CA 04/04/19).

Murr v. City and County of Denver. Municipal Law - Court of Appeals holds that City Charter does not give manager right to rescind order of discipline 2019COA51 (CA 4/04/19).

Rechberger v Boulder County - It's true - political campaign promises are not enforceable. 2019COA52 (CA 4/04/19).

Yeutter v. ICAO. Labor and Industry - Deference to WC DIME examination not required - 2019 COA 53 (CA 4/12/19).

TENTH CIRCUIT COURT OF APPEALS

Estate of Jaime Ceballos v. Husk - Tenth Circuit affirms no qualified immunity on excessive force claim - Docket: 17-1216 (10th Cir. 3/26/19).

Sacchi v. IHC Health Services - Internship found too attenuated to trigger coverage under employment statutes - Docket: 18-4027 (10th Cir. 3/26/19).

Butler v. Board of County Commissioners - Court holds government employee testimony in custody case not matter of public concern - Docket: 18-1012 (10th Cir. 3/29/19).

Nelson v. Board of County Commissioners - No two bites at apple under Rule 59 - Docket: 17-2199 (10th Cir. 4/16/19).

UNITED STATES DISTRICT COURT - COLORADO

Nosewicz v. Janosko - Court rules on Daubert standards where expert relies on experience - 16-cv-00447 (Colo. 3/31/19).

COLORADO SUPREME COURT

In the Matter of Laurie A. Booras - Supreme Court accepts COA judge resignation - 2019 CO 16 (SC 3/11/19)

COLORADO COURT OF APPEALS

Colorado Real Estate Commission v. Vizzi - Court of Appeals holds broker duties are nondelegable - 2019COA33 (CA 03/07/19)

Burren v. Industrial Claims Appeals Office - In worker's comp case, Court holds ALJ cannot put claimant at MMI without supporting medical opinion - 2019COA37 (CA 03/07/19)

Heotis v. Colorado State Board of Education - Court holds teacher duty to report child abuse/neglect did not cease when teacher leaves the classroom - 2019COA35 (CA 03/07/19)

Tisch v. Tisch - Court of Appeals holds finds basis for relief of minority shareholders; AND that expert fee cap in case management order was enforceable - 2019COA41 (CA 03/21/19)

Gagne v. Gagne - Court gives guidance on LLC dissolution - 2019COA42 (CA 03/21/19)

Whiting-Turner v. Guarantee Co. of N. Am. USA- Court of Appeals finds conditions precedent met in surety bond case - 2019COA44 (CA 03/21/19)

Rinker v. Colina-Lee - Irreparable harm is not a required element for an injunction enforcing an easement - 19COA45 (CA 03/21/19)

Bolton v. ICAO - Employers seeking to discontinue benefits upon the claimant reaching MMI need not first reopen claim - 2019COA47 (CA 03/21/19)

TENTH CIRCUIT COURT OF APPEALS

Free the Nipple v. City of Fort Collins - Tenth Circuit upholds preliminary injunction of equal protection challenge to topless ordinance - Docket: 17-1103 (10th Cir. 2/15/19)

Feinberg v. CIR - Tenth Circuit affirms tax court ruling on basis that marijuana deductions were not permissible - Docket: 18-9005 (10th Cir. 2/26/19)

Bill Barrett Corporation v. YMC Royalty Company - Court finds enforceable joint operating agreement based on performance - Docket: 18-1067 (10th Cir. 3/07/19)

Kelvion, Inc. v. PetroChina Canada Ltd. - Tenth Circuit rejects company's challenge to forum selection clause - Docket: 17-5097 (10th Cir. 3/15/19)

Lindsey v. Hyler - Court rejects motor vehicle chase claim as officer had qualified immunity - Docket: 17-7074 (10th Cir. 3/19/19)

UNITED STATES DISTRICT COURT - COLORADO

Panczner v. Lesley A. Fraser, M.D. - In med malpractice case, District Court finds comparative negligence argument was in fact a causation argument - Civil Action No. 17-cv-1037

Evanston Insurance Co. v. Aminokit Laboratories, Inc. - Court holds that settlement of a non-covered claim gives rise to unjust enrichment claim by carrier against insured - 15-cv-02665 (2/07/19) (Moore)

Quail Run II Assoc. v. American Alternative Insurance - Court ruling emphasizes importance of reservation of rights letters - 16-cv-2714 (1/31/19) (Krieger)

Brookshire Downs v. Owners Insurance Company - Court finds contractual statute of limitations in condo association policy bars claim - 17-cv-0871 (2/21/19) (Martinez)

Watts v. Home Depot - Court finds issue of fact on premises claim for pothole in parking lot - 17-cv-1320 (3/7/19) (Martinez)

Bethel v. Berkshire Hathaway - 17-cv-01456 (1/28/19) (Arguello)

COLORADO SUPREME COURT

LeHouillier v. Gallegos - Supreme Court holds collectability of judgment is an element of proof for client-plaintiff - 2019 CO 8 (SC 01/28/19)

