Colorado Case Commentaries

Reaffirmation of "Actual Physical Control" in Colorado DUI Statute: People v. Swain

Date: May 27, 1998

Reaffirmation of "Actual Physical Control" in Colorado DUI Statute: People v. Swain Introduction In the landmark case of People of the State of Colorado v. Robert Swain, the Supreme Court of Colorado...

Leske Decision: Sexual Assault on a Child Not a Lesser-Included Offense of Position of Trust Under Colorado Law

Date: May 19, 1998

Leske Decision: Sexual Assault on a Child Not a Lesser-Included Offense of Position of Trust Under Colorado Law Introduction The case of The People of the State of Colorado v. Randall Lee Leske, 957...

Colorado Supreme Court Upholds Consideration of Accessible Labor Market in PTD Determinations

Date: Mar 10, 1998

Colorado Supreme Court Upholds Consideration of Accessible Labor Market in PTD Determinations Introduction The Supreme Court of Colorado, in the landmark case of Weld County School District Re-12 and...

Preservation of Common Law Tort of Bad Faith in Colorado Workers' Compensation Claims

Date: Oct 21, 1997

Preservation of Common Law Tort of Bad Faith in Colorado Workers' Compensation Claims Introduction The case of Stacey Vaughan and Axia Services, Inc. v. ces, Inc. addresses a pivotal issue in...

Colorado Supreme Court Clarifies Remedies under Oil and Gas Conservation Act: No Private Cause for Damages; Emphasizes Reasonableness in Trespass Claims

Date: Oct 21, 1997

Colorado Supreme Court Clarifies Remedies under Oil and Gas Conservation Act: No Private Cause for Damages; Emphasizes Reasonableness in Trespass Claims Introduction In the landmark case of Gerrity...

Bogdanov v. The People of Colorado: Clarifying Complicity Liability and Due Process Compliance

Date: Jul 29, 1997

Bogdanov v. The People of Colorado: Clarifying Complicity Liability and Due Process Compliance Introduction In Branko Bogdanov v. The People of Colorado, 941 P.2d 247 (1997), the Supreme Court of...

Inference of Intentional Discrimination in Employment Termination Under Colorado Law

Date: Jul 29, 1997

Inference of Intentional Discrimination in Employment Termination Under Colorado Law Introduction The case of Colorado Civil Rights Commission and Karen Thurman v. Big O Tires, Inc. (940 P.2d 397),...

After-Acquired Evidence Doctrine in Employment Contracts: Crawford v. Weissman

Date: Jun 10, 1997

After-Acquired Evidence Doctrine in Employment Contracts: Crawford v. Weissman Introduction Crawford Rehabilitation Services, Inc. v. Weissman, 938 P.2d 540 (Colo. 1997), is a landmark decision by...

Timely Recognition of Injury Severity in Workers' Compensation Claims

Date: May 2, 1997

Timely Recognition of Injury Severity in Workers' Compensation Claims Introduction The case of City of Durango and Colorado Intergovernmental Risk Sharing Agency v. Randy L. Dunagan explores critical...

Strict 'Any Wages' Interpretation for Permanent Total Disability Affirmed by Colorado Supreme Court

Date: Apr 1, 1997

Strict 'Any Wages' Interpretation for Permanent Total Disability Affirmed by Colorado Supreme Court Introduction The case of Richard A. Christie v. Coors Transportation Company addresses pivotal...

Colorado Supreme Court Sets New Standards for Anticipatory Declaratory Judgments in Insurance Coverage Disputes

Date: Jan 14, 1997

Colorado Supreme Court Sets New Standards for Anticipatory Declaratory Judgments in Insurance Coverage Disputes Introduction The cases of Constitution Associates v. New Hampshire Insurance Company...

Apportionment of Medical Impairment Ratings in Workers' Compensation: Askew v. Industrial Claim Appeals Office

Date: Dec 4, 1996

Apportionment of Medical Impairment Ratings in Workers' Compensation: Askew v. Industrial Claim Appeals Office Introduction Askew v. The Industrial Claim Appeals Office of the State of Colorado,...

Uninsured Motorist Coverage for Intentional Acts: State Farm v. McMillan

Date: Oct 29, 1996

Uninsured Motorist Coverage for Intentional Acts: State Farm v. McMillan Introduction In State Farm Mutual Automobile Insurance Company v. McMillan, 925 P.2d 785 (Colo. 1996), the Supreme Court of...

Penalties for Insurer Delays in Colorado Workers' Compensation: Insights from Pueblo School District No. 70 v. Toth

Date: Oct 16, 1996

Penalties for Insurer Delays in Colorado Workers' Compensation: Insights from Pueblo School District No. 70 v. Toth Introduction The case of Pueblo School District No. 70 and Colorado Compensation...

Thornton v. Bijou Irrigation: Affirming Non-Abandonment and No Initial Intent Requirement for Conditional Transmountain Water Rights