In re Accetta v. Brooks Towers Residences Condominium Association, Inc. - Court holds condo association can adequately represent interests of absent unit owners and that joinder was not necessary (SC 2/11/19)

COLORADO COURT OF APPEALS

Brown v. American Standard Insurance Company of Wisconsin - Court holds that reasons fora policy cancellation must be valid to be effective - 2019COA11 (01/24/19)

Security Credit Services, LLC v. Hulterstrom - 2019COA7 (01/24/19)

Stiles v. Department of Corrections - 2019COA10 (CA 1/24/19)

Tallman v. Aune - 2019COA12 (CA1/24/19)

Parks III v. Edward Dale Parrish LLC - Laypersons can determine reasonableness of attorneys' fees in claim for fees - 2019 COA 19. (CA 2/07/18)

Estate of Yudkin - Common Law marriage - what is it? 2019COA25 (CA 2/21/19)

Wagner v. Planned Parenthood - 2019COA26 (CA 2/21/2019)

TENTH CIRCUIT COURT OF APPEALS

MTI v. Employers Insurance Co. - Docket: 17-6206 (10th Cir. 1/25/2019)

Kile v. United States - Court rejects contention that conflict of interest exists between parent and disabled minor who was party to the same lawsuit. Docket: 18-7004 (10th Cir. 2/11/19)

Nelson v. United States - Docket: 17-1388 (10th Cir. 2/12/19)

COLORADO SUPREME COURT

LeHouillier v. Gallegos - Supreme Court holds collectability of judgment is an element of proof for client-plaintiff - 2019 CO 8 (SC 01/28/19)

In re Accetta v. Brooks Towers Residences Condominium Association, Inc. - Court holds condo association can adequately represent interests of absent unit owners and that joinder was not necessary (SC 2/11/19)

COLORADO COURT OF APPEALS

Brown v. American Standard Insurance Company of Wisconsin - Court holds that reasons fora policy cancellation must be valid to be effective - 2019COA11 (01/24/19)

Security Credit Services, LLC v. Hulterstrom -2019COA7 (01/24/19)

Stiles v. Department of Corrections - 2019COA10 (CA 1/24/19)

Tallman v. Aune - 2019COA12 (CA 1/24/19)

Parks III v. Edward Dale Parrish LLC - Laypersons can determine reasonableness of attorneys' fees in claim for fees - 2019 COA 19. (CA 2/07/18)

Estate of Yudkin-Common Law marriage - what is it? 2019COA25 (CA 2/21/19)

Wagner v. Planned Parenthood - 2019COA26 (CA 2/21/2019)

TENTH CIRCUIT COURT OF APPEALS

MTI v. Employers Insurance Co. - Docket: 17-6206 (10th Cir. 1/25/2019)

Kile v. United States - Court rejects contention that conflict of interest exists between parent and disabled minor who was party to the same lawsuit. Docket: 18-7004 (10th Cir. 2/11/19)

Nelson v. United States - Docket: 17-1388 (10th Cir. 2/12/19)

2018

COLORADO COURT OF APPEALS

Patterson v. James - Court of Appeals enforces litigation shield privilege and agrees trial court may rely on unpublished appellate opinion - 2018 COA 173 (Colo. App. 12/13/18)

In re Marriage of Hogsett - Court of Appeals holds common law marriage between same sex couple can exist but did not in this case - 2018 COA 176 (Colo. App. 12/13/18)

TENTH CIRCUIT COURT OF APPEALS

Bay v. Anadarko E&P Onshore - Tenth Circuit holds deed reserving mineral rights should be evaluated under existing Colorado law - Docket: 17-1374 (10th Cir. 12/26/18)

DTC Energy Group v. Hirschfeld - Tenth Circuit affirms district court denial of preliminary injunction in trade secret case - No. 18-1113 (10th Cir. 12/28/18)

Schulenberg v. BNSF Railway Company - Tenth Circuit bars expert testimony lacking in methodology to support opinions - Docket: 18-6003 (10th Cir. 12/27/18)

Hamilton v. Northfield Insurance Company - Tenth Circuit affirms jury verdict finding no bad faith - Docket: 17-7049 (10th Cir. 12/18/18)

UNITED STATES DISTRICT COURT - COLORADO

Dalkita, Inc., d/b/a Dalkita Construction v. Distilling Craft, LLC, and Devin Mills - Magistrate recommends denial of preliminary injunction in infringement case - Civil Action No. 18-cv-01398-PAB-SKC - (D. Colo. 12/19/18)

Thomas Warner v. Nutrien, Ltd., F/K/A Agrium, Inc. - Court holds civil theft claim requires more than simple breach of contract - Civil Action No. 18-cv-01615-CMA-NYW (D. Colorado. 12/12/2018)

Barry, et al. v. Weyerhaeuser Company - Magistrate denies motion to dismiss product liability suit - 1:18-cv-01641 (D. Colo. 12/14/18)

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)

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-RMSTV (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)

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)

2017

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 Rules of Civil Procedure Amended in First Rule Change of 2017

